The past several weeks at U.S. sanctions agencies have ranked among the busiest times in recent memory, especially at the Office of Foreign Assets Control, where some employees are working nearly nonstop to implement and enforce new sanctions against Russia, former officials said in interviews. While some former officials said the extra work could shift minor projects to the side, lawyers are concerned it could also delay more pressing agency priorities, including licensing requests.
OFAC
The Treasury Department's Office of Foreign Assets Control (OFAC) administers and enforces various economic and trade sanctions programs. It sanctions people and entities by adding them to the Specially Designated Nationals List, and it maintains several other restricted party lists, including the Non-SDN Chinese Military-Industrial Complex Companies List, which includes entities subject to certain investment restrictions.
The U.S. announced a set of new export controls and sanctions against Russia last week, including new restrictions on luxury goods and full blocking sanctions on Russian government officials and bank executives. The measures, outlined in a March 11 executive order, also include new banking and financing-related restrictions meant to further cut Russia’s economy off from the global financial system and target Russian oligarchs.
The U.S.’s new Russia export controls could lead to a short-term spike in license applications, but volumes will likely taper off later this year as businesses divest from Russia, said Nazak Nikakhtar, a former senior U.S. export control official.
The Office of Foreign Assets Control issued more sanctions on Russian elites and their families who "provide direct and indirect support to the Government of the Russian Federation" by identifying certain property of these persons as blocked. The designees include Alisher Burhanovich Usmanov, Nikolay Burhanovich Tokarev, Yevgeniy Prigozhin, and their families. The sanctions were done "in close coordination with the European Union, United Kingdom, Canada, Japan, the ROK, and Australia," according to the OFAC annoucement.
New sanctions on the Russian Central Bank, Ministry of Finance and two Russian investment funds announced Feb. 28 are the “most significant action” the Treasury Department has ever taken against an economy the size of Russia, said a senior administration official that day. “We're doing exactly what we said we’d do,” the official said during a call with reporters. “We said all options are on the table, including the most severe sanctions ever contemplated against Russia.”
The U.S. is imposing additional sanctions and new export controls following Russia's "further invasion of Ukraine," as promised by President Biden in his Feb. 22 speech (see 2202220003). The sanctions cover financial restrictions on Russian state-owned enterprises, banks, and individuals, while the export controls set restrictions on a variety of high-tech products. The new measures are part of an "unprecedented level of multilateral cooperation" according to the White House.
Akin Gump broadened its international trade practice with the addition of two former U.S. government officials and sanctions and export controls lawyers, the firm announced. Elyse Martin, former official at the Treasury Department's Office of Foreign Assets Control, and George Pence, former assistant U.S. attorney in the Central District of California, have joined the firm as senior counsel. While at OFAC, Martin served as the assistant director for Regulatory Affairs for two years and for over a year as chief of sanctions program implementation in the Sanctions Compliance and Evaluation Division, the firm said. As assistant U.S. attorney, Pence worked on investigations and prosecutions pertaining to export crimes, terrorism and other national security matters, it said.
The U.S. on Jan. 12 sanctioned seven people and one entity for helping to procure goods for North Korea’s weapons and missile programs. The Office of Foreign Assets Control sanctioned Russia-based North Korean national Choe Myong Hyon and four China-based North Korean weapons procurement officials: Sim Kwang Sok, Kim Song Hun, Kang Chol Hak and Pyon Kwang Chol. The State Department sanctioned North Korean national O Yong Ho, Russian national Roman Anatolyevich Alar and Russian entity Parsek LLC for helping to deliver weapons materials to North Korea. OFAC said the sanctions follow North Korea’s six missile launches since September, which violated U.N. Security Council resolutions.
The U.S. and the EU this week announced a coordinated set of sanctions against Nicaragua for the country’s “fraudulent” presidential elections that have kept the Daniel Ortega regime in power. The Office of Foreign Assets Control sanctioned six Nicaraguan government and military officials, and the EU sanctioned seven officials and three government entities. The U.S. and the EU announced the sanctions Jan. 10.
The Office of Foreign Assets Control imposed investment restrictions on SenseTime Group Ltd., a major Chinese technology company, and sanctioned 15 people and 10 other companies for human rights abuses, the agency said Dec. 10. SenseTime, which had prepared to price shares Dec. 10 in its initial public offering in Hong Kong, will now be subject to a U.S. investment ban and added to OFAC’s list of companies with ties to China’s military (see 2106030067).