Week of 21-27 September 2026
Legislative, regulatory and case law digest
International sanctions: the EU extends its individual sanctions to three years and delists two Russian oligarchs, OFAC targets an Iranian crypto-asset platform
On 22 September 2026, the Council of the European Union renewed the regime of individual sanctions against persons responsible for undermining the territorial integrity, sovereignty and independence of Ukraine for an unprecedented period of thirty-six months, until 22 September 2029, compared with six months previously. The compromise, reached after France and Slovakia had blocked the renewal the week before, came with the delisting of Alisher Usmanov and Mikhail Fridman, France having linked their removal to developments concerning the release of French nationals detained in Azerbaijan.
On the US side, as part of “Operation Economic Outcast”, OFAC formalised on 22 September, by notice in the Federal Register, the designation of the Iranian crypto-asset exchange BitBank, controlled by the already sanctioned financier Babak Zanjani, for having transferred several hundred million dollars in bitcoin to the Islamic Revolutionary Guard Corps between June and July 2026. The designation rests on Executive Order 13902, which targets the digital sector of the Iranian economy.
Business implications: update screening lists to reflect the delisting of Usmanov and Fridman before resuming any relationship or releasing any assets, and extend due diligence to counterparties active in crypto-assets with links to Iran.
US tariffs: a lull in litigation, phase 3 of IEEPA refunds confirmed for 6 October
No new decision was handed down this week by the Court of International Trade or the Court of Appeals for the Federal Circuit on tariffs based on IEEPA or on Section 122 of the Trade Act of 1974; the government’s appeal is still pending before the Federal Circuit. The challenge to the 10 to 12.5% surcharge imposed by the USTR under Section 301 on forced labour grounds, contested in particular by twenty-five state attorneys general as a way of circumventing the invalidation of the IEEPA duties, is due to be heard on the merits on 30 September. CBP also confirmed before the Court of International Trade that phase 3 of the CAPE portal for refunds of invalidated IEEPA duties will open on 6 October 2026. It covers finally liquidated entries, for claimants who submitted a valid importer number by 31 July 2026.
Business implications: check eligibility for phase 3 before 6 October and follow the 30 September hearing, on which the survival of the Section 301 surcharge depends.
EU case law: the General Court annuls the continued listing of a former Russian parliamentarian
In a judgment of 23 September 2026 (T-584/24, Tkach v Council), the General Court of the European Union annulled the continued listing, for 2024 and 2025, of a former member of the Federation Council of Russia who had voted to ratify the treaties annexing occupied Ukrainian territories and had founded a publishing group spreading war propaganda. The Court held that these grounds, relevant when the aggression began, were no longer sufficient to justify maintaining the listing at the successive renewals. The ruling follows the Gagarina judgment of 16 September 2026, which had already penalised the failure to update the evidence file at a six-monthly renewal.
Business implications: this line of case law, now resting on two consecutive judgments, opens a route of challenge for persons whose original role has faded, since the Council bears the burden of showing, at each renewal, that the ground for listing is still current.
Customs regulation and foreign investment: the new Union Customs Code enters into force, the French ministry strengthens its economic security doctrine
Regulation (EU) 2026/2108 of 16 September 2026, establishing the Union Customs Code and the European Union Customs Authority, was published in the Official Journal on 19 September 2026 and entered into force the following day. It will not apply generally until 21 September 2027, when it will repeal the 2013 Code; the two regimes coexist in the meantime. On 21 September, the French customs directorate presented the main features of the reform: the Union Customs Authority to be based in Lille, a customs data hub rolled out in stages until 2034, and wider liability for importers, including e-commerce platforms. This entry into force does not affect the recodification of the French customs code without change of substance carried out by Ordinance No. 2026-265 of 8 April 2026 (new numbering starting at Article L. 111-1), in force since 1 May 2026.
On foreign investment screening, the minister for industry convened the first Economic Security Conference on 24 September 2026. He reported more than eight hundred alerts recorded in 2026, three times the 2020 figure and mostly concerning SMEs and mid-sized companies, and announced a doctrine balancing openness and protection together with a dedicated observatory set up with ESSEC. Nothing to report this week on CBAM, on the EU-Mercosur agreement (still awaiting the opinion of the Court of Justice), on the EU-India agreement (in progress since 11 September), or on ICS2 and NCTS.
The firm advises on international trade law, including sanctions compliance and customs law.
Previous edition: Weekly Digest: International Trade Law (14-20 September 2026)
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