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.
The Protecting Americans from Russian Litigation Act
In June 2020, Russia enacted the so-called Lugovoy Law, Article 248.1 of the Russian Arbitrazh Procedural Code, which allows Russian courts to assume exclusive jurisdiction over sanctioned persons, ignoring contractual choice-of-court and arbitration clauses. Article 248.2 authorizes anti-suit and anti-arbitration injunctions by Russian courts to enforce that exclusive jurisdiction. Article 248 has been invoked repeatedly in…
Continue ReadingHavlish v. Taliban: Second Circuit Denies Rehearing En Banc
As of Spring 2026, Afghan central bank assets blocked by the U.S. government remain unavailable to satisfy terrorism-related judgments. In March, a divided Second Circuit denied rehearing en banc to victims of terrorist attacks who hold judgments against the Taliban and who seek to enforce those judgments against $3.5 billion in “blocked” assets held in…
Continue ReadingWhen Are Frozen Assets “Blocked” Assets?
The U.S. government’s efforts to quash the attachment of Iranian assets by victims of state-sponsored terrorism have been rejected by the D.C. Circuit. In Estate of Levin v. Wells Fargo Bank, N.A., the court of appeals reversed Judge Boasberg’s decision in favor of the government, and apparently created a split with the Fifth and Seventh…
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


