Sanctions

Selection of sanctions, embargoes, restrictive measures and citations of respective descriptions

United Nations

According to the Charter of the United Nations, Chapter VII, the Security Council of the UN can take enforcement measures to maintain or restore international peace and security. Measures can be economic sanctions or other sanctions not involving the use of armed force to international military action; they might include economic and trade sanctions or targeted measures such as arms embargoes, travel bans, financial or diplomatic restrictions.

The use of mandatory sanctions is intended to apply pressure on a State or entity to comply with the objectives set by the Security Council without resorting to the use of force.

Detailed information on each sanctions committee, including relevant measures, lists, Committee Guidelines and comprehensive documentation, including official documents and Press Releases, is available on the United Nations website.
UN Security Council Sanctions Committees

 

European Union

Sanctions or restrictive measures are imposed by the EU either on an autonomous EU basis or implementing binding Resolutions of the Security Council of the United Nations.
Restrictive measures in force

EU Financial Sanctions
The European Union publishes the “Consolidated list of persons, groups and entities subject to EU financial sanctions”; these names are subject to Common Foreign & Security Policy (CFSP) related financial sanctions (freezing of funds or economic resources, prohibition on financial transactions, restrictions on export credits or investment).
This list is published by the European Commission and set up by the EU Credit Sector Federations (European Banking Federation, European Savings Banks Group, European Association of Co-operative Banks and European Association of Public Banks). Economic and financial restrictive measures, including targeted financial sanctions, have to be applied by all persons and entities doing business in the EU, including nationals of non-EU countries, and also by EU nationals and entities incorporated or constituted under the law of an EU Member States when doing business outside the EU.
Consolidated list of persons, groups and entities subject to EU financial sanctions

Council Regulations concerning sanctions and restrictive measures are published in the Official Journal of the European Union.
Official Journal of the European Union

 

Switzerland

The Federal Act on the Implementation of International Sanctions (Embargo Act) forms the legal basis for the implementation of sanctions imposed by Switzerland. The Embargo Act is a framework legislation that regulates general matters (aim, scope of authority, duty of disclosure, supervision of compliance, data protection, administrative and legal assistance, rights of appeal, criminal provisions). Specific measures such as those taken in relation to a particular state or regime are issued in separate ordinances based on the Embargo Act. Prior to this Act coming into force, sanctions were based directly on provisions of the Federal Constitution (Art. 184 Abs.3). The Confederation may enact compulsory measures in order to implement sanctions that have been ordered by the United Nations Organisation (UN), by the Organisation for Security and Cooperation in Europe (OSCE) or by Switzerland’s most significant trading partners and which serve to secure compliance with international law, and in particular the respect of human rights.

The right is reserved for the Federal Council to take measures to safeguard the interests of the country in accordance with Article 184 paragraph 3 of the Federal Constitution. Compulsory measures may in particular:a) directly or indirectly restrict transactions involving goods and services, payment and capital transfers, and the movement of persons, as well as scientific, technological and cultural exchange, b)include prohibitions, licensing and reporting obligations as well as other restrictions of rights.

Implementation of ordinances of the Federal Council:

State Secretariat for Economic Affairs (SECO)

The Federal Council has the authority to enact compulsory measures. It may stipulate exceptions in order to support humanitarian activities or to safeguard Swiss interests. The Federal Council may stipulate exceptions in accordance with paragraph above, in particular for the provision of food supplies, medicines and therapeutic products for humanitarian purposes. The compulsory measures are enacted in the form of ordinances.

These ordinances on sanctions are implemented by the State Secretariat for Economic Affairs (SECO). The names of individuals, legal entities, groups and companies affected are given in the annexes to the relevant ordinance. In addition to other sanctions, some ordinances (to be consulted case by case) also impose a duty to notify the State Secretariat for Economic Affairs (SECO) about the financial assets of individuals, legal entities, organisations or groups affected and freeze any assets transferred or held in Switzerland belonging to them. Notifying SECO does not release a financial intermediary from the duty to notify the Money Laundering Reporting Office Switzerland pursuant to Art. 9 of the Anti-Money Laundering Act (AMLA).
Overview of sanctions (SECO)
SECO list of sanctioned persons, entities and organizations

Federal Department of Foreign Affairs (FDFA)

The Federal Council has the authority to enact compulsory measures. The compulsory measures are enacted in the form of ordinances.

These ordinances on sanctions are implemented by the State Secretariat for Economic Affairs (SECO) and in some cases have been implemented by the Federal Department of Foreign Affairs (FDFA) of Switzerland.

Examples are  the ordinance of the Federal Council of the 2nd of February 2011 regarding measures against certain individuals from the Arab Republic of Egypt, modified with ordinance of the Federal Department of Foreign Affairs of the 16th of February 2011 and subsequent dates, and the ordinance of the Federal Council of the 19th of January 2011 regarding measures against certain individuals from Tunisia, modified with ordinance of the Federal Department of Foreign Affairs of the 28th of January 2011 and subsequent dates)
Extraordinary Publications


United States of America

Office of Foreign Assets Control (OFAC)

The OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under the President’s wartime and national emergency powers, as well as under authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.

All U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches. In the cases of certain programs, such as those regarding Cuba and North Korea, all foreign subsidiaries owned or controlled by U.S. companies also must comply. Certain programs also require foreign persons in possession of U.S. origin goods to comply.
Sanctions Programs and Country Information

OFAC SDN List
The Specially Designated Nationals (SDN) list is a publication of the OFAC. As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Such individuals and companies are called “Specially Designated Nationals” or “SDNs”; their assets are blocked and U.S. persons are generally prohibited from dealing with them.
Specially Designated Nationals List (SDN)

OFAC Consolidated Sanctions ListConsolidated Sanctions List Data Files
According to their own website “In order to make it easier to comply with OFAC’s sanctions regulations, the office is now offering all of its non-SDN sanctions lists (including the Non-SDN, Palestinian Legislative Council List “NS-PLC List”, the Part 561 List, the Non-SDN Iran Sanctions Act List “NS-ISA List”, the Foreign Sanctions Evaders List “FSE List”, and the Sectoral Sanctions Identifications List “SSI List”) in a consolidated set of data files “the Consolidated Sanctions List”.”
OFAC Consolidated Sanctions List

Included in the OFAC Consolidated Sanctions List Data Files:

  • Foreign Sanctions Evaders (FSE) List
  • Sectoral Sanctions Identifications (SSI) List
  • Palestinian Legislative Council (NS-PLC) list
  • The List of Foreign Financial Institutions Subject to Part 561 (the Part 561 List)
  • Non-SDN Iranian Sanctions Act (NS-ISA) List

OFAC List of Foreign Sanctions Evaders (FSE)
The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury publishes a list of foreign individuals and entities determined to have violated, attempted to violate, conspired to violate, or caused a violation of U.S. sanctions on Syria or Iran. It also lists foreign persons who have facilitated deceptive transactions for or on behalf of persons subject to U.S. sanctions. Such individuals and companies are called “Foreign Sanctions Evaders” or “FSEs”; transactions by U.S. persons or within the United States involving FSEs are prohibited. The FSE List is not part of the Specially Designated Nationals (SDN) List; individuals and companies on the FSE List may also appear on the SDN List.
Foreign Sanctions Evaders List

OFAC Sectoral Sanctions Identifications (SSI) List​​
The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury publishes a list to identify persons operating in sectors of the Russian economy identified by the Secretary of the Treasury pursuant to Executive Order 13662. Directives found within the list describe prohibitions on dealings with the persons identified. This list is not part of the Specially Designated Nationals (SDN) List; individuals and companies on the SSI List may also appear on the SDN List.
Sectoral Sanctions Identifications (SSI) List

OFAC Palestinian Legislative Council (NS-PLC) list
The Palestinian Legislative Council (PLC) List is published by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. It is listed as a non-SDN list associated with anti-terrorism programs.
The OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under the President’s wartime and national emergency powers, as well as under authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.
The individuals in the list are PLC members who were elected on the party slate of an FTO, SDT, or SDGT. They do not, however, appear on the SDN List. As indicated on the relative OFAC website, transactions involving these individuals must be rejected.
Section (b) of General License 4 issued pursuant to the Global Terrorism Sanctions Regulations (31 C.F.R. Part 594), the Terrorism Sanctions Regulations (31 C.F.R. Part 595), and the Foreign Terrorist Organizations Sanctions Regulations (31 C.F.R. Part 597) authorizes U.S. financial institutions to reject transactions with members of the Palestinian Legislative Council (PLC) who were elected to the PLC on the party slate of Hamas, or any other Foreign Terrorist Organization (FTO), Specially Designated Terrorist (SDT), or Specially Designated Global Terrorist (SDGT), provided that any such individuals are not named on OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). All U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches. In the cases of certain programs, such as those regarding Cuba and North Korea, all foreign subsidiaries owned or controlled by U.S. companies also must comply. Certain programs also require foreign persons in possession of U.S. origin goods to comply.
Palestinian Legislative Council (PLC) List

OFAC List of Foreign Financial Institutions Subject to Part 561 (the Part 561 List)
The list provides notice of actions by OFAC with respect to foreign financial institutions subject to 31 C.F.R. Part 561 to assist the public in complying with the Iranian Financial Sanctions Regulations, 31 C.F.R. Part 561 (the “IFSR”).
The List of Foreign Financial Institutions Subject to Part 561

OFAC Non-SDN Iranian Sanctions Act (NS-ISA) List
Additional sanctions list published by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury
Non-SDN Iranian Sanctions Act List

FinCEN

FinCEN is a bureau of the U.S. Department of the Treasury. The Director of FinCEN is appointed by the Secretary of the Treasury and reports to the Treasury Under Secretary for Terrorism and Financial Intelligence. FinCEN’s mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.
FinCEN serves as the FIU for the United States and is one of more than 100 FIUs making up the Egmont Group, an international entity focused on information sharing and cooperation among FIUs.

Section 311 – Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern.
FinCEN publishes a list with reference to section Section 311 of the USA PATRIOT Act “Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern”.
Section 311 allows for identifying customers using correspondent accounts, including obtaining information comparable to information obtained on domestic customers and prohibiting or imposing conditions on the opening or maintaining in the U.S. of correspondent or payable-through accounts for a foreign banking institution.
Section 311: Special Measures

 

This text is neither a legal advice nor legally binding; there is no guarantee for completeness. Please consult the original sources and relevant authorities.