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1190. Do U.S. sanctions target persons for engaging in political speech, religious practice, or other constitutionally protected activities?
OFAC does not sanction persons for their engagement in activities subject to U.S. constitutional protection, such as protected speech or religious practice or for their religious beliefs; nor do U.S. persons violate OFAC sanctions for engaging in such constitutionally protected activity. Furthermore, additional limitations and authorizations are in place to ensure that U.S. sanctions do not restrict the exchange of information or informational materials, or personal communication. The majority of OFAC sanctions programs are promulgated pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., which limits the authority to “regulate or prohibit, directly or indirectly . . . any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value . . . or, the importation from any country,...
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1) As discussed at length in the comments to Jul 3/Jun 5, 2024 Informal West Bank-Related Guidance and Comments on Related Litigation, the impetus for this unusual FAQ appears to be the August 6, 2024 complaint in Texans for Israel v. U.S. Department of the Treasury (N.D. Tex. 2024) (litigation alleging the implementation of West Bank-related EO 14115 violates the First Amendment freedom of speech and free exercise clauses).
2) From a substantive perspective as it relates to the threshold question of whether and when IEEPA exemptions apply, this FAQ is notable for OFAC’s acknowledgement of the applicability of IEEPA exemptions in a way that should convey, to those otherwise not aware, that the exemptions apply to IEEPA-based programs even if such programs are not yet associated with regulations or are associated...