December 18, 2014

THE HILL: Can Obama Lift Cuba Embargo Alone? Why the hell not? He does everything else that way.

President Obama has significant powers at his disposal to make the U.S. trade and travel embargoes on Cuba meaningless, though action by Congress is required to formally lift the sanctions.

Six separate laws dictate the terms of sanctions on Cuba. They range from the Trading with the Enemy Act of 1917 to the Trade Sanctions Reform and Export Enhancement Act of 2000.

It was President John F. Kennedy who prohibited U.S. exports to Cuba under the Trading with the Enemy Act shortly after Fidel Castro took control of the island nation.

Since then, Congress has moved periodically to toughen the sanctions with legislation, and a series of presidents have also taken executive steps to tighten or loosen the screws on Cuba.

Experts agree that Obama, who with actions on healthcare and immigration has signaled a willingness to test the lengths of executive power, has significant discretion when it comes to U.S. policy toward Cuba.

The six laws are written in a way to give the executive branch latitude in enforcing the law, and regulations are used to implement many of the sanctions.

It’s clear that a lot of our immigration and national security laws were written with certain assumptions about the Chief Executive in mind, assumptions that no longer hold.

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