DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act

This determination extends for one year, until September 14, 2002, the President's emergency authorities under the Trading With the Enemy Act (TWEA) as they apply to countries subject to three Treasury Department sanctions regimes: the Foreign Assets Control Regulations, Transaction Control Regulations, and Cuban Assets Control Regulations. The Secretary of the Treasury is directed to publish the determination in the Federal Register.

Impact dates

  1. Continued authorities expire unless renewed

  2. TWEA authorities scheduled to terminate; continuation takes effect

Key directives

  • Continue exercise of TWEA authorities for 1 year until September 14, 2002
  • Apply to countries affected by 31 C.F.R. part 500 (Foreign Assets Control Regulations)
  • Apply to countries affected by 31 C.F.R. part 505 (Transaction Control Regulations)
  • Apply to countries affected by 31 C.F.R. part 515 (Cuban Assets Control Regulations)
  • Secretary of the Treasury to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Continuation of TWEA authorities takes effect September 14, 2001
  • Treasury Secretary directed to publish in Federal Register

Near term (90d)

Long term

  • Sanctions authorities remain in force through September 14, 2002
  • Annual renewal pattern likely to continue

Risks & tensions

  • Document signed September 12, 2001—one day after 9/11 attacks—creating potential context of heightened emergency posture though text makes no reference to terrorism
  • Annual renewal mechanism creates procedural dependency; lapse would disrupt sanctions enforcement
  • Vague 'applicable countries' language leaves room for interpretive expansion by Treasury
Presidential Determination: Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act · Executive Orders