General Note on "Sectoral Sanctions" and Determinations Made Pursuant to EOs Providing for the Blocking of Persons Determined to "Operate In" a Certain Sector (System Ed. Note)

Last substantive commentary amendment:
Oct. 15 2023

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TURBOFAC Commentary (4604 words)

General Note on "Sectoral Sanctions" and Determinations Made Pursuant to EOs Providing for the Blocking of Persons Determined to "Operate In" a Certain Sector (System Ed. Note)

[Note: for all “quasi secondary sanctions” enforcement actions notable designation notices based on “operating in” designation criteria, click this link. For all items categorized as relevant to the scope and operation of the EO 14024 Russia-related “operating in” designation criteria, click this link.]


A relatively recent feature of some otherwise standard, country-focused blocking EOs is that they provide for the blocking of persons determined to "operate in" a given sector or sectors of a target country. This note explains how, as a practical matter, the administration and application of these similarly worded provisions can differ radically across the programs in which they are found.

1) BACKGROUND; EOs CONTAINING AN "OPERATING IN" BLOCKING PROVISION

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