General Note on "Import Exceptions" in Certain Program-Specific Sanctions Statutes (System Ed. Note)

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TURBOFAC Commentary (4106 words)

General Note on "Import Exceptions" in Certain Program-Specific Sanctions Statutes (System Ed. Note)

1) BACKGROUND

Starting with IFCA in 2013, a feature of that statute and the overwhelming majority of all blocking-related sanctions statutes issued since then is that it provides for an "exception" for imports.

Section 1244(c)(1)(B) of IFCA, a secondary sanctions statute providing for IEEPA-style asset blocking in certain circumstances, provides that:

"The requirement to block and prohibit all transactions in all property and interests in property [ ] shall not include the authority to impose sanctions on the importation of goods."

Similar provisions are found in, e.g., Sec. 1263(b)(2)(C) of the Global Magnitsky Human Rights Accountability Act; Sec 5. (c)(3) of the Nicaragua Human Rights and Anticorruption Act of 2018; Sec. 5(b)(3) of the Venezuela Defense of Human...