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

Supreme Court Grants Cert in Fuld v. PLO

Today, the U.S. Supreme Court granted certiorari in Fuld v. Palestinian Liberation Organization to decide whether the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the due process clause of the Fifth Amendment. For prior TLB coverage of Fuld, see here, here, here, here, and here. The PSJVTA purports to establish personal…

Continue Reading

Dubai Court Weighs in on U.S.-Iran Sanctions

Subject to certain exceptions, current U.S. sanctions law prohibits U.S. persons from supplying goods, technology, or services to Iran or its government. Consistent with these laws, U.S. insurers and reinsurers often include in their policies a Sanctions Clause, specifying they will not pay out on policies if doing so would violate U.S. sanctions laws. Such…

Continue Reading

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…

Continue Reading