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Trading With the Enemy Act
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Trading With the Enemy Act

The 1917 US statute providing the legal foundation for the Cuban embargo, renewed annually by presidential determination.

Last refreshed: 8 September 2026 · Appears in 1 active topic

Timeline for Trading With the Enemy Act

#15 30 Sept

Remained the legal basis for the CACR

Cuba Dispatch: OFAC closes Cuban firms' US accounts
View full timeline →

Background

Trading With the Enemy Act is the 1917 US statute that lets the president restrict trade with a hostile power. Congress moved new peacetime sanctions authority to the International Emergency Economic Powers Act in 1977 but grandfathered the Cuba programme, so Cuba is the only country still sanctioned under the older Act. It underlies the Cuban Assets Control Regulations, the rulebook the Treasury's Office of Foreign Assets Control applies to every Cuba-related designation.

Authority under the Act lapses each year unless the president renews it. Presidential Determination 2026-21, published in the Federal Register on 25 August 2026, extended that authority to 14 September 2027.

The renewal is procedural, but it sets the floor beneath the entire 2026 designation campaign: because authority was extended to 14 September 2027, nothing forces a pause in Washington's Cuba sanctions programme before that date.

Common Questions
What is the Trading With the Enemy Act?
A 1917 US law letting the president restrict trade with an enemy power; Cuba is the only country still sanctioned under it.
Why is Cuba still under the Trading With the Enemy Act?
Congress moved new peacetime sanctions powers to the International Emergency Economic Powers Act in 1977 but grandfathered Cuba's existing authority, which the president renews annually.
When was Trading With the Enemy Act authority over Cuba last renewed?
Presidential Determination 2026-21, published 25 August 2026, renewed it to 14 September 2027.Source: event
What does Trading With the Enemy Act authority underpin?
The Cuban Assets Control Regulations, the rulebook OFAC uses for every Cuba sanctions designation.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 8 September 2026. Editorial standards.