homeland security forum responses(215)

What specific legal action and against who, has the U.S. government undertaken resulting from, or linked to, this EO?

            There are multiple regulations imposed under Executive Order (EO) 13382 that also link to Executive 12938 and 31 C.F.R Section 539.  If we break EO 13382 down, the specific legal action imposed include three separate sanctions programs.  First, EO 13382, “blocks the property of persons engaged in proliferation activities and their support networks (OFAC, 2012).”  Second, EO 13382, implements “a ban on imports into the United States, pursuant to Executive Order 12938 (OFAC, 2012).”  EO 12938 empowers the Secretary of the Treasury to prohibit the importation of goods, technology, or services by a foreign person who participates in WMD proliferation activities.  Third, EO 13382 blocks the Russian Federation from doing anything with their highly enriched uranium stockpiles other than what has already been agreed upon with the U.S. (OFAC, 2012).  In summary, executive order 13382, “denies those parties access to the U.S. financial and commercial systems (OFAC, 2012).”  Which means entities and their supporters that deal in WMD proliferation are subject to denial to the US financial systems and having their assets frozen.

             Executive Order 13382 affects many different international entities from multiple countries.  EO 13382 initially applied to eight organizations within the countries of North Korea, Iran, and Syria.  However, the EO allows the Secretary of the Treasury in conjunction with the Secretary of State to impose sanctions on additional entities and their supporters who conduct WMD proliferation activities.  The current list of “foreign persons” under “active” import bans pursuant to EO 12938 includes about 205 entities or their supporters (DOS, 2016).  EO 13382 also affects the Russian Federation, who has further restrictions emplaced, in regards to their blend down of highly enriched uranium to low enriched uranium.  Specifically, over a twenty-year period the Russian Federation will reduce 500 metric tons to low enriched uranium for use in commercial reactors (OFAC, 2012).  Furthermore, EO 13382 blocks U.S. persons or companies and their foreign branches from engaging in any transaction with any party designed by the order.  

            Executive Order 13382 basically creates an easier way for the executive branch of the United States Government to impose sanctions.  The language in the order is broad and places the burden of sanctions on the Secretary of the Treasury and the Secretary of State.  Meaning, Congress does not get a vote and the process of placing international sanctions on foreign entities or property in the possession of U.S. citizens is streamlined (Crail, 2008).  Which allows for the question of, without legislation authorizing sanctions have all legal standards set by Congress been met?  An Executive Order that is upheld by the judicial branch can clear up the muddy waters of executive action versus legislative action.  However, even without a court ruling, a streamlined approach to sanctions against proliferators of WMDs is ideal for obvious reasons. 

References

Crail, P. (2008). U.S. Wields Financial Sanctions Against Iran. Arms Control Association. Retrieved from https://www.armscontrol.org/print/3422

DOS. (2016). Department of State Sanctioned Entities. U.S. Department Of State Federal Register.  Retrieved from http://www.state.gov/documents/organization/261144.pdf