Dr Joshua Andresen helps settle case challenging US Treasury Department’s unlawful suppression of political speech

In late 2022, the Treasury Department’s Office of Foreign Assets Control (OFAC) asserted that it could restrict American groups from organising political discussions that include sanctioned individuals or groups. In December 2023, the Foundation for Global Political Exchange, together with the Knight First Amendment Institute at Columbia University, filed a complaint against OFAC, arguing that OFAC’s position exceeds its authority and violates the First Amendment of the US Constitution. 

The Foundation for Global Political Exchange promotes professional and academic enrichment through convenings in different countries in the Middle East and North Africa called “Exchanges.” Each Exchange involves a series of small-group, immersive dialogues that allow participants from around the world to engage with and question key decision-makers from across a country’s political spectrum, including figures who vigorously disagree with one another. The Foundation categorically condemns violence against civilians and recognises that finding avenues toward sustainable peace requires people to engage even with those with whom they vehemently disagree.  

In 2022, OFAC told the Foundation that it could not include in one of its Exchanges several individuals who had been designated under the agency’s sanctions regimes, or who were members of a designated group. The Foundation sued to challenge this decision, arguing that OFAC had exceeded its authority and violated the First Amendment by suppressing core political speech. It asked the court to declare that OFAC’s actions were unlawful and to bar the agency from blocking the Foundation’s speakers in the future. 

Following the court case, the US Treasury has admitted that sanctions regulations cannot block political dialogue with sanctioned individuals or groups. 

“This is a great victory for the rule of law and the checks and balances designed to prevent government overreach. It is no secret that the prior policy unfairly restricted speech without due process of law. This decision wins back vital protections for free speech and association that are the cornerstones of our democracy,” said Joshua Andresen. 

“We’re pleased with this settlement, which will limit the government’s ability to use sanctions law to shut down vital political discussions,” said Nicholas Noe, director and co-founder of the Foundation for Global Political Exchange. “Free and open political dialogue is vital for achieving mutual understanding and for finding pathways to peace. Americans can’t possibly understand the world around them if the government gets to decide which foreign citizens they can speak with.” 

As part of the settlement, OFAC has issued a letter to the Foundation for Global Political Exchange making clear that including sanctioned individuals in political dialogues, whether in person or online, is not prohibited by US sanctions. The settlement will also enable other organisations to foster political dialogue without fear of prosecution.  

More information about the Foundation for Global Political Exchange is available here.