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1 1 (January 15, 2021)

handle is hein.crs/govebkw0001 and id is 1 raw text is: Congressional Research Service S January 15, 2021 Economic Sanctions: Overview for the 117th Congress Economic Sanctions and Authorities Economic sanctions in furtherance of foreign policy and national security objectives are coercive economic measures taken against a target to bring about a change in behavior. In U.S. foreign policy and national security, sanctions can include such measures as trade embargoes; restrictions on particular exports or imports; denial of foreign assistance, loans, and investments; blocking of foreign assets under U.S. jurisdiction; and prohibition on economic transactions that involve U.S. citizens or businesses. Secondary sanctions are sometimes used to put additional pressure on the sanctions target. They penalize third parties engaged in activities with the primary sanctions target that undermine or evade the purpose of the sanctions regime. The Role of the President Most U.S. economic sanctions imposed for foreign policy or national security reasons are based on national emergency authorities. The President, for a variety of reasons related to constitutional interpretations and related legal challenges throughout U.S. history, holds substantial decisionmaking authority when economic sanctions are used in U.S. foreign policy. If the sanctions are to be a part of a policy already identified by Congress in legislation, the President is to follow the requirements of the relevant legislation. Thus, for example, sanctions imposed on Russia relating to its invasion of Ukraine, the death of Sergei Magnitsky, government corruption, weapons proliferation, weapons trade with Syria, election interference, and sanctions violations relating to North Korea are based on legislative requirements. It remains, however, the executive branch's responsibility to make each determination under law that forms the Russia sanctions regime. Determinations are to be based on national emergency, international emergency, and treaty obligations stated in legislation. The President may also act as a sole decisionmaker by determining that a situation poses an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States. In this process, the President declares that a national emergency exists, as provided for in the National Emergencies Act (50 U.S.C. 1601 et seq.), submits that declaration to Congress, and publishes it in the Federal Register to establish a public record. Under this national emergency, the President further invokes the authorities granted to his office in the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). The Role of the Executive Branch In the executive branch, the responsibility to implement and administer sanctions resides throughout agencies and departments, but primarily with the Departments of State, the Treasury, and Commerce: * the State Department manages arms sales, diplomatic relations, visa issuance, military aid, and foreign aid; * Treasury regulates transactions, access to U.S.-based assets, use of the U.S. dollar and U.S. banking system, and the U.S. voice and vote in the international financial institutions; and * Commerce oversees export licensing and compliance with international obligations primarily associated with nonproliferation. To a lesser extent, other agencies have a role particular to their own missions. The Department of Justice prosecutes sanctions evasion and violations of sanctions and export laws. The Department of Homeland Security oversees customs affecting importation and has a supporting role to the State Department in visa issuance. The Department of Energy has a role in overseeing obligations under international nuclear agreements. The Role of Congress Congress has a role in defining the concerns to which sanctions are applied. As part of this responsibility, Congress enacts legislation to authorize, or in some instances to require, the President to take action to address foreign policy and national security concerns. Congress has, for example, taken the lead in writing into legislation the authority for the President or executive branch to use sanctions to address the rise of military coups d'6tat, weapons proliferation, international terrorism, illicit narcotics trafficking, human rights abuses (including trafficking in persons and foreign states' failure to uphold religious freedom), regional instability, cyber insecurity, corruption and money laundering, or events rising from specific regions or countries, including Russia, North Korea, and Iran. Most often, however, even when Congress enacts an authority or requirement to use economic sanctions, it refers back to the national emergency and international emergency frameworks for implementation. Sanctions Regimes in 2021 The United States maintains an array of economic sanctions against foreign governments, entities, and individuals, covering foreign governments it has identified as supporters of acts of international terrorism (Cuba, Iran, North Korea, Syria); nuclear arms proliferators (Iran, North Korea, Syria); egregious violators of international human rights norms, democratic governance, or corruption standards (Belarus, Burundi, Central African Republic, Cuba, .congross.gov

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