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Executive Order 12543 Constitutional Friction / Overreach (-0.19)

Executive Order 12543—Prohibiting Trade and Certain Transactions Involving Libya

Ronald Reagan Ronald Reagan
•
Tuesday, January 7, 1986
•
4 min read (774 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Ronald Reagan on 1986-01-07, establishes federal administrative policy concerning "Prohibiting Trade and Certain Transactions Involving Libya." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: An early statesman would subject this decree to rigorous scrutiny under Article I, Section 8. The Framers deliberately committed commerce, taxation, tariffs, and revenue to Congress alone. To the extent this order imposes duties or financial burdens without explicit statutory pre-authorization, it creates friction with the separation of powers.

Key Directives & Operative Actions

▪ 1601 et seq.), sections 504 and 505 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83), section 1114 of the Federal Aviation Act of 1958, as amended (49 U.S.C.
▪ 1514), and section 301 of title 3 of the United States Code, I, Ronald Reagan, President of the United States of America, find that the policies and actions of the Government of Libya constitute an unusual and extraordinary threat to the national security and foreign policy of the United States and hereby declare a national emergency to deal with that threat.
▪ In light of the prohibition in Section l(a) of this Order, section 251 of the Trade Expansion Act of 1962, as amended (19 U.S.C.
▪ 1881), and section 126 of the Trade Act of 1974, as amended (19 U.S.C.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
Total Words
774
4,720 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
19.4
Post-Grad reading level
Constitutional Polarity
-0.19
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12543, Ronald Reagan (Jan 7, 1986). Available at https://executiveordersarchive.org/orders/app-executive-order-12543-prohibiting-trade-and-certain-transactions-involving-libya.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), sections 504 and 505 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83), section 1114 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1514), and section 301 of title 3 of the United States Code, I, Ronald Reagan, President of the United States of America, find that the policies and actions of the Government of Libya constitute an unusual and extraordinary threat to the national security and foreign policy of the United States and hereby declare a national emergency to deal with that threat. I hereby order: Section 1. The following are prohibited, except to the extent provided in regulations which may hereafter be issued pursuant to this Order: (a) The import into the United States of any goods or services of Libyan origin, other than publications and materials imported for news publications or news broadcast dissemination; (b) The export to Libya of any goods, technology (including technical data or other information) or services from the United States, except publications and donations of articles intended to relieve human suffering, such as food, clothing, medicine and medical supplies intended strictly for medical purposes; (c) Any transaction by a United States person relating to transportation to or from Libya; the provision of transportation to or from the United States by any Libyan person or any vessel or aircraft of Libyan registration; or the sale in the United States by any person holding authority under the Federal Aviation Act of any transportation by air which includes any stop in Libya; (d) The purchase by any United States person of goods for export from (e) The performance by any United States person of any contract in support of an industrial or other commercial or governmental project in Libya; (f) The grant or extension of credits or loans by any United States person to the Government of Libya, its instrumentalities and controlled entities; (g) Any transaction by a United States person relating to travel by any United States citizen or permanent resident alien to Libya, or to activities by any such person within Libya, after the date of this Order, other than transactions necessary to effect such person's departure from Libya, to perform acts permitted until February 1, 1986, by Section 3 of this Order, or travel for journalistic activity by persons regularly employed in such capacity by a news gathering organization; and (h) Any transaction by any United States person which evades or avoids, or has the purpose of evading or avoiding, any of the prohibitions set forth in this Order. For purposes of this Order, the term "United States person" means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States or any person in the United States. Sec. 2. In light of the prohibition in Section l(a) of this Order, section 251 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1881), and section 126 of the Trade Act of 1974, as amended (19 U.S.C. 2136) will have no effect with respect to Libya. Sec. 3. This Order is effective immediately, except that the prohibitions set forth in Section l(a), (b), (c), (d) and (e) shall apply as of 12:01 a.m. Eastern Standard Time, February 1, 1986. Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out the purposes of this Order. Such actions may include prohibiting or regulating payments or transfers of any property or any transactions involving the transfer of anything of economic value by any United States person to the Government of Libya, its instrumentalities and controlled entities, or to any Libyan national or entity owned or controlled, directly or indirectly, by Libya or Libyan nationals. The Secretary may redelegate any of these functions to other officers and agencies of the Federal government. All agencies of the United States government are directed to take all appropriate measures within their authority to carry out the provisions of this Order, including the suspension or termination of licenses or other authorizations in effect as of the date of this Order. This Order shall be transmitted to the Congress and published in the Federal Register. RONALD REAGAN The White House, January 7, 1986. [Filed with the Office of the Federal Register, 10:16 a.m., January 8, 1986]