The Lawfare Podcast: A New Sanctions Approach for Humanitarian Assistance

Release Date: June 8, 2025
Host: The Lawfare Institute

Introduction

In this archived episode from March 14, 2023, The Lawfare Podcast delves into the complex interplay between international sanctions and the delivery of humanitarian assistance. Host Scott R. Anderson engages with sanctions experts Rachel Alpert and Alex Zurdin to explore recent developments by the Biden administration and the United Nations Security Council (UNSC) aimed at mitigating the adverse effects of sanctions on humanitarian efforts.

The Sanctions-Humanitarian Assistance Conundrum

[02:53] Scott R. Anderson sets the stage by highlighting the longstanding tension in U.S. and international sanctions policy: targeting malevolent actors while ensuring that necessary humanitarian aid can still reach those in need. This inherent policy tension has posed significant challenges for humanitarian organizations operating in sanctioned jurisdictions.

[04:45] Alex Zurdin explains that sanctions are designed to exclude certain individuals, entities, or countries from the global financial system. However, exceptions are often needed to allow humanitarian assistance, particularly in conflict zones. He notes that while the concept isn't new, the formal mechanisms to provide these exceptions have been limited until recent decades.

Historical Challenges and Partial Solutions

[06:00] Scott R. Anderson references historical case studies such as Somalia, Syria, and Yemen, where sanctions have hindered humanitarian efforts. He points out that despite attempts to address these issues, significant barriers remained for NGOs and aid organizations.

[06:44] Rachel Alpert recounts the situation in Somalia around 2008-2010, where NGOs faced legal uncertainties when interacting with local authorities like Al Shabaab. The Treasury Department’s Office of Foreign Assets Control (OFAC) issued FAQs providing limited reassurance, which evolved into more formal guidance by 2014. However, challenges persisted, especially regarding material support statutes and financial transaction difficulties.

Biden Administration’s Sanctions Policy Review

[12:40] Alex Zurdin discusses the Treasury Department’s comprehensive review of sanctions authorities initiated during Secretary Yellen's confirmation. The October 2021 policy review emphasized the need to facilitate humanitarian assistance through sanctioned jurisdictions by expanding exceptions and providing clearer guidance for NGOs.

UN Security Council’s Resolution 2664

[15:03] Rachel Alpert details the process leading to UNSC Resolution 2664, adopted on December 9, 2022. This resolution introduced broad carve-outs for humanitarian assistance across all UNSC sanctions programs. It ensures that activities falling within the scope of humanitarian exemptions are not sanctioned, with a two-year sunset clause to allow assessment and review.

Notable Quote:
"This exemption will be in effect with respect to the al Qaeda sanctions regime for two years, and that's time limited, and then it will be reviewed." – Rachel Alpert [15:03]

Implementation and Regulatory Interpretation

[19:51] Alex Zurdin explains the anticipated challenges in implementing the broad exemptions established by UNSC Resolution 2664. He anticipates a dynamic and adaptive approach from the U.S. Treasury Department, aligning domestic licenses with international requirements while ensuring financial institutions appropriately manage operational risks.

[23:33] Rachel Alpert highlights the U.S. implementation of the exemption through OFAC’s general licenses, which cover a wide range of humanitarian activities, including democracy building and education. She emphasizes the ongoing need for other countries to adopt similar measures to ensure global consistency.

Notable Quote:
"There’s still a requirement within the scope of this exemption that countries, or a request that countries use reasonable efforts to minimize benefits to sanctioned parties." – Rachel Alpert [19:51]

The Foreign Terrorist Organization (FTO) Regime

[30:38] The discussion shifts to the Foreign Terrorist Organization (FTO) designation, which remains a significant barrier despite the new exemptions. Rachel Alpert underscores that material support statutes targeting FTOs necessitate legislative changes to fully eliminate obstacles for humanitarian organizations.

Notable Quote:
"To fully address the material support issues, a legislative fix is necessary." – Rachel Alpert [31:31]

Alex Zurdin adds that the FTO designation should be used judiciously to prevent exacerbating policy challenges while combating terrorism.

Export Controls and Additional Barriers

[35:48] Rachel Alpert identifies export controls as another area that hampers humanitarian assistance, particularly highlighted by the Syria earthquake response. The stringent export regulations require organizations to obtain licenses for essential supplies, complicating rapid aid delivery.

Notable Quote:
"The solution to that would be to take an approach similar to what the Treasury Department has done and pre-authorize certain specific categories of items." – Rachel Alpert [35:48]

Case Study: Afghanistan’s Sanctions Regime

[38:44] Alex Zurdin provides an in-depth look at Afghanistan, where the U.S. Treasury implemented a series of general licenses post-August 2021 to facilitate humanitarian aid under Taliban control. These licenses allowed financial transactions necessary for basic needs without directly funding terrorist networks. However, he notes that operational challenges for financial institutions continue to impede effective aid delivery.

[45:03] Rachel Alpert reflects on how lifting sanctions in Afghanistan has shifted focus to addressing local governance issues, such as impediments to women's assistance programs and financial controls imposed by the Taliban.

Future Evaluation and Policy Recommendations

[47:01] As the episode nears its conclusion, Rachel Alpert and Alex Zurdin discuss the key metrics for evaluating the success of the new sanctions exemptions. Rachel emphasizes monitoring international adoption, compliance levels, and identifying remaining barriers to humanitarian aid.

Alex Zurdin advocates for a comprehensive interagency approach to economic statecraft and the development of an affirmative economic statecraft doctrine. He stresses the importance of improving the analysis of sanctions effectiveness and ensuring adequate resources for implementation.

Notable Quote:
"We need for the US Government to put forward an affirmative economic statecraft doctrine." – Alex Zurdin [48:07]

Conclusion

The episode concludes with a consensus that while significant strides have been made in reconciling sanctions with humanitarian needs, challenges remain. Legislative reforms, broader international cooperation, and refined regulatory frameworks are essential to ensure that sanctions policies do not inadvertently hinder life-saving assistance.

Key Takeaways

• Sanctions vs. Humanitarian Aid: Balancing punitive measures against malevolent actors while ensuring that humanitarian assistance reaches those in need remains a complex policy challenge.

• Policy Evolution: Recent efforts by the Biden administration and the UNSC to introduce broad carve-outs demonstrate progress, but implementation and consistency across nations are critical.

• Remaining Barriers: The FTO regime and stringent export controls continue to pose significant obstacles, necessitating legislative and regulatory reforms.

• Looking Ahead: Continuous evaluation, international cooperation, and an integrated economic statecraft approach are vital for enhancing the effectiveness of sanctions without compromising humanitarian efforts.

Notable Quotes

• "This exemption will be in effect with respect to the al Qaeda sanctions regime for two years, and that's time limited, and then it will be reviewed." – Rachel Alpert [15:03]
• "There’s still a requirement within the scope of this exemption that countries, or a request that countries use reasonable efforts to minimize benefits to sanctioned parties." – Rachel Alpert [19:51]
• "To fully address the material support issues, a legislative fix is necessary." – Rachel Alpert [31:31]
• "We need for the US Government to put forward an affirmative economic statecraft doctrine." – Alex Zurdin [48:07]

This episode provides a comprehensive analysis of the evolving landscape of sanctions and their impact on humanitarian assistance, offering valuable insights for policymakers, legal experts, and humanitarian organizations navigating these complex intersections.