When Economic Warfare Meets Gunboat Diplomacy: What to Know About the U.S. Seizures of Shadow Fleet Tankers
International Trade attorney Stephanie Connor wrote an article for the Atlantic Council addressing questions about the legal basis for U.S. seizures of oil tankers and what the government does with these vessels after seizing them. The U.S. government has embarked on an aggressive sanctions enforcement campaign against the so-called "shadow fleet" or "dark fleet" of tankers transporting illicit oil among Iran, Russia, China and Venezuela; the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) has imposed sanctions on a number of vessels, and U.S. forces have seized ships across the world. This approach, Ms. Connors says, raises questions about the legal justification for these tactics, as sanctions alone do not authorize seizure or confiscation of property. She reviews two unsealed warrant applications to glean insights into the government's reasoning as well as points out concerns regarding international maritime law. The article then pivots to a description of what happens to seized vessels, including the logistical challenges of transporting and selling them. The piece offers helpful insights from her perspective as a former assistant director of policy and assistant chief counsel at OFAC.