Presidential Executive Orders President of the United States may impose sanctions on individuals and entities anywhere in the world using powers under the International Emergency Economic Powers Act. The National Emergencies Act (50 U.S.C. 1601, 1622(d)) permits the annual renewal of the emergency and section 301 of title 3, of the United States Code allows for the delegation of Presidential powers accorded under the emergency. The legislation is clearly broadly interpreted as the provisions can only be invoked “to deal with any unusual and extraordinary threat … to the national security, foreign policy, or economy of the United States” (1701b of the Act). When first invoked in 2003, under Executive Order 13288, it was held that: …the actions and policies of certain members of the Government of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions, [are] contributing to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated violence and intimidation in that country, and to political and economic instability in the southern African region. In 2008, Executive Order 13469, expanded the scope of the national emergency declared in the earlier executive order and authorized “the blocking of the property of certain persons determined to have engaged in actions or policies to undermine democratic processes or institutions in Zimbabwe, to commit acts of violence and other human rights abuses against political opponents, and to engage in public corruption.” The actions these persons were deemed “to continue to pose an unusual and extraordinary threat to the foreign policy of the United States”. It seems, however, that the Global Magnitsky Act of 2016 (Public Law 114-328), would have been used had it then been available as it is more appropriate, being designed to sanction those who have engaged in “gross violations of human rights or significant acts of corruption.” It was recently applied against “the Gupta brothers”, alleged to have been involved in acts of corruption through “state capture” in South Africa. The Presidential Executive Order in relation to Zimbabwe provides that: [a]ny transaction or dealing by a United States person or within the United States in property or interests in property blocked pursuant to this order is prohibited, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of any person listed. Only persons and entities on the list are embargoed from trading with “United States Persons” – a defined category which includes juristic persons. The Executive Order is therefore not a trade embargo against Zimbabwe. Individuals on the list are known as Specially Designated Nationals (SDNs). The list is available by following the links here: https://www.treasury.gov/resource-center/sanctions/SDNList/Pages/default.aspx. The list includes SDNs from every country subject to US sanctions and is difficult to examine but, in relation to Zimbabwe, appears to contain 83 individuals, 21 farm enterprises and 32 entities. Implementation and monitoring falls to the US Treasury Department's Office of Foreign Asset Control (OFAC) and the listing of SDNs, by delegation of presidential authority, is undertaken by the OFAC in consultation with the Secretary of State. OFAC has made regulations to effect the Executive Order (31 CFR Part 541).12 Unlike the EU Council, however, OFAC has not been assiduous in keeping the list of SDNs updated, and it now contains several people whose malfeasance occurred nearly two 12 Details of the “Zimbabwe Sanctions Program” and explanatory notes to the regulations can be found here: https://www.treasury.gov/resource-center/sanctions/Programs/Documents/zimb.pdf. 5