Memorandum on Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act
Issued 2015-09-11 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum extends certain economic controls related to Cuba for one more year, until September 14, 2016. Under existing law, the president's authority to maintain these controls was set to expire on September 14, 2015. President Obama determined that continuing these authorities for another year is in the national interest and directed the Secretaries of State and Treasury to maintain the Cuban Assets Control Regulations.
This action affects American individuals and businesses in their financial dealings with Cuba, as the Cuban Assets Control Regulations govern various economic transactions. The memorandum continues existing restrictions rather than creating new ones or removing old ones.
The action matters because it represents the government's ongoing management of the U.S.-Cuba economic relationship through legally established controls. By extending these authorities annually, the president keeps existing economic regulations in place that would otherwise automatically expire under the law. This is a routine administrative action that presidents must take each year to maintain the status quo regarding these particular Cuba-related authorities.
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 Barack Obama, 2015 Memorandum on Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act September 11, 2015 Presidential Determination No. 2015–11 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. App. 5(b) note), and a previous determination on September 5, 2014 (79 FR 54183, September 10, 2014), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2015. I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to Cuba 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, 2016, 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 .