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Author: Erich Ferrari

Are you Dreaming of an OFAC SDN Designation?

I spend a lot of time online. This is due, in part, to the fact that one of my favorite past times is going on Twitter and hearing the endless roar of non-sanctions practitioners (a.k.a. lay persons) scream about who should be on the OFAC SDN List, and complain about why the subject of their ire isn’t on the list. If you listen to the Twitter mob, everyone from Sean Penn, to the Night King, to the President of the United States should be on the SDN List. While I usually greet such cries for designation with a pair...

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Not Exactly a Line in the Sand: The D.C. Circuit and Attempt Liability Under the ITSR

Admittedly, I’m late to the party on this, but as you likely already know the D.C. Circuit has issued its decision in the Epsilon Electronics v. U.S. Department of the Treasury litigation that I have spent so much time writing on over the past two years. There is a lot to unpack from that decision–and I will likely try to get to all of it in future posts–however, today’s post concerns an interesting point that the D.C. Circuit made in its opinion which is not getting as much attention as it (in my opinion) deserves. That distinction relates to...

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ZTE Case Highlights Problem with OFAC Enforcement Guidelines

I like the General Factors Affecting Administrative Action. I really do. If you don’t know what I’m talking about, allow me to provide some background. As you (hopefully) are aware, the United States Department of Treasury’s Office of Foreign Assets Control (OFAC), administers U.S. economic sanctions programs targeting the countries, organizations, persons, etc. that the U.S. Government believes to be engaged in conduct which threatens certain U.S. national security and foreign policy, as defined by various legal authorities. In this role, OFAC is responsible for enforcing violations of the sanctions programs they administer. Their processing of such enforcement cases...

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IEEPA: So Easy Even a Caveman Can Understand It

Here goes my sour grapes post. There have been a number of motions to dismiss filed by defendants in criminal prosecutions for violations of the International Emergency Economic Powers Act (IEEPA) arising from conduct prohibited by the Iranian Transactions and Sanctions Regulations (ITSR), and its predecessor the Iranian Transactions Regulations. A number of those motions have been filed by defendants who were non-U.S. persons–i.e., foreign nationals–who engaged in the prohibited conduct for which they were charged outside of the U.S. Finally, a large number of those motions have included argument that IEEPA is unconstitutionally vague. From what I understand,...

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Is Epsilon Electronics the Donald J. Trump of OFAC Enforcement Cases?

I’m going to have to pick up a new hobby once the United States Court of Appeals for the District of Columbia issues its decision in the matter of Epsilon Electronics v. The United States Department of the Treasury’s Office of Foreign Assets Control. For those of you who are new to the blog, have somehow missed my multiple Epsilon related posts, or otherwise are new to sanctions, the litigation involves Epsilon’s contesting of a penalty imposed by OFAC for violations of the Iranian Transactions and Sanctions Regulations (“ITSR”) arising from the export to a Dubai entity, which OFAC...

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