Sanctions Past, Present, and Future with OFAC Director Brad Smith
Feb 29, 2024
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Discussing the evolution and impact of US sanctions, especially in response to Russia's invasion of Ukraine. Exploring the use of secondary sanctions, de-dollarization, and dialogues with China. Insightful conversation with Brad Smith, Director of OFAC, on the strategic application of financial sanctions.
US sanctions on Russia aim to limit resources and hinder military capabilities.
Lessons from past sanctions influence current US strategies focusing on clarity, multilateralism, and unintended consequences.
Enforcing sanctions includes penalties on violators and engaging industries for effective compliance and due diligence.
Deep dives
Objectives of US Sanctions on Russia
The primary objectives of the US sanctions on Russia over the past two years have been to deny Russia revenue for its war efforts and to obstruct the flow of goods used for manufacturing war materials. These goals have remained central to the US policy actions, aiming to limit Russia's resources and hinder its military capabilities. Efforts have also been made to navigate Russia's energy presence cautiously to prevent destabilizing the global economy while pursuing broader objectives.
Evolution of Sanctions and Lessons Learned
Sanctions have been an integral part of US foreign policy for over two centuries and have evolved significantly. The targeted rollout of sanctions, especially since Russia's invasion of Ukraine, has prompted innovative approaches from the Biden administration. Concurrently, the US Treasury, through the Office of Foreign Assets Control (OFAC), has conducted strategic reviews to enhance its sanctions policies. Lessons from past efforts have influenced current strategies, emphasizing the importance of clarity in objectives, multilateral cooperation, and mitigating unintended consequences.
Effectiveness of Sanctions on Russia and Future Strategy
While acknowledging the limitations of sanctions as a standalone tool, the US has seen success in impeding Russia's war capabilities and economic stability. Secondary sanctions have been utilized to target foreign entities facilitating transactions with Russia's military industries. The US strategy involves disrupting revenue streams to Russia by identifying and penalizing entities supporting its war machinery. Balancing secondary sanctions with multilateralism remains crucial to avoid straining international relations and regulatory boundaries, emphasizing collaborative efforts in applying targeted pressure on Russia.
Sanctions Enforcement and Impact on Non-Financial Institutions
The podcast dives into the effectiveness of enforcing sanctions, emphasizing the significant penalties imposed on non-financial institutions for violations. It discusses a case involving British American Tobacco and highlights the importance of reaching out to industries to explain how prohibitions apply. The focus on compliance departments and engaging with industry actors to ensure effective screening and due diligence stands out as a key priority.
De-Dollarization Concerns and Balancing National Security Objectives
Exploring the challenges posed by de-dollarization fears, the podcast delves into the implications of Russia's extensive sanctions and the potential shift away from the dollar as a reserve currency. It underscores the balance between wielding power for national security and considering alternative reserve currency options. Emphasizing the Western values' influence on currency stability and indicating ongoing uncertainties, the discussion reflects a nuanced approach to policy-making amidst evolving geopolitical dynamics.
Over the past several decades, financial sanctions have become one of the most widely used tools in the U.S. foreign policy arsenal. And since Russia’s invasion of Ukraine two years ago, the Biden administration has wielded them in a number of innovative ways. At the same time, some of these uses have also triggered concerns about U.S. overreach, something that could have consequences for both U.S. national security and the health of the U.S. economy.
To better understand how the U.S. government is approaching its financial sanctions policies today, Lawfare Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with the man who manages them: Brad Smith, the Director of the Office of Foreign Assets Control (or “OFAC”) at the U.S. Department of the Treasury. A veteran of U.S. sanctions policy, Smith walked through some of the history of sanctions, lessons the Biden administration has learned from past efforts, and how these lessons are being applied to new challenges, including from Russia.
This is the latest entry in our special “The Regulators” series, co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with some of the senior officials working at the front lines of U.S. national security policy.