The HC Commodities Podcast
Episode: Seizures, Search Warrants, and Sanctions: The blockade of Venezuela’s Dark Fleet Webinar by Deep Blue Intelligence
Host: Paul Chapman (HC Group)
Guests: David Tannenbaum (Director, Deep Blue Intelligence) and Carmela Hanlon (Associate, Blank Rome, Maritime Group)
Date: December 24, 2025
Overview
This special episode, presented as a webinar, dives deep into the evolving landscape of U.S. sanctions enforcement against Venezuela—especially focusing on the recent seizure of the vessel Skipper. The discussion is led by sanctions expert David Tannenbaum and maritime legal specialist Carmela Hanlon, who dissect the legal, operational, and geopolitical nuances of vessel seizures, blockades, and the elusive “dark fleet” facilitating Venezuelan oil exports. Together, they unravel how and why the U.S. is intensifying its pressure campaign, spotlighting the mechanics of asset forfeiture, legal thresholds for action, and the sophisticated tactics used by dark fleet operators to evade detection.
Key Discussion Points & Insights
I. Setting the Stage: The Geopolitical and Enforcement Context
[00:00–04:17]
- Escalation in Sanctions: The U.S. is turning up the heat on Venezuela’s Maduro regime, with vessel seizures entering the headlines (“…this is a major escalation on the pressure campaign against Venezuela.” – David, 03:07).
- Recent Actions: President’s tweets about a Venezuela blockade have caused confusion in the industry:
“It is important to remember that the tweet is just that at this point. …a blockade is a much more complicated thing…” (David, 02:50).
- Purpose: Offer clarity on legal tools (like seizures), what a “blockade” actually means, and risk management for industry players.
II. Legal Mechanics of Vessel Seizure & Asset Forfeiture
[04:17–11:51]
- Civil Forfeiture Basics:
- U.S. can seize property derived from, or used in, criminal activity—even with no criminal conviction (Carmela, 04:20).
- The standard for a seizure warrant: “probable cause”—a relatively low bar (Carmela, 04:45).
- Proceeds from seized property can be held in escrow; process allows for owner defenses (like “innocent owner”).
- Seizure of the Skipper:
- Legal basis included connection to terrorism (notably, designations under 18 USC 981 A1G1).
- The Skipper was operating unflagged, making legal intervention easier (Carmela, 08:45).
-
“The order [for Skipper’s seizure] is heavily redacted, so we do not know for some time what the actual basis was…” (Carmela, 07:30).
- Terrorism Nexus:
- Asset forfeiture typically needs a U.S. jurisdiction, but if terrorism is involved, extraterritorial reach is allowed.
- Skipper designated under “Especially Designated Global Terrorist” (SDGT); over 120 vessels so designated.
III. Procedural Constraints and Opportunities
[11:51–17:38]
-
Judicial Oversight: Warrants are needed; actions subject to D.C. District Court scrutiny (“…they do need to have a warrant, they do need to convince a judge…” – David, 11:51).
-
Risks of Overreach: Potential for abuse if the U.S. times designations and seizures so vessels are “instantly” deflagged and vulnerable:
“One concern… is the government could time the seizure and the designation announcement…” (Carmela, 13:05).
-
Question from Audience: Scope for designation expansion (e.g., designating Maduro regime as an FTO):
“Where does it stop?” (Carmela, 16:43).
IV. Blockade: Law, History, and Practicality
[19:21–24:33]
-
Types of Blockades:
- Military Blockade: “An act of war… [not] going to happen here.” (David, 21:53)
- Sanctions Embargo (Iraq 1991): Relied on U.N. backing; not feasible for Venezuela.
- Sanctions by Clever Statute Use: Trading with the Enemy Act (TWEA) amended—President limited to war times. IEEPA (International Emergency Economic Powers Act) more likely.
“I don't think this administration has the patience to go through [Congress].” (Carmela, 23:57)
-
Predicted Path: Enhanced use of sanctions via IEEPA, swift D.C. court actions, cooperation with flag states to strip vessel registrations.
V. Anatomy of Venezuela’s Dark Fleet
[27:30–35:14]
-
Scale and Structure: At least 150 tankers involved in Venezuelan activity; “three key threat actors” manage 50% of the fleet.
-
Network Complexity:
- One example: individual under sanctions transferred ownership of 12 vessels in two days, shuffling through Seychelles, Turkey, Singapore, and Belize.
“These networks move… this is a fairly common structure.” (David, 32:45)
-
Cross-Programmatic Nature: Fleet often supports both Venezuela and Russia, using elaborate shell companies.
-
Spoofing & Deceptive Practices:
- Long-term AIS spoofing (much longer than Iran's tactical spoofing).
- “They will fake being off west Africa for months…then magically appear in the Caribbean to load crude.” (David, 33:55)
- Document forgeries and even signal hijacking have become more common.
VI. Retaliation Risks and Geostrategic Fallout
[35:37–36:25]
- Historical Precedent: After the U.S. seized oil from Suez Rajan, Iran seized back the vessel (Carmela, 35:37).
- Open Questions: Will Venezuela or Iran retaliate against U.S. or allied shipping? Will the Caribbean become an “exclusion zone”?
- Reliance on Venezuelan Crude: Certain markets highly dependent; potential for ripple effects.
VII. Compliance Tips and Red Flags
[36:25–41:26]
-
Ownership Structures:
- Beware of “one-ship companies,” especially managed from China, Hong Kong, or Turkey.
-
“If you start seeing one ship companies…usually…leads to the dark fleet.” (David, 36:50)
-
AIS and Port Call Anomalies:
- Vessels avoiding port calls for 3-6 months may be hiding illicit activity.
- Excessive loitering near classic “spoofing” areas (West Africa, ABC Islands).
-
Evolving Tricks: Document forgeries, hijacked signals, creative routing.
VIII. Actionable Recommendations
[41:26–44:25]
- Sanctions Clauses:
“I cannot emphasize how important those kinds of clauses are in your agreements.” (Carmela, 39:32).
- Clauses must allow for termination and cargo recovery if sanctions violations are suspected.
- Enhanced Due Diligence:
- Go beyond scanning OFAC lists; invest in maritime intelligence & vessel/cargo monitoring.
- "Scanning the OFAC list is not enough. …investing in maritime intelligence is essential at this point." (Carmela, 41:15)
- Legal Fees vs. Compliance:
- The cost of intense compliance is “significantly less than the legal and reputational cost of a misstep.” (David, 42:31)
IX. Notable Quotes and Memorable Moments
On Legal Realities:
-
On Blockades:
"A military blockade is… an act of war. …That’s not going to happen here. Congress is not going to authorize a war against Venezuela."
— David Tannenbaum [21:53] -
On the Skipper Seizure:
"Most other seizures… are conducted in the territory of the state. …Here, Skipper was sailing without a flag, so arguably the US had grounds."
— Carmela Hanlon [08:45] -
On Spoofing:
“What we see in Iran tends to be tactical… here, this activity can go on for months.”
— David Tannenbaum [33:47]
On Practical Compliance:
-
On Sanctions Clauses:
"Sanctions clauses. Sanctions clauses. Sanctions clauses. And make sure that they are everywhere."
— Carmela Hanlon [39:32] -
On Dark Fleet Structure:
“If you start seeing one ship companies… usually… leads to the dark fleet.”
— David Tannenbaum [36:50]
On Retaliation and Risk:
- On the possibility of tit-for-tat:
"These things do tend to be a tit for tat…Venezuela could make the Caribbean the next Red Sea."
— David Tannenbaum [36:25]
X. Audience Q&A Highlights
[43:46–48:32]
-
Q: If a ship manager is designated, are vessels blocked?
"You’d be prohibited from dealing with them because it would be direct or indirect dealings with a sanctioned person…"
– Carmela Hanlon [44:25] -
Q: How to track vessel ownership and movement?
- Recommend using IMO-related parties, checking continuous synopsis record, and deploying maritime intelligence tools (MarineTraffic, Deep Blue, etc.).
-
Q: Is AIS obsolete?
"AIS is a completely permissive and easily doable system…there are better systems, but they’re not being implemented."
– David Tannenbaum [48:32]
Final Recommendations
[52:48–54:33]
-
Vigilance:
“Be hypervigilant and evaluate your maritime intelligence and due diligence on everyone you do business with.”
— Carmela Hanlon [52:48] -
Update Sanctions Clauses: Include robust, modern requirements.
-
Disaster Planning: Ensure corporate separateness to insulate entities from ripple effects if one is compromised.
“…crisis response is not just for ransomware—run it for sanctions risk, too.”
— David Tannenbaum [54:33]
Conclusion
This episode offers a “masterclass” in the intersection of maritime law, sanctions enforcement, and compliance challenges tied to Venezuela’s dark fleet. The legal landscape is complex, rapidly evolving, and fraught with geopolitical risk. Key takeaways urge industry actors to bolster their contractual protections, up their vessel intelligence game, and remain alert for signs of escalatory state action or retaliation. Treat this as your urgent call to audit compliance protocols as the U.S. and global scene grow ever-tense in the new era of sanctions enforcement.
For those interested in more information or further questions, resources such as Deep Blue Intelligence and other maritime platforms were cited throughout; listeners are encouraged to stay informed and proactive.
End of Summary