Search: extraterritorial sanctions

...against foreign companies has been so prominent as to gain the attention of main-stream media such as the New York Times in this story. In short, while the above FCPA enforcement actions against foreign actors (and several other examples could also be cited) did not rely on extraterritorial jurisdiction – because indeed there is none under the FCPA as to foreign actors – they did rely on what I’ve called de facto extraterritorial jurisdiction given the scant connection the bribery schemes had to the U.S. It is here where the...

...begging. A treaty can govern both territorial and extraterritorial matters. According to SCOTUS, federal statutes generally cannot govern extraterritorial matters because this would violate international law's comity presumption against the extraterritorial effect of national legislation. The only way federal statutes can have extraterritorial effect is if international law (e.g., a treaty) allows it. Therefore, the authority of a federal statute to have extraterritorial effect is based on international law (e.g., a treaty). Treaties, on the other hand, do not rely on the authority of federal statutory law to have territorial...

...those risks—like the risks entailed in the very similar terrorism-related sanctions regime—are minimal. Professor Guymon argues that rather than dismissing nonproliferation sanctions based on their perceived lack of effect in achieving the desired change in behavior by proliferators, the United States and the international community must maintain nonproliferation sanctions because these sanctions protect the integrity of the national and global systems and actors within the jurisdictions imposing them. By distancing themselves from proliferators and their supporters, the United States, other countries, as well as voluntary private actors, seek to avoid...

...would undertake the following voluntary measures: Pause efforts to further reduce Iran’s crude oil sales, enabling Iran’s current customers to purchase their current average amounts of crude oil. Enable the repatriation of an agreed amount of revenue held abroad. For such oil sales, suspend the EU and U.S. sanctions on associated insurance and transportation services. Suspend U.S. and EU sanctions on: Iran’s petrochemical exports, as well as sanctions on associated services.5 Gold and precious metals, as well as sanctions on associated services. · Suspend U.S. sanctions on Iran’s auto industry,...

...as “why widespread protest against forged elections in Venezuela, Syria and many other countries around the world have not succeeded”? They implicitly suggest that some nations are not brave enough to pay the price for freedom. Some policy-makers also address the issue by referring to inadequacy of internal or international pressures on a nation. In this regard, the tough economic sanctions imposed on states like Iran, North Korea, and Venezuela is essentially based on an optimistic premise that sanctions would make life harder for the people and eventually lead them...

...should be no US interest in furthering impunity. Problem 3:  The claim that it is in US interests to implement sanctions against Court staff The Order imposes potential sanctions freezing “all property and interests in property that are in the US” of “foreign persons” who “directly engaged in any effort by the ICC to investigate, arrest, detain, or prosecute any US personnel” or nationals of “an ally of the United States” without the consent of that country.  (Section 1, (a)(i)(A)-(B).)  (Given past US Government statements and recent reporting, the “ally”...

...the violence, the medium-term Western response may be sanctions against Ukraine, particularly targeting the assets of President Yanukovich and his allies. But, hanging over all of this like the sword of Damocles is the concern over the stability of the Ukrainian state. The previous Opinio Juris posts, the BBC report linked-to above, and others have noted the sharp electoral and linguistic (Ukraine-speaking/ Russian speaking) divide between western Ukraine and eastern Ukraine. Some have voiced concern that Ukraine faces a possible civil war or a break-up of the country. Edward Lucas...

to such a degree that they were a matter of concern to the international community. By December 2016, the situation between Ukraine and Russia was recognized by the UN General Assembly as involving armed conflict. Further evidence of the gravity of the situation is the fact that, since 2014, a number of countries have imposed sanctions against Russia in connection with this situation. The panel drew from UN General Assembly Resolution 68/262 and UN General Assembly Resolution 71/205, as well as Russian sanctions imposed on the United States, EU Member...

Call for Papers Two-day international conference on secondary sanctions: On Thursday 2 and Friday 3 December 2021, the Ghent Rolin-Jaequemyns International Law Institute (GRILI) and the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) will host a two-day international conference on secondary sanctions. The conference seeks to explore both the international legal framework governing such sanctions and the potential remedies to challenge them, as well as how these measures may shape the international legal order. The conference will feature separate panels devoted to discuss the impact of secondary sanctions;...

...hold for the institution now that she is departing, which is significant rule of law problem. The issue was extensively discussed at a recent conference on UN Sanctions at Leiden University in the Netherlands. The program is available under the committee documents tab here. In addition to the fragility of this institution, its exclusivity was discussed in detail. The Ombudsperson’s Office has jurisdiction to review and delist individuals on the Al Qaida sanctions lists, but individuals and entities on the 15 other sanctions lists do not have access to this...

...final, full lifting of all multilateral and unilateral sanctions is set to occur on “Transition Day,” which is defined as 8 years from “Adoption Day,” or when the IAEA reports that all nuclear material in Iran is in peaceful use, whichever is earlier. So the JCPOA envisions a full lifting of all nuclear-related sanctions on Iran within the next eight years at a maximum, with significant sanctions lifting to occur hopefully within the coming year. There are a number of important legal observations to make about the JCPOA text. I’ll...

of the challenges to UN lawmaking that became very apparent to me during my recent sabbatical study of UN sanctions is that the UN system doesn’t offer many ways to resolve ambiguities in interpretation and implementation. UN sanctions on North Korea, for example, ban luxury goods, but the resolution did not contain a definition of what a luxury good is. Some clarification was provided in a later Security Council resolution issues in March of 2013, some six years later, see this resolution, but this followed a long period of debate...