Secular Iran

Mitra’s Task MA3

Updated: Tuesday 24 September 2024

Mitra’s notes on Task MA3–the current state of the Mahsa Act’s implementation and enforcement.

What Delegation Means in the Context of US Laws & US President

Tuesday 24 September 2024

del·e·gate

noun

/ˈdeləɡət/

a person sent or authorized to represent others, in particular an elected representative sent to a conference.

Delegate

In U.S. politics and the context of the sanctions process, the term “delegate” can refer to several different roles or actions depending on how it is used. It generally means the act of assigning authority or responsibility from one entity or person to another. Here’s how “delegate” might apply specifically to the sanctions process:

1. Delegated Presidential Powers

The President has broad powers to impose sanctions, especially under laws like the International Emergency Economic Powers Act (IEEPA). However, the President can delegate specific responsibilities for implementing and administering sanctions to executive agencies or officials.

For example, the Secretary of the Treasury is often delegated authority by the President to oversee the enforcement of financial sanctions, especially through the Office of Foreign Assets Control (OFAC). Similarly, the Secretary of State may be delegated authority to impose diplomatic sanctions or engage in international negotiations related to sanctions.

2. Delegation to Agencies

Various federal agencies are delegated specific roles in the sanctioning process. For instance:

The Department of State might be responsible for imposing diplomatic and travel sanctions.

The Department of Commerce might handle export controls and trade restrictions as part of sanctions.

The Department of Defense could be involved in military sanctions or the imposition of arms embargoes.

The Treasury Department (via OFAC) is commonly responsible for enforcing economic and financial sanctions, as well as maintaining lists like the Specially Designated Nationals (SDN) list.

3. Congressional Delegation of Authority

Congress can delegate authority to the President or specific agencies through legislation. For example, Congress may pass a law that gives the President the authority to impose sanctions under certain conditions. Laws like the Magnitsky Act or Countering America’s Adversaries Through Sanctions Act (CAATSA) grant the executive branch the authority to impose sanctions, but Congress retains some oversight.

Congress may also require regular reports from the executive branch, ensuring that it is informed on how delegated sanctioning powers are being exercised.

4. Delegates in Political Contexts

In another political sense, a delegate could refer to individuals sent by U.S. government officials to represent the U.S. in international negotiations about sanctions (e.g., delegates in the United Nations Security Council or the European Union). These delegates might participate in diplomatic talks where sanctions are discussed and negotiated.

Summary

In the context of the U.S. sanctions process, delegation usually refers to:

The President delegating authority to executive agencies (like the Department of Treasury or State) to carry out and enforce sanctions.

Congress delegating sanctioning authority to the President or other officials through legislation.

Diplomatic delegates representing U.S. interests in international forums where sanctions are being discussed or enforced.

In each case, the term involves a transfer of authority or responsibility for implementing or enforcing sanctions.

sanctions in US:

Sanctioning a country in the United States is a complex process involving several branches of the federal government, including the executive and legislative branches. Sanctions are typically imposed for reasons such as human rights violations, terrorism, nuclear proliferation, or threats to international peace. Here’s an overview of the process:

1. Executive Branch Authority

  • President’s Power: The President of the United States holds significant power to impose sanctions under the authority of various laws and executive orders.
  • International Emergency Economic Powers Act (IEEPA): This is one of the main legal frameworks under which the President can impose sanctions. Under IEEPA, the President can declare a national emergency related to foreign threats and impose economic sanctions, freeze assets, and restrict trade or financial transactions.
  • Executive Orders: The President may issue an executive order detailing specific sanctions. For example, President Obama issued Executive Order 13694 to impose sanctions on foreign actors engaged in malicious cyber activities.

2. Role of the Treasury Department (OFAC)

  • The Office of Foreign Assets Control (OFAC), under the U.S. Department of the Treasury, administers and enforces economic and trade sanctions. OFAC implements sanctions based on U.S. foreign policy and national security goals.
  • OFAC maintains the Specially Designated Nationals (SDN) List, which includes individuals, companies, and countries that are subject to sanctions. OFAC can block assets, prohibit financial transactions, and restrict trade.
  • OFAC also issues licenses and exemptions, allowing specific transactions that would otherwise be prohibited under the sanctions.

3. Legislative Branch Involvement

  • Congressional Authority: Congress has the power to impose sanctions through legislation. For example, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) imposed stringent sanctions on Iran.
  • Congress can also pass laws requiring the President to impose sanctions on certain countries or entities. A notable example is the Countering America’s Adversaries Through Sanctions Act (CAATSA), which mandates sanctions on countries like Russia, Iran, and North Korea.
  • Congressional Oversight: Even when sanctions are imposed by the executive branch, Congress has oversight and can modify or repeal sanctions through legislation.

4. Sanctions Types

Sanctions can take many forms, including:

  • Economic Sanctions: Blocking financial assets, prohibiting trade and investment, and freezing assets.
  • Trade Sanctions: Restricting imports, exports, or the provision of certain services.
  • Diplomatic Sanctions: Limiting or severing diplomatic ties.
  • Military Sanctions: Restricting military aid or cooperation.
  • Travel Bans: Prohibiting the movement of individuals from the sanctioned country.

5. International Cooperation

  • The U.S. often coordinates its sanctions with allies or through international organizations like the United Nations (UN) or the European Union (EU). Multilateral sanctions are often more effective as they minimize the targeted country’s ability to bypass restrictions.
  • The U.S. may also impose secondary sanctions on third-party countries or entities that engage in business with a sanctioned country. For example, U.S. secondary sanctions on companies doing business with Iran were designed to pressure foreign companies to cut ties with Iran.

6. Challenges and Legal Review

  • Legal Challenges: Sanctions are sometimes challenged in U.S. courts by affected parties. Individuals or companies on the SDN list may file lawsuits to challenge the legality of sanctions against them.
  • Judicial Review: While U.S. courts generally defer to the executive branch in foreign policy matters, they can still review whether sanctions comply with statutory authority and constitutional protections.

7. Removal of Sanctions

  • The President, with authority under relevant laws, can lift sanctions. For instance, following successful diplomatic negotiations, sanctions against a country may be removed, as was the case with sanctions on Cuba in 2015 during the Obama administration.
  • Congress can also legislate to remove sanctions, though this typically requires the passage of a new law.