They're Back: ICC Sanctions and the Cuba Restricted List
- Category: Blog - Denied Party Digest
They're Back: ICC Sanctions and the Cuba Restricted List
Among the flurry of activity at the end of one administration and the beginning of another, there were two screening-related developments: the return of ICC sanctions and the brief termination and restoration of the Cuba Restricted List.
OFAC ICC Sanctions
On February 6, 2025, the President issued Executive Order 14203, "Imposing Sanctions On The International Criminal Court." This executive order is a response to assertions of jurisdiction over U.S. and allied personnel (particularly Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant) by the International Criminal Court (ICC). Neither the U.S. nor Israel are are parties to the Rome Statute and have not otherwise consented to ICC jurisdiction. A similar sanctions program was instituted in 2020, but was terminated in 2021 after to the change in administrations. As with the previous version, the ICC Sanctions program is based on the 2002 American Service-Members’ Protection Act. The Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General may sanction ICC personnel under this executive order, who would then be included on OFAC's Specially Designated Nationals (SDN) List and subject to a series of financial sanctions. The first individual sanctioned in the current iteration of this sanctions program is Karim Khan, ICC prosecutor.
The SDN list (which reflects many OFAC sanctions programs) and other sanctions lists are subject to change on a daily basis, making continuous screening a business necessity.
Cuba Restricted List
The State Department’s Cuba Restricted List was rescinded on January 16, 2025, but republished and updated on February 6. Cuba’s status as a State Sponsor of Terrorism was also briefly rescinded and reinstated.
The Cuba Restricted List identifies "entities and subentities under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba." Cuba also remains subject to comprehensive sanctions and export restrictions.