Oleg Deripaska, founder of En+ and Rusal, has brought proceedings against the US Treasury asking to be de-listed from US sanctions which are unfairly destroying his global businesses and have caused his net worth to drop by $7.5 billion The case is Deripaska v. Mnuchin, 19-cv-727, U.S. District Court, District of Columbia and the pleading is here.
Deripaska’s case is that OFAC’s actions were arbitrary and capricious and violated the Administrative Procedures Act. “As official representatives of our nation—a nation that prides itself on adherence to the rule of law—Defendants must act within the bounds of and consistent with our law. That obligation requires Defendants to ensure that their actions are in accordance with law; that they are not contrary to constitutional right; and that they establish a connection between their findings and the evidence in their possession. In addition, Defendants must provide for due process to ensure that persons affected by their actions have a meaningful opportunity to respond to them. However, by sanctioning Deripaska and including him in an arbitrarily contrived list of “oligarchs,” Defendants have acted without regard to these obligations and beyond the bounds of their authority.”
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >