Investigating and prosecuting violations of sanctions and export controls laws in the US justice department

Feyzi Chakab, Gholam Nabi; Chalabi, Mohammad

Investigating and prosecuting violations of sanctions and export controls laws in the US justice department

Document Type : Original Article

Authors

¹ Associate Professor at Faculty of Law and Political Sciences, Allameh Tabatabae University, (gholamnabifayzi@atu.ac.ir)

² M.A. in International Trade Law, Allameh Tabatabaei University, (mchalabi110@gmail.com)

Abstract

The US has one of the most complex national systems of sanctions enforcement in the world. This system derives from the number of agencies that each have their own duties and authorities in US sanction program. One of these agencies is the Justice Department, which can criminally prosecute willful violations of certain export controls and sanctions laws, along with other related criminal laws. The Department of Justice (DOJ) has the power to investigate and prosecute violations of federal criminal laws, which includes willful violations of sanctions and export controls laws. The DOJ typically prosecutes violations of sanctions programs through its Offices and agencies. The DOJ often works together with these and other law enforcement entities, at both the state and federal level. Administrative and civil enforcement agencies that frequently collaborate with the DOJ include the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry and Security (BIS), as well as the Department of State’s Directorate of Defense Trade Controls (DDTC). On the other hand, since Iran has always been sanctioned by US, understanding the role of the DOJ and analyzing the policies of the Department is necessary for it. Therefore, in the forthcoming article using the library method and the study of Persian and English resources and websites, we will examine the role of the DOJ in the US sanctions program.

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