China’s Anti-Foreign Sanctions Law (the “Law”), which was enacted and became effective on June 10, 2021, authorizes the Chinese government to develop an “anti-sanctions list” and to impose countermeasures on listed persons involved in “discriminatory restrictive measures.”  It also creates a private right of action for Chinese citizens and organizations to sue in a Chinese

On June 21, 2021, the United States, the EU, the UK, and Canada announced coordinated sanctions following the forced and unlawful landing of a Ryanair flight in Minsk and the detention by Belarusian authorities of journalist Raman Pratasevich and Sofia Sapega, in May 2021. The sanctions include new EU sectoral-style sanctions against certain sectors of the Belarusian economy, as well as targeted financial sanctions against dozens of individuals and entities in connection with alleged human rights violations and the violent repression of civil society, democratic opposition, and journalists in Belarus.

The new sanctions follow the reactivation, on June 3, 2021, of longstanding sanctions against nine Belarussian companies and their subsidiaries by the US Treasury Department’s Office of Foreign Assets Control (OFAC), as discussed in our April 20, 2021 blog post.


Continue Reading Belarus Faces New EU, US, UK, and Canadian Sanctions After Ryanair Flight Diverted

On May 18, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued an updated general license under Executive Order (EO) 13959 authorizing US persons to transact in publicly traded securities of entities whose names “closely match” the name of any company previously identified as a Communist Chinese military company (CCMC). The general license (now called General License No. 1B), which was due to expire on May 27, 2021, now expires on June 11, 2021.

For the time being, the restrictions under EO 13959 apply only to entities whose names appear on OFAC’s Non-SDN CCMC List as well as seven entities who are yet to be formally added to OFAC’s Non-SDN CCMC List but were identified by the Department of Defense on January 14, 2021.


Continue Reading OFAC Extends General License for “Close Name Matches” under Executive Order 13959 as Biden Administration Reviews Communist Chinese Military Company Sanctions

On April 21, 2021, the EU General Court rendered a judgement on an appeal against the retention of Aisha Qaddafi, the daughter of the late Colonel Muammar Qaddafi, on EU sanctions lists. The judgment confirms the case law according to which the EU Council may, in certain cases, have to produce additional proof to justify the listing of a person, even where this person has been previously designated in a Resolution of the UN Security Council.

Aisha Qaddafi was first listed by the EU in March 2011, shortly after her designation by the UN Security Council. Since then, the EU sanctions lists have been updated several times without any amendments to the listing of Ms. Qaddafi. The contested acts by which the listing of Ms. Qaddafi was maintained and which were adopted in 2017 and 2020, did not mention any new factors other those which had been put forward for the initial listing of her name in 2011. The stated reason for listing her under EU sanctions was the simple fact that she had been designated by the UN Security Council in 2011.


Continue Reading EU General Court lifts sanctions against daughter of Muammar Qaddafi

On April 19, 2021, the EU Council added two companies controlled by the Tatmadaw (Myanmar Armed Forces) as well as 10 individuals to its Myanmar sanctions list (see Council Decision (CFSP) 2021/639 and Council Regulation 2021/638). The EU Council designated these entities and individuals by relying on the extended designation criteria established by Council Decision (CFSP) 2021/482 and Council Regulation 2021/479 on March 22, 2021, which provide for the possibility to impose restrictive measures against those involved in activities undermining democracy and the rule of law in Myanmar, as well as against the economic interests of the Tatmadaw. The EU Council had already adopted sanctions against eleven individuals on March 22, 2021 (see our previous client alert).

The new listings include:

  • Myanmar Economic Holdings Public Company Limited (MEHL) and Myanmar Economic Corporation Limited (MEC) as they are owned and controlled by the Tatmadaw and generate revenue for the Tatmadaw.
  • U Chit Naing, Minister for Information and Chairman of the State Administrative Council. He is deemed responsible for junta propaganda and spreading disinformation through state media, as well as for decisions that led to the crackdown on Myanmar media.
  • Nine members of the State Administrative Council, that are considered to undermine democracy and the rule of law, and responsible for serious human rights violations. These include Mahn Nyein Maung; Thein Nyunt; Khin Maung Swe; Jeng Phang Naw Htaung; Maung Ha; Sai Long Hseng; Saw Daniel; Dr Banyar Aung Moe; and Aye Nu Sein (also Vice-chair of the Arakan National Party).


Continue Reading EU Imposes Additional Sanctions against Two Military-Controlled Companies and 10 Individuals in Relation to the Military Coup in Myanmar

On April 19, 2021, OFAC effectively reactivated longstanding sanctions against nine Belarussian companies and their subsidiaries, revoking a general license that had authorized transactions involving those entities since 2015.  These sanctions may impact a significant number of Belarussian companies, as several of the listed entities are large conglomerates.

US sanctions on Belarus were first imposed in 2006 under Executive Order 13405, with similar EU sanctions beginning in 2004, in response to concerns about the electoral process and human rights abuses in Belarus.  However, in 2015, OFAC had issued a general license broadly authorizing transactions with these nine companies and their subsidiaries, but without actually lifting the underlying sanctions.  This limited and conditional sanctions relief in 2015 was part of a coordinated US/EU policy brought about by an improved political and human rights climate in Belarus at the time.  Until now, this general license had regularly been extended since it was first issued in 2015 (as we previously discussed, along with a more detailed history of this sanctions program).


Continue Reading OFAC Reactivates Sanctions against Belarussian Companies and Provides 45-day Wind Down Period

On April 15, 2021, the White House and the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced a package of economic sanctions targeting Russia, including expansive new legal authorities that would allow for the imposition of additional future sanctions on Russia in the technology sector and on Russian government bodies.  OFAC has also issued expanded restrictions on participation in the primary market for Russian sovereign debt, and lending to the Russian government, by US financial institutions.  In addition, OFAC blocked nearly 40 additional individuals and entities for “attempt[ing] to influence the 2020 [US] presidential election” and engaging in certain activities in Crimea.  At the same time, the US Department of State announced the expulsion of 10 Russian diplomats.

The centerpiece of the package is Executive Order (“E.O.”) 14024, which, according to an OFAC press release, “elevates the [US] government’s capacity to deploy strategic and economically impactful sanctions to deter and respond to Russia’s destabilizing behavior.”  As the first significant Russia sanctions action by the Biden Administration, E.O. 14024 appears to have been intended to send a strong signal to Russia, but without taking action at this stage that would be highly or disproportionately economically damaging.  In taking this approach, it appears that the Administration has left open the possibility of an improvement in relations with Russia.  Indeed, these sanctions were preceded by President Biden’s April 13th proposal of a possible summit with President Putin to “discuss the full range of issues facing the United States and Russia.”


Continue Reading New Russia Sanctions Focused on the Technology Sector and Sovereign Debt Markets

In recent weeks, the EU, UK, and US have adopted sanctions against those allegedly involved in the military coup in Myanmar, along with those responsible for serious violations of human rights in overthrowing the democratically elected government or committing violence against protestors. The actions mark a sharp uptick in sanctions measures targeting Myanmar and suggest

On March 22, 2021, the EU, UK, US and Canada announced a range of coordinated sanctions to crack down on alleged serious human rights abuses in the Xinjiang Uyghur Autonomous Region (XUAR).  The coordinated announcements comprised measures of various types, including asset freezes and travel bans against individuals and entities alleged to be involved in serious human rights violations against Uyghurs and other minority groups in the XUAR.  The measures elicited the swift imposition of retaliatory sanctions by China against a group of EU individuals and institutions.

Continue Reading EU, UK, US and Canada Announce Coordinated Xinjiang Sanctions

Just three days before restrictions under Executive Order (EO) 13959 arising from Xiaomi Corporation’s designation by the US Department of Defense (DoD) as a Communist Chinese military company (CCMC) were to go into effect, on March 15, 2021, the US District Court for the District of Columbia granted Xiaomi’s request for a preliminary injunction order (the Court Order) against enforcement of the restrictions.

Following the Court Order, on March 14, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a new Frequently Asked Question (“FAQ”) confirming that, for now, US persons are not prohibited from transacting in publicly traded securities of Xiaomi under EO 13959. OFAC also published a new FAQ concerning the application of EO 13959 to Luokung Technology Corp., which is also designated as a CCMC.


Continue Reading OFAC FAQs Confirm the Suspension of the Restrictions on Xiaomi’s Securities Following District Court Injunction