Sanctions and Terrorism

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.

Recent Posts

What Deference to the Executive in Halkbank Should Have Looked Like

As previously reported, the Second Circuit issued its opinion in United States v. Turkiye Halk Bankasi (Halkbank) on October 22, 2024, addressing the deference owed to the executive branch’s determination that Halkbank, a Turkish state-owned bank, is not immune from criminal prosecution for violating U.S. sanctions on Iran. Similar questions of deference to the executive…

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Eleventh Circuit Reverses Helms-Burton Judgments

On October 22, 2024, the U.S. Court of Appeals for the Eleventh Circuit overturned judgments of more than $100 million each against four U.S.-based cruise lines under the 1996 Helms-Burton Act. The decision is another example of just how difficult it has been for plaintiffs to recover under the act since President Trump allowed suits…

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Second Circuit Holds for the Government in Halkbank Remand

The U.S. Court of Appeals for the Second Circuit has issued its opinion in U.S. v. Turkiye Halk Bankasi (Halkbank) following the Supreme Court’s decision to remand the case for further consideration of common law immunity issues. The same panel of Second Circuit judges held for the government the first time it heard the case…

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