Hussain Awan delves into the complex legal landscape surrounding recent amendments to the International Emergency Economic Powers Act (IEEPA) and Trading with the Enemy Act (TWEA).
These amendments, which doubled the statutes’ limitations periods, have sparked significant debate and concern over the potential retroactive enforcement of US sanctions laws by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the US Department of Justice (DOJ).
Awan examines the constitutional and common law precedents that inform the retroactive application of these extended statutes of limitations. This analysis provides a clear roadmap for agencies navigating the complexities of retroactive legislation. By adhering to the expired-unexpired distinction, agencies can uphold constitutional and common law protections while effectively enforcing extended statutes of limitations. This article is an essential read for legal practitioners and policymakers involved in sanctions enforcement and legislative interpretation.