Comments on: Business as Usual in the UAE http://www.exportlawblog.com/archives/315 Latest News on DDTC, BIS, OFAC, and other export law matters Wed, 07 Jan 2009 18:21:42 +0000 http://wordpress.org/?v=2.5.1 By: Clif Burns http://www.exportlawblog.com/archives/315#comment-9385 Clif Burns Fri, 04 Apr 2008 00:58:54 +0000 http://www.exportlawblog.com/archives/315#comment-9385 I'm a New York Avenue lawyer. :-) I’m a New York Avenue lawyer. :-)

]]> By: Mike Deal http://www.exportlawblog.com/archives/315#comment-9384 Mike Deal Thu, 03 Apr 2008 23:54:35 +0000 http://www.exportlawblog.com/archives/315#comment-9384 Well, at least the UAE has an export control law: The United States does not. The EAA expired nearly seven (7) years ago and despite proposals, several Congresses have not bothered to renew it. As Justice Blackmun - relying upon the verbatim record of the legislative history of IEEPA -made clear in Regan v. Wald, IEEPA is supposed to be for emergencies, not for a continuing state of affairs. Blackmun was right: I was there at the hearings and House mark up as a staffer of both the EAA Amendments and IEEPA (title III of which also amended the EAA). At the full committee mark up of the EAA renewal in 1977, Bingamon stated that they intended that the sunset provision in the EAA be taken seriously. Furthermore, IEEPA only replicates TWEA Sec/5(b), not the entire 44 sections of TWEA: Under TWEA, the authority to regulate trade, as defined by Sec. 2 of TWEA, wasn't in Sec. 5(b), the authority to regulate trade was in TWEA Sec. 3. As made clear in the legislative history of the original 1917 actand the amendments of 1942, TWEA Sec. 5(b) was never intended to be authority to regulate trade (otherwise Sec. 3 would have been redundant, not acceptable in the jurisprudence of statutory construction). Rather, Section 5(b) was intended to regulate then existing interests, legal and equitable, of enemy states and their nationals in extant property. Indeed, the legislative history of both the original 1917 act and the 1942 amendments state that it was intended to be a codification of and partial relief from the harshness of the common law offense of trading with the enemy. Cain't one of you K Street lawyers git one of your summer clerks to do a law review article on the history of TWEA so OFAC and BIS cain't keep gittin away with distorting history to their own dark purposes. Well, at least the UAE has an export control law: The United States does not. The EAA expired nearly seven (7) years ago and despite proposals, several Congresses have not bothered to renew it. As Justice Blackmun - relying upon the verbatim record of the legislative history of IEEPA -made clear in Regan v. Wald, IEEPA is supposed to be for emergencies, not for a continuing state of affairs. Blackmun was right: I was there at the hearings and House mark up as a staffer of both the EAA Amendments and IEEPA (title III of which also amended the EAA). At the full committee mark up of the EAA renewal in 1977, Bingamon stated that they intended that the sunset provision in the EAA be taken seriously. Furthermore, IEEPA only replicates TWEA Sec/5(b), not the entire 44 sections of TWEA: Under TWEA, the authority to regulate trade, as defined by Sec. 2 of TWEA, wasn’t in Sec. 5(b), the authority to regulate trade was in TWEA Sec. 3. As made clear in the legislative history of the original 1917 actand the amendments of 1942, TWEA Sec. 5(b) was never intended to be authority to regulate trade (otherwise Sec. 3 would have been redundant, not acceptable in the jurisprudence of statutory construction). Rather, Section 5(b) was intended to regulate then existing interests, legal and equitable, of enemy states and their nationals in extant property. Indeed, the legislative history of both the original 1917 act and the 1942 amendments state that it was intended to be a codification of and partial relief from the harshness of the common law offense of trading with the enemy.

Cain’t one of you K Street lawyers git one of your summer clerks to do a law review article on the history of TWEA so OFAC and BIS cain’t keep gittin away with distorting history to their own dark purposes.

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