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Sanctions: What it really means?

Find out more about the sanctions:

This panel in depth

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During this webinar, the panellists will discuss the US sanctions in greater detail based on their remarkable success cases. The panel elaborates on the situations of Iran, Russia, Venezuela, Cuba.

Legal Aspects of Discrimination Under the US Sanctions

Mon, 28 June 2021 

London 18:00 | Paris 19:00 | Tehran 21:30

Washington 13:00 | Vancouver 10:00 | Cuba 13:00

Moscow 20:00 | Caracas 13:00

Who will be presenting‌ ‌this‌ ‌webinar?

  • Direct and indirect impacts of the US sanctions on businesses and individuals 
  • How will the sanctions be applied to governmental and non-governmental organizations? 
  • What is the best way to restore blocked bank accounts caused by the US sanctions?

Managing Partner at Blackstone Solicitors

How sanctions are implied by government?

How does a sanction case become a winning one?

Senior Partner at Zaiwalla & Co

How non-US companies and individuals are affected by the US sanctions

Founder of Ferrari & Associates

Discrimination claims; the blocking regulation and closure of Iranian bank accounts

Partner at AxiomDWFM

Bank Account Closure is a Discriminatory Act

Unintended Consequences of Multilateral Sanctions in Libya, 2011 – 2017

Humanitarian Aid: Iranian-Americans & COVID-19

Ask your Questions in Advance

Frequently Asked Questions about the US sanctions:

1. Can binational / multinational persons be subjects of sanctions?

According to the law of sanctions, sanctions can freeze the assets of certain people/companies, but sanctions on individuals related to the sources of financial or banking activity of those individuals.
Ultimately, there is an example of sanctions on the multinational corporation: the Treasury Department imposed sanctions against the Iranian Venezuelan Bi-National Bank (IVBB).
IVBB was designated under E.O. 13382, which targets proliferates of weapons of mass destruction (WMD) and their supporters for engaging in financial transactions on behalf of the previously sanctioned Export Development Bank of Iran (EDBI)

  • Zaiwalla & Co is one of the leading law firms, giving legal advice to individuals and businesses on complex cases, including the sanctions. Mr Sarosh Zaiwalla and his colleagues represent clients before the UK and EU courts in challenging restrictive measures wrongly applied to them. 
  • As their success cases, Bank Mellat’s damages claim for $1.6 bn against the UK Treasury, representing Bank Tejarat of Iran in challenging the sanctions imposed by the Council of the European Union and Deutsche Bank AG v Central Bank of Venezuela & Ors can be mentioned.
  • Mr. Erich Ferrari is a well-known sanction attorney. He assists his clients with the US trade sanctions and federal criminal defense. The issues arising before the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) are his main focus. 
  • Mr. Ferrari’s clients fall into one of three areas: they are on one of the sanction lists; they need representation after dealing with embargoed countries, or they want to navigate a policy. The Zarrab case is among the famous cases he has worked on. 
  • As the managing director of Blackstone Solicitors, Ms Nawaz mainly works on the sanctions, banking and trade cases related to Iran and has won many cases in this regard. 
  • Her law firm has successfully represented clients who have suffered from mistaken account closure. An Iranian student’s case against the Royal Bank of Scotland (RBS) is one of these cases. 
  • Mr Sharokh Koussari represents a broad range of UK and overseas corporate clients. He is also on the advisory board of Goal UK. 
  • Sharokh has represented several Iranians in London courts on their bank account closure matters against the UK banks. In addition, he regularly advises clients tactically in contentious situations intending to achieve preferred results.

2. Could sanction be used to avoid paying debt?

This is accepted in both public and private international law that no debt should remain unpaid. So sanctions could not be an excuse to avoid paying debts. This is applicable in both sides of sanctions, as well as third parties.
A significant barrier to pay debts is when the banking or financial system of a sanctioned party is locked. This does not make the debt disappear; however, it makes it difficult, even sometimes impossible, to pay. Obviously, as soon as the barrier vanishes, the debts should be paid. In some cases, the delay would be compensated.

3. Is this possible for the U.S. authorities to punish violators of the U.S. sanctions law outside the U.S.?

Usually, the criminal jurisdiction of states is limited to their territory or the lands they have somehow control on. The jurisdiction could be extended based on the crimes outside of their territory, which has an influence on their integrity or national security. However, the other states have authority over their territories.
In such cases, if one commits such crime outside of the U.S. territory, after entering the U.S., could be prosecuted. Another possibility is when the U.S. state has an extradition agreement with another state. Sure, political reasons may often interfere with these legal arguments.

4. Is it legal to seize a ship or a plane that belongs to a sanctioned country?

It depends on what has been sanctioned. In some sanctions based upon the United Nations Security Council, it is explicit that vessels and aeroplanes under a certain flag could be inspected or even seized by the other states. For example, ships and planes under the Iranian flag could be inspected by the other states, regarding the United Nations Security Council Resolution 1803 (lifted after the Joint Comprehensive Plan of Action). The United Nations Security Council has a long arm, due to its authorities, to protect peace and security worldwide. Individual states can not enjoy such authorities.
Another possibility is when a vessel under the flag of a sanctioned state passes through the state's territorial waters, which imposes the sanction. In some cases, the coastal state may implement their jurisdiction, which must be considered upon a case by case review.

5. Could it be legal to provide after-sales services to sanctioned countries' citizens?

According to OFAC (Office of Foreign Assets Control) regulations, any financial relations with countries that are subjected to sanctions are illegal; furthermore, it's accused by OFAC. Consequently, after-sales services are subjected to sanctions lists because they need financial relations, for instance in JCPOA sanctions are imposed on any associated services for each category in JCPOA.

See more questions here

Managing Partner at Aras-Pars Law Firm

Moderator for the webinar

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