Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
OFAC sanction activity
Six users of the virtual currency mixer Tornado Cash are appealing a U.S. court decision that upheld sanctions against the cryptocurrency service, saying the Treasury Department illegally stretched its authorities “beyond recognition” when it designated Tornado Cash last year. The six people argued that U.S. sanctions laws don’t allow Treasury to designate an “open-source software project” like Tornado Cash because it doesn’t meet the definition of “property” under the International Emergency Economic Powers Act.
John Pisa-Relli, trade compliance counsel with GE Aerospace, will join the Office of Foreign Assets Control next month to serve as the agency’s enforcement liaison to U.S. federal and state law enforcement and regulatory agencies, he announced this week on LinkedIn. Pisa-Relli previously worked as a liaison for OFAC from 2003 to 2005.
Jenner & Block partner Rachel Alpert was tapped to serve as the chief counsel to the Treasury Department's Office of Foreign Assets Control, the firm announced on Oct. 24. Alpert has worked at Jenner & Block since 2021 and has fleshed out the firm's national security, sanctions and export controls practice, along with the human rights and global strategy practice. Her practice centered around export controls and sanctions proceedings under the International Traffic in Arms Regulations, Export Administration Regulations and OFAC regulations, among other things. Prior to working at Jenner & Block, Alpert worked as an attorney-adviser to the State Department and as counsel at Latham & Watkins.
Farhad Nafeiy, a California-based telecommunications consultant, pleaded guilty this week to violating the International Emergency Economic Powers Act after he breached the scope of sanctions licenses from the Office of Foreign Assets Control.
The U.S. removed sanctions from two former board members of a Russian state-owned bank after both argued they didn’t meet the criteria for placement on the Treasury Department’s Specially Designated Nationals List. The sanctions removals, made by the Office of Foreign Assets Control late last month, came after Russian nationals Elena Titova and Andrey Golikov, in separate complaints, sued the U.S. government over their designations, accusing it of sanctioning them on “no factual basis” and “unnecessarily” delaying delisting decisions.
The U.S. District Court for the District of Columbia dismissed a case against a United Arab Emirates cigarette filter and tear tape manufacturer following a more than $660,000 settlement agreement with the government for violating U.S. sanctions against North Korea . Essentra FZE Company Limited exported cigarette filter rods to North Korea and did not voluntarily disclose the violations, which the Treasury Department's Office of Foreign Assets Control said constituted an egregious case (U.S. v. Essentra FZE Company, Dist. D.C. # 20-112).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Adam Hensel-Briscoe, former official at the Treasury Department's Office of Foreign Assets Control, has joined Squire Patton as a principal in its Washington, D.C., government investigations and white collar practice. Joining the firm from Akin Gump, Hensel-Briscoe worked at OFAC for over 12 years, serving as assistant director of the Office of Global Targeting's Narcotics, Crime, Africa and Western Hemisphere Division. His practice will center on "international trade, economic and trade sanctions laws, export control laws and other foreign policy and national security trade and investment controls," the firm said.
The Office of Foreign Assets Control denied allegations that it incorrectly sanctioned Iranian car manufacturer Bahman Group, telling a federal court last month that “at all relevant times” the agency acted in accordance with U.S. sanctions authorities. The agency said it sanctioned Bahman Group twice, each time under “independent factual bases,” and said facts supported its “determination” that Bahman Group continued to provide “material assistance” to the sanctioned Islamic Revolutionary Guard Corps. It also objected to Bahman Group’s claim that the company “successfully” rebutted the “factual bases” on which OFAC added the company to its Specially Designated Nationals List.