The United States imposes a wide variety of economic sanctions on foreign individuals, foreign corporations, countries, terrorist organizations, and other entities. Sanctions are an increasingly important part of U.S. foreign policy and they play a significant role in the work of the United Nations, the European Union, and some other countries. Many sanctions do not give rise to litigation, but some do. Indeed, some sanctions legislation provides a cause of action, lifts foreign sovereign immunity, or otherwise makes it easier to sue sanctioned entities in the United States.
Sanctions related to terrorism generate a lot of litigation, so we have grouped the two topics together. Sanctions are imposed for many reasons other than terrorism, however, and some terrorism-related litigation is not a product of sanctions. Finally, sanctions are a controversial topic globally, in part because it is unclear that they are effective at changing behavior and in part because they often have negative consequences for marginalized communities in the countries subjected to sanctions, including countries like Afghanistan, Iran, and Venezuela.
District Court Denies Saudi Arabia’s Motion to Dismiss 9/11 Claims
On August 28, 2025, Judge George B. Daniels (Southern District of New York) denied the Kingdom of Saudi Arabia’s (KSA) motion to dismiss claims arising from the 9/11 terrorist attacks. In In re Terrorist Attacks on September 11, 2001, Judge Daniels concluded that the plaintiffs had presented sufficient evidence to establish an exception to KSA’s…
Continue ReadingTrump Administration Backs Helms-Burton Plaintiffs in Two CVSGs
Last week, the Solicitor General filed briefs recommending that the Supreme Court grant review in two cases under the Helms-Burton Act. Passed in 1996, Helms-Burton allows U.S. nationals who own claims to property expropriated by Cuba to sue any person who traffics in such property, potentially for three times the value of the claim. Under…
Continue ReadingPotential Impact of Recent Cartel Designations
On January 20, 2025, President Trump issued Executive Order (E.O.) 14157, directing the Secretary of State to designate international criminal organizations, including drug cartels, as Foreign Terrorist Organizations (FTOs) under the Immigration and Nationality Act (INA) and as Specially Designated Global Terrorists (SDGTs) under the International Emergency Economic Powers Act (IEEPA). On February 20, 2025,…
Continue ReadingIngrid (Wuerth) Brunk, Does Foreign Sovereign Immunity Apply to Sanctions on Central Banks?
Scott R. Anderson, What’s Happening with Afghanistan’s Assets?
Jamie L. Boucher, et al., The Potential Impact of Terrorism Lawsuits Under the Antiterrorism Act on Ordinary Corporate, Banking and Sovereign Enterprises