Summary: the International Criminal Court’s Designation as a Specially Designated National Under Executive Order 14203
Updated October 15, 2026
Prepared for the Council by Lowenstein Sandler LLP
On October 9, 2026, the U.S. government imposed sanctions on the International Criminal Court (“ICC” or the “Court”) as an institution, under section 1(a)(ii)(A) of Executive Order 14203, “Imposing Sanctions on the International Criminal Court” (the “Order”). Specifically, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated the ICC as a Specially Designated National (“SDN”) and placed it on the Specially Designated Nationals and Blocked Persons List (SDN List). Until October 2026, OFAC sanctions had only targeted individual judges and prosecutors related to the Court, and did not prohibit U.S. Persons from transacting with the Court generally. As of October 9, 2026, however, U.S. Persons (including U.S. citizens, U.S. permanent residents, entities organized in the United States, and persons or entities physically located in the U.S.) may not, directly or indirectly, transact with the ICC in any capacity unless authorized by an OFAC general or specific license. General licenses are broadly applicable to all U.S. Persons and no notification or authorization is required to use them. Specific licenses, on the other hand, must be applied for and only approve specific activity undertaken by the specific license applicant. Additionally, as an SDN, the ICC’s property and assets are now “blocked.” If blocked property enters U.S. territory, the U.S. financial system, or the possession of a U.S. Person, it must be frozen unless OFAC authorizes its transfer. For example, if a blocked entity’s money is wired to a U.S. bank, the bank must freeze the funds unless it receives authorization from OFAC. OFAC may freeze assets indefinitely; the property remains untouchable by both the owner and the intended recipient.
In conjunction with the ICC’s designation, OFAC also issued four general licenses (“GLs” 13, 14, 15, and 16) authorizing certain transactions that would otherwise be prohibited. GL 13 authorizes transactions ordinarily incident and necessary to the maintenance or wind down of operations, contracts, or other agreements involving the ICC for the next six months (through 12:01 a.m. Eastern Daylight Time on April 7, 2027). This GL is intended to provide a window for continued operations, allowing other governments the opportunity to take measures to address U.S. concerns regarding the ICC. Covered activities under GL 13 include government payments to the ICC; salary payments, health insurance, and medical services for ICC employees, grantees, and contractors; payments for rent, utilities, taxes, insurance, and similar expenses; routine commercial services such as subscriptions and other standard business services; and payment of invoices for transactions authorized by the license or incurred before October 9, 2026. GL 13 does not authorize new financial support for, or new activities with, the ICC.
GLs 14, 15, and 16 are narrower in scope than GL 13. GL 14 authorizes certain transactions related to telecommunications services and enterprise software, including financial management, human resources and payroll systems, data storage, and cybersecurity services. GL 15 authorizes certain transactions involving the processing of pension payments connected to the ICC. GL 16 authorizes certain transactions ordinarily incident and necessary to the continued detention of listed ICC detainees: Rodrigo Roa Duterte, Khaled Mohamed Ali El Hishri, Mahamat Said Abdel Kani, Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, Patrice-Edouard Ngaissona, Bosco Ntaganda, Dominic Ongwen, Ali Muhammad Ali Abd-Al-Rahman, and Alfred Rombhot Yekatom. GL 16’s authorizations include services required to continue the operation of the detention facility as well as services for the detainees’ health, safety, and welfare. Any U.S. Person considering use of an ICC-related GL should review each license carefully and ensure that any activity falls squarely within its terms before proceeding.
Notably, no exemptions for charitable donations have been issued at this time. Ordinarily, an exemption to sanctions prohibitions is provided for humanitarian donations such as donations of food, clothing, or medicine. In Executive Order 14203, however, the President expressly suspended that exemption for anyone designated under the Order, such as the ICC. The Order also bars “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of” a designated person. Therefore, grants, donations, in-kind support, or services from a U.S. Person to the ICC, whether made directly or through an intermediary, are now prohibited. Further, the Order prohibits transactions that evade or avoid its prohibitions and authorizes OFAC to sanction anyone who provides financial or material support to blocked persons, including the ICC. Accordingly, routing funds or donations for the Court’s benefit through a foreign affiliate, a trust fund, or a donor-advised arrangement could create liability, and parties providing such support could themselves be designated.
