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

Serving Foreign Defendants’ U.S. Counsel to Avoid the Hague Service Convention

Plaintiffs are sometimes frustrated trying to serve process on foreign defendants through the Hague Service Convention. Sometimes, they ask federal district courts to authorize service by email as an alternative means. The problem with this, as Maggie Gardner and I have explained in detail, is that that the means of service provided in the Convention…

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Second Circuit Expands Scope of Anti-Terrorism Act Suits Against Foreign States

On February 4, 2025, in Schansman v. Sberbank, the U.S. Court of Appeals for the Second Circuit ruled that foreign states and their agencies and instrumentalities may be sued under the Anti-Terrorism Act (ATA) for acts of international terrorism, provided that one of the enumerated exceptions to sovereign immunity in the Foreign Sovereign Immunities Act…

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Choice of Law in Terrorism Cases in the District of Columbia

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia (DDC)? Some version of this choice-of-law question has been presented to the DDC many times over the past two decades….

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