Pilarski, Daniel
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04 Mar 2025
Proposed USTR Fees on Chinese Shipping: What you Need to Know Now
On February 21, 2025, the Office of the US Trade Representative (UST) released a notice of a proposal to impose wide-ranging fees on shipping companies and vessels with a Chinese nexus. The USTR has yet to release regulatory or administrative language that implements the proposals, and there is no guarantee this will actually happen. Interested parties should consider submitting comments as well as…
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12 Nov 2020
Conflicts of Laws: Blocking Statutes and Antiboycott
This article will focus on conflicts of laws stemming from the EU Blocking Statute and U.S. antiboycott law, both of which are intended to prevent parties from complying with a disfavored sanctions regime. The article will highlight some of the inherent conflicts in dealing with multiple conflicting sanctions regimes. It follows our comprehensive summary of sanctions and shipping, which covered several…
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02 Nov 2020
US Sanctions: Spotlight on Russia
This article will focus on U.S. sanctions on Russia/Ukraine. The Russia/Ukraine sanctions program is a complex mix of comprehensive, noncomprehensive and “sectoral” sanctions. It includes both primary sanctions aimed at U.S. persons and secondary sanctions aimed at non-U.S. persons. It encompasses broad sectors of the Russian economy and significant dealings with sanctioned individuals and entities, while generally permitting most transactions with Russia. Accordingly, it stands alone in U.S.
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26 Oct 2020
Noncomprehensive Sanctions: Venezuela, Global Magnitsky, Hong Kong
This article will focus on “noncomprehensive sanctions,” which target “Specially Designated Nationals” (SDNs), but otherwise do not prohibit most trade between the U.S. and the target country (if any). While there are multiple noncomprehensive sanctions programs, we will focus on three: Venezuela (which can be thought of as quasi-comprehensive), Global Magnitsky (human rights) and Hong Kong. Russia also has a substantial noncomprehensive sanctions program…
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15 Oct 2020
Comprehensive Sanctions: Iran, Syria and North Korea
This article will focus on “comprehensive sanctions,” which prohibit most trade between the U.S. and the target country, with a particular focus on three countries currently targeted by comprehensive sanctions: Iran, Syria and North Korea. Similar jurisdictions which are subject to varying levels of comprehensive sanctions, including Cuba, the Crimea region (Russia/Ukraine) and Venezuela (which may…
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13 Oct 2020
US Sanctions 101
This article will focus on U.S. sanctions generally, including the definition of “U.S. persons,” the application of the facilitation rules, the difference between primary and secondary sanctions, the 50% rule and various maritime advisories. The article will conclude with a few frequently asked questions."Traditionally, U.S. sanctions applied only to “U.S. persons,” which generally means a U.S. citizen or permanent resident; an entity organized in the U.S.
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08 Oct 2020
US Sanctions: Spotlight on Cuba
The U.S. maintains a comprehensive sanctions program against Cuba, generally prohibiting all trade between the two nations, subject to multiple exceptions. In a previous article we addressed U.S. comprehensive sanctions generally, focusing on Iran, Syria and North Korea. Because the Cuba sanctions program has several idiosyncrasies that are unique to Cuba we address the Cuba sanctions program on its own.Background to Cuba sanctionsThe Cuba sanctions program is the oldest U.S.
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27 May 2020
US Maritime Sanctions Advisory: Navigating Choppy Waters
In May 2020, the US Department of State, US Department of the Treasury’s Office of Foreign Assets Control (OFAC), and US Coast Guard issued a joint Sanctions Advisory for the Maritime Industry. The advisory builds on and expands several prior sanctions advisories for the maritime community issued in 2018-19.The advisory is intended as a guidepost to help participants in the maritime sector achieve the desired level of compliance.
