Challenging sanctions designations under U.S. and EU law

The number of personal sanctions imposed on Russian nationals has been increasing almost every month in recent years. The effect of economic restrictions, particularly by jurisdictions such as the U.S. and the EU, is extremely negative for business due to difficulties in using the currencies of these jurisdictions, the disruption of a high number of contractual relationships and hindered access to a range of goods and services. In this regard, persons subject to sanctions seek to minimize the impact of their imposition in various ways, as well as challenge these designations. Although the process of considering many applications of Russian nationals is not over yet, there are already a large number of both successful and unsuccessful cases. The paper analyzes the legal procedure for challenging sanctions restrictions through administrative and judicial means in two jurisdictions, the U.S. and the EU. This thesis analyses norms of legislation on these procedures, taking into account precedent court decisions. Moreover, decisions administrative authorities and judicial practice on the issue of de-listing is analyzed with key decisions reviewed. Through review of a large number of successful and unsuccessful de-listing cases, effective arguments and strategic boundaries for the successful lifting of sanctions are identified. This thesis also compares administrative and judicial mechanisms for lifting U.S. and EU restrictive measures both in the context of legislation, judicial practice and the practice of administrative authorities.