http://www.exportlawblog.com/archives/291 Latest News on DDTC, BIS, OFAC, and other export law matters Tue, 06 Jan 2009 13:07:42 +0000 http://wordpress.org/?v=2.5.1 http://www.exportlawblog.com/archives/291#comment-7932 Mike Deal Tue, 12 Feb 2008 00:57:47 +0000 http://www.exportlawblog.com/archives/291#comment-7932 Well, there's a little problem with their ex post facto penalty program that isn't adressed by the case previously cited. That said, IEEPA was never intended to be authority for sanctions in response to ongoing diplomatic difficulties, as recornized in the opinion in which four justices joined in Regan v. Wald, and which was not contradicted by the majority opinion, which instead relied on the grandfather provisions. On the contrary, the legislative history of the act which included IEEPA also included language to the effect that permanent trade regulation was to be carried out, if at all, under the authority of the EAA section 6. As much as the embargo of Sudan may well be justified, it requires direct legislative authority, and not some contrived "emergency". Well, there’s a little problem with their ex post facto penalty program that isn’t adressed by the case previously cited. That said, IEEPA was never intended to be authority for sanctions in response to ongoing diplomatic difficulties, as recornized in the opinion in which four justices joined in Regan v. Wald, and which was not contradicted by the majority opinion, which instead relied on the grandfather provisions. On the contrary, the legislative history of the act which included IEEPA also included language to the effect that permanent trade regulation was to be carried out, if at all, under the authority of the EAA section 6. As much as the embargo of Sudan may well be justified, it requires direct legislative authority, and not some contrived “emergency”.

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