Talk:Trading with the Enemy Act
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Shouldn't this page only be about legislation that actually has this name, or is popularly called this? There are certainly acts that have this effect, but not this name. --Daniel C. Boyer 00:44, 25 Sep 2003 (UTC)
- Yes, I think this is an example of someone de-US-ifying a page when the page is and should be US specific. The "Trading with the Enemy Act" is a US piece of legislation. Daniel Quinlan 01:10, Sep 25, 2003 (UTC)
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- But note also that there was a British "Trading with the Enemy Act" in WWII (the Trading with the Enemy Act 1939). Tearlach 04:51, 8 January 2006 (UTC)
[edit] Confusion
The writer of this entry confuses the Trading with the Enemy Act with the International Emergency Economic Powers Act.
Iran and Iraq are subject to the IEEPA, not the TWEA.
The acts are substantively the same, as both are enabling statutes pursuant to which sanctions regulations are passed, but the TWEA applies only to countries with which we are at war, while the IEEPA applies to other countries with which we do not have diplomatic relations. President George H.W. Bush, upon the invasion of Kuwait by Iraq, issued an Executive Order based not on the TWEA but, rather, the IEEPA.
The only nations that the TWEA currently applies to are Cuba and North Korea. That is because prior the enactment of the IEEPA in 1977, the TWEA covered both wars and national emergencies. Because the sanctions regulations regarding Cuba and North Korea were issued prior to 1977, illegal transactions with those countries are "grandfathered in."
The media constantly confuses these two acts. For example, recently the government announced several million dollars in fines handed out to companies that were in the violation of the Trading with the Enemy Act and other sanctions regulations. The media failed to understand that most of these penalties were handed out pursuant to the IEEPA, not the TWEA. (Ikea, for example, was fined under the IEEPA for purchasing carpets from Afghanistan while it was under Taliban control.)
- The following comment, apparently in line with the above, was errantly posted into the article by 209.212.80.175:
This section is just entirely wrong. I wish I had time to write a memo on IEEPA...but IEEPA and TWEA are actually two entirely different laws. TWEA can be found at 12 USC 95 and IEEPA at 50 USC 1701.
