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Sanctions Round Up

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Sanctions Round Up 06 Jul 2017 Sanctions Roundup: First Half of 2017 The first six months of the Trump Administration saw several notable developments for US sanctions, with particular implications for Russia, Iran, and North Korea. The Administration also declared a shift in US policy toward Cuba. Meanwhile, OFAC concluded a major enforcement effort against the Chinese firm ZTE, imposing the largest fine on record against a non-financial entity. TABLE OF CONTENTS Page Russia............................................................................................................................................................................. 2 Senate Bill Proposing New Russia Sanctions Faces Uncertain Fate ................................................ 2 Other Russia Sanctions Developments and Designations........................................................................ 5 Trump Administration Rejects Exxon Request for Exemption From Russia Sanctions ......... 5 Ukraine-Related Designations ........................................................................................................................ 5 Magnitsky Act ........................................................................................................................................................ 5 Iran ................................................................................................................................................................................. 6 Amid Tensions, US Continues to Honor Nuclear Deal .......................................................................... 6 US Senate Passes Bill Proposing Additional Iran Sanctions ............................................................... 7 New Iran Designations....................................................................................................................................... 7 Cuba ................................................................................................................................................................................ 8 President Trump Announces a Partial Reversal of Obama Administration’s Cuba Policies. 8 North Korea................................................................................................................................................................. 9 House Proposes Additional Legislative Sanctions ................................................................................. 9 OFAC Continues North Korean Sanctions ............................................................................................... 10 Sudan .......................................................................................................................................................................... 11 Syria............................................................................................................................................................................. 12 Venezuela .................................................................................................................................................................. 13 Enforcement Actions ............................................................................................................................................ 14 ZTE .......................................................................................................................................................................... 14 Other Enforcement Actions .......................................................................................................................... 15 Counter-Terrorism Designations .................................................................................................................... 17 OFAC Targets Narcotics Traffickers, Including Venezuelan Vice President.................................. 20 Other Notable Developments ........................................................................................................................... 22 Recent Decisions May Impact OFAC Enforcement Practices .......................................................... 22 B Whale Corporation ....................................................................................................................................... 22 Russia Senate Bill Proposing New Russia Sanctions Faces Uncertain Fate On June 14, the US Senate passed a bill proposing to codify and strengthen existing sanctions, and to add new sanctions, against the Russian Federation in response to its apparent meddling in last year’s US presidential election, as well as its continued activities in Ukraine and Syria. The measure received bipartisan support (passing by a 97–2 vote) demonstrating a strong political appetite in the US to take retributive action against Moscow. It further reflects a continuing assertion by Congress of its having a role in managing sanctions policy, often accompanied (as in previous Iran sanctions laws passed under previous Administrations) by a concern that the Executive will not take or maintain sufficiently strong action. This Senate measure is not yet law. The bill must still be approved by the House of Representatives and signed by the President before it has legal effect, and there remains significant uncertainty as to the final form any such measure would take. Before the Senate vote, the Trump Administration objected to the new legislative sanctions, preferring the “flexibility to turn the heat up when we need to, but also to ensure that we have the ability to maintain a constructive dialogue,” according to Secretary of State Rex Tillerson. In response to potential delays arising from the House Republican leadership that the Senate bill was inadmissible because it purportedly violated the US constitutional provision requiring that all revenue-raising bills originate in the House, on June 22nd, the Senate sent a revised bill to the House (this time passing by a 98–2 margin) correcting that alleged flaw. The House will presumably now take up the bill when it returns from its July 4th recess. However, the US domestic political situation may hinder President Trump’s ability to fend off new legislative sanctions permanently. The President faces increased domestic pressure to take a tough stance toward Russia in light of a current investigation of alleged ties between Moscow and members of his 2016 campaign staff. Despite receiving broad support in the US, the measure prompted a backlash from some European states, especially in regard to its apparent targeting of the Nord Stream 2 project (the offshore natural gas pipeline that would double energy exports from Russia to Germany, expected to begin construction next year), which critics considered an attempt to protect US liquefied natural gas exports. With regard to the Nord Stream project, the bill does not impose mandatory sanctions, but explicitly provides the President with discretion to impose secondary sanctions against non-US persons that make investments in, or otherwise support, the construction of Russia’s energy export pipelines. (More specific information on this provision is below.) In a joint statement, 2 the governments of Germany and Austria indicated that the potential US sanctions had brought a “new and very negative” quality to US-Europe relations and that the two countries would consider retaliatory measures should the US attempt to punish European companies supporting the project. More broadly, the Senate measure indicates a break from the recent tradition of strong cooperation between the EU and US concerning Russian sanctions. While political support for Russian sanctions appears to be waning in the EU, the proposed law takes the opposite course. Indeed, in addition to the proposals outlined below, the Senate bill hints at the possibility of even more drastic sanctions in the future. For example, the bill instructs the Treasury Department to examine and report “[t]he likely effects of imposing debt and equity restrictions on Russian parastatal entities,” “the anticipated effects of adding Russian parastatal entities to the list of specially designated nationals,” and “the potential effects of expanding sanctions . to include [Russian] sovereign debt and the full range of derivative products.” In relevant part, the Senate bill would have the following effects: . Codify existing US sanctions – by adopting existing sanctions against Russia into law, Congress would remove the President’s ability to lift those sanctions unilaterally. Specifically, the bill would require President Trump to submit a report to Congress requesting permission to remove any sanctions, including the various Russia-related executive orders signed during the Obama Administration. Strengthen existing sectoral sanctions – Executive Order 13662 (signed March 20, 2014) imposes limited sanctions on various entities operating in Russia’s financial, energy, and defense sectors. The Treasury Department implemented E.O. 13662 by issuing four “Directives” applicable to certain listed entities, including major Russian banks, energy companies, and defense manufacturers. (For more information, see Shearman & Sterling’s Sanctions Roundup for Q3 2014.) The Senate bill strengthens these sectoral sanctions by: . Adding new sectors (railway and shipping) subject to sanctions under E.O. 13662. Tightening certain debt-financing transactions: Directive 1 (applying to Russia’s financial sector) and Directive 2 (applying to Russia’s energy sector) prohibit US persons from transacting in a
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