Sanction Lawyers

Yes, lack of prior notification does not preclude a challenge and may strengthen it. Many sanctions regimes, particularly OFAC and EU measures, permit designation without advance notice based on concerns about asset flight. However, the European Court of Justice has repeatedly held that inadequate disclosure of reasons or evidence supporting designation violates fundamental rights of […]

The standard varies by regime but is generally lower than criminal proof. OFAC requires only ‘reason to believe’ based on credible evidence, while EU courts apply a ‘sufficiently solid factual basis’ test established in cases like Kadi II. The UK applies a ‘reasonable grounds to suspect’ threshold under the Sanctions and Anti-Money Laundering Act 2018. […]

Timelines vary significantly by jurisdiction and procedure. Administrative reviews before OFAC typically take 6–18 months, though complex cases extend longer. EU judicial challenges before the General Court average 18–30 months to judgment, with expedited procedures available in urgent cases. UK administrative review requests to OFSI should receive initial response within 28 days, but substantive reconsideration […]

No, each sanctions regime operates independently and requires separate challenge. Delisting from the EU Consolidated List does not affect OFAC SDN status, and vice versa. Even within the UN system, removal from Security Council lists does not automatically update national implementing measures. However, a successful delisting in one jurisdiction creates persuasive precedent and evidentiary material […]

Yes, secondary sanctions — primarily a US tool — target non-US persons for conducting otherwise lawful business with designated parties. Under programs like CAATSA and Iran secondary sanctions, foreign companies and individuals risk being cut off from the US financial system, losing correspondent banking relationships, or facing their own designation for ‘significant transactions’ with sanctioned […]

Designation typically triggers force majeure or illegality provisions in commercial contracts, potentially excusing non-performance by counterparties in sanctioning jurisdictions. Frozen assets cannot satisfy contractual obligations, and counterparties face criminal liability for continued dealings. However, wind-down periods — typically 30–90 days under OFAC general licences — may permit orderly conclusion of existing transactions. Specific licences can […]