A Treasury Department spokesperson declined to say whether a decrease in sanctions settlements from 2019 to 2020 was due to issues caused by the COVID-19 pandemic, saying sanctions investigations are completed on a “variety of timelines.” The Treasury’s Office of Foreign Assets Control “takes its enforcement activities very seriously, and treats every matter with the care and due diligence that it deserves,” the spokesperson said in a Feb. 17 email. “These cases don’t always follow a set schedule, and we finalize cases when they’re ready and when we have all the facts and documentation necessary to draw the appropriate conclusion and finding.” The agency in 2019 settled 26 cases worth nearly $1.3 billion, compared with 16 cases totaling $23 million in 2020 (see 2102120061).
The United Nations special rapporteur for human rights called on the U.S., the European Union and other countries to lift their unilateral sanctions against Venezuela, saying the measures are disproportionately affecting innocent civilians, nongovernmental organizations and third-country companies. U.S. sanctions are having an especially “severe” impact, the official, Alena Douhan, said Feb. 12. The restrictions are impeding the flow of humanitarian aid as well as “necessary machinery” and essential goods such as electricity, water, fuel and food. “The devastating effect of sanctions imposed is multiplied by extra-territoriality and over-compliance adversely affecting” Venezuela, Douhan said, adding that she plans to issue a comprehensive report on the sanctions in September.
The Office of Foreign Assets Control deleted several designations, revoked five general licenses and removed three frequently asked questions from its website to reflect the State Department’s decision last week to revoke the terrorist designation of Ansarallah (see 2102100016). The changes, which took effect Feb. 16, rescinded several general licenses that authorized humanitarian-related trade and other transactions with Yemen and Ansarallah, the Iran-backed Houthi movement (see 2101250043 and 2101190016). OFAC clarified that U.S. people and companies no longer require OFAC authorization “to engage in transactions or activities with Ansarallah, provided such activities do not involve blocked persons or otherwise prohibited activities.”
Panama recently removed five tankers from its flag registry for “sanctions-evading practices,” Lloyd’s List reported Feb. 12. One tanker participated in illegal ship-to-ship transfers of Iranian crude oil, the report said, adding that an additional 17 tankers are being investigated for failing to transmit vessel-tracking signals. The U.S. and the United Kingdom both have issued guidance warning the maritime industry of illegal shipping practices involving trade with Iran, North Korea and other sanctioned countries, which may conduct illegal ship transfers and manipulate their vessels’ automatic identification systems (see 2007290019 and 2005140039).
In one of its first major decisions to reverse Trump administration-imposed sanctions, the State Department will revoke its terrorism designation of Ansarallah Feb. 16. The move, which reverses the designation of the Yemen-based group also known as Houthis as a Foreign Terrorist Organization, came after the State Department said it was reviewing the humanitarian implications of the designations. The Treasury Department's Office of Foreign Assets Control in January issued several general licenses and frequently asked questions to clarify that the sanctions wouldn't impact humanitarian exports to Yemen, including those sent by international organizations (see 2101190016 and 2101250043), but the State Department said the designation could still hamper some aid delivery.
European Union Vice President Josep Borrell plans to place or review sanctions on Russian and Myanmar officials, he announced Feb. 9 during a European Parliament debate. Borrell, who visited Moscow last week, said sanctions could be included in a European response to the jailing of Russian dissident Alexei Navalny, who was sentenced to three and a half years in prison Feb. 2. In another Feb. 9 speech, Borrell laid out his plans to consider imposing additional targeted sanctions on individuals and businesses owned by the Myanmar military for their involvement in the Feb. 1 military coup. He also announced his intention to assess the use of the Everything But Arms trade preferences.
After taking charge of its own financial sanctions regime after leaving the European Union, the United Kingdom will look to deepen engagement with the U.S., the EU and other close allies to bolster the effectiveness of its now-autonomous sanctions authorities. In a Feb. 4 blog post, the new head of the Office of Financial Sanctions Implementation, Giles Thomson, discussed how greater collaboration with key stakeholders in the public and private sectors will be key to ensure improved compliance. In the spirit of this renewed sense of public-private camaraderie, Thomson announced a targeted outreach on licensing in the spring to focus on the additions and applications OFSI is making.
The State Department will look to “immediately and robustly” reengage with the United Nations’ Human Rights Council after the Trump administration withdrew from the body in 2018, Secretary of State Antony Blinken said in a Feb. 8 statement. The council is “flawed,” but the U.S. can better push for change from within, he said. The UNHRC, which can make international sanctions recommendations, can help promote freedom and human rights around the world, Blinken said, and lead to more effective multilateral measures. He said the U.S. will return to the council in the “immediate term” as an observer with the ability to speak during negotiations and partner with other members to introduce resolutions. “The best way to improve the Council is to engage with it and its members in a principled fashion,” he said. “We strongly believe that when the United States engages constructively with the Council, in concert with our allies and friends, positive change is within reach.”
The International Court of Justice threw out U.S. objections to Iran's case against the U.S.'s extensive sanctions regime that say this case is outside the court's scope. In a Feb. 3 decision, the ICJ rejected the U.S. notions that the court didn't have jurisdiction over matters of trade or transactions between Iran and third countries and of the underlying treaty in which Iran staked its claim. Iran claims that the 2018 U.S. decision to reimpose sanctions violates the 1955 Treaty of Amity, Economic Relations and Consular Rights. It brought its case to the ICJ following President Donald Trump's decision to withdraw from the Joint Comprehensive Plan of Action and reimpose sanctions. The ICJ decision cannot be appealed and will lead to the court hearing Iran's main claim on the merits next.
A U.S. adhesive manufacturing company said it was issued a warning letter from the Treasury Department after disclosing potential violations of U.S. sanctions against Iran, according to the company’s Jan. 26 Securities and Exchange Commission filing. H.B. Fuller said customers of its subsidiaries in Turkey and India may have sold its hygiene products into Iran, which would have violated U.S. sanctions. The company said it disclosed the violations to the Office of Foreign Assets Control in 2018, and in December OFAC issued a cautionary letter with no penalty. H.B. Fuller said the transactions at the center of the potential violations represented less than 1% of the company’s 2018 net revenue.