Memorandum on Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act
Issued 2019-09-13 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum extends certain economic restrictions related to Cuba for another year. Under a law passed by Congress in 1977, specific authorities from the Trading With the Enemy Act that apply to Cuba were set to expire on September 14, 2019. President Trump determined that continuing these authorities for one more year, until September 14, 2020, is in the national interest of the United States. These authorities are implemented through the Cuban Assets Control Regulations, which are managed by the Department of the Treasury.
This action affects anyone subject to U.S. economic restrictions involving Cuba, as it maintains the existing regulatory framework governing those transactions and relationships. The memorandum was directed to the Secretary of State and the Secretary of the Treasury, instructing the Treasury Secretary to publish the determination in the Federal Register.
This matters because it represents a routine annual decision about whether to maintain economic measures related to Cuba. Congress required the president to regularly review and renew these authorities rather than making them permanent, and this memorandum fulfilled that requirement for the 2019-2020 period. The action maintained the status quo rather than changing existing policy.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Donald J. Trump, 2019 Memorandum on Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act September 13, 2019 Presidential Determination No. 2019–23 Memorandum for the Secretary of State and the Secretary of the Treasury Subject: Continuation of the Exercise of Certain Authorities under the Trading With the Enemy Act Under section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. 4305 note), and a previous determination on September 10, 2018 (83 FR 46347, September 12, 2018), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to expire on September 14, 2019. I hereby determine that the continuation of the exercise of those authorities with respect to Cuba for 1 year is in the national interest of the United States. Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95–223, I continue for 1 year, until September 14, 2020, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515. The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register . </P