US sanctions on the International Criminal Court and a New York court challenge to the rules
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What happened
Executive Order 14203 has expanded from one prosecutor to 13 individuals and three organisations, and on Oct. 9 the ICC itself was added to OFAC's SDN list with four general licences, including a wind-down authorisation to April 7, 2027. In Democracy for the Arab World Now, Inc. v. Trump, Judge Jesse Furman granted a preliminary injunction in substantial part, finding the services prohibition likely fails strict scrutiny as applied to the plaintiffs and enjoining IEEPA penalties against them, but declined facial invalidation. Compliance teams should review exposure to the Court and designated persons against the general licences and the scope of the injunction.
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What to do
- Organisations with dealings involving the International Criminal Court should check the general licences, including the wind-down authorisation running until April 7, 2027.
- Organisations whose speech or services relate to the Court should review the scope of the preliminary injunction with legal counsel.
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Who and what is in it
Government agencies