The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued a final rule to remove the International Criminal Court-Related Sanctions Regulations, 31 C.F.R. part 520, from the Code of Federal Regulations. OFAC is taking this action after the national emergency upon which these sanctions were based was terminated by President Biden on April 1, 2021. The final rule will become effective once published in the Federal Register on July 6, 2021.
On June 11, 2020, former President Trump issued Executive Order 13928, “Blocking Property of Certain Persons Associated with the International Criminal Court” and determined that any attempt by the ICC to proceed in various juridic activity against states that are not parties to the Rome Statute without consent constituted a national security threat. In September 2020, several ICC prosecutors were placed on the Specially Designated National and Blocked Entities (SDN) List pursuant to the executive order and the next month OFAC issued the ICC-Related Sanctions Regulations. For more information, see Update of October 5, 2020. On April 1, 2021, President Biden issued an executive order terminating the previously declared national emergency and reversing sanctions imposed by Executive Order 13928. For more information, see Update of April 5, 2021. This final rule implements the president’s April 1, 2021 executive order.