![]() Further, the agencies administering the sanctions-primarily the Treasury's Office of Foreign Assets Control ("OFAC")-have great discretion in how they interpret the laws, and that discretion can significantly affect sanctions enforcement. sanctions are political creatures, and how strictly they are enforced often ebbs and flows with political developments. More so than most punitive laws, the U.S. ![]() Presidential administrations have great flexibility in how U.S. sanctions by executive order, administrative regulations, and interpretive guidance from Treasury regarding enforcement of the sanctions. The Obama Administration effectuated changes to the U.S. As discussed further below, the JCPOA is a multilateral plan of action pursuant to which, in return for various commitments from Iran, the United States and the other countries party to the JCPOA relaxed certain sanctions they had imposed on Iran. A recent example of this is the Joint Comprehensive Plan of Action ("JCPOA"), implemented in January 2016. sanctions can also be affected by international agreements. financial system, thereby providing a strong incentive to avoid the sanctionable activity. Many of these measures are designed to cut off access to the U.S. The ISA identifies a list of possible sanctions that the President can impose upon a determination that specific activity has taken place. The most prominent example of this is the Iran Sanctions Act ("ISA"), which imposed an entirely separate set of requirements and consequences that target the activities of non-U.S. In some instances, Congress has authorized or imposed sanctions by passing legislation, providing the President with additional tools to impose punitive measures or requiring the President to expand the scope of existing sanctions. financial institutions in particular must pay close attention to the risk of a violation as a result of transactions directly or indirectly connected to the U.S. In practice, the effect of such programs can be wider than only upon U.S. persons in order to exert economic pressure on countries, governments, individuals, and entities that have been deemed a threat to U.S. ![]() These country-based and activity-based sanctions programs are designed to restrict the activities of U.S. Otherwise, activity-based sanctions programs are often implemented through the same executive order structure as country-based programs. Pursuant to executive orders, Treasury issues regulations that define the contours and procedures relevant to each specific program.Īlthough activity-based sanctions programs may be implemented through IEEPA or TWEA, they can also be authorized by other statutes, such as the Foreign Narcotics Kingpin Designation Act, that impose unique, program-specific requirements. The department primarily responsible for administering the President's sanctions directives is the Department of the Treasury ("Treasury"). These executive orders also often direct departments and agencies to issue regulations to govern and administer the President's directives. The President exercises this power by issuing executive orders that declare national emergencies and direct that certain actions be taken as a result, such as blocking property or imposing restrictions on imports, exports, and transactions in general. These statutes give the President continuing authority to impose sanctions to deal with declared threats. ("IEEPA"), and the Trading With the Enemy Act, 12 U.S.C. sanctions and embargoes are authorized under two statutes-the International Emergency Economic Powers Act, 50 U.S.C. country- and activity-based sanctions and embargoes are authorized and implemented through an array of statutes, regulations, and executive orders. This White Paper analyzes some of the more prominent statements from and issues facing the Trump Administration in the areas of sanctions and export controls and discusses the major factors that will shape the Administration's efforts. Based on publicly announced policy positions, including a possible rollback of the recent easing of sanctions involving Iran and Cuba, the Trump Administration is poised to make potentially significant changes in these areas. sanctions and national security as central issues for the Trump Administration. President Trump and Republican leaders in Congress have identified U.S.
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