Tariffs, Sanctions, and the Limits of Emergency Power with Rachel Alpert
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Tariffs, Sanctions, and the Limits of Emergency Power with Rachel Alpert
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Can a sanctions law be used to set trade policy? In this episode, Elisa sits down with Rachel Alpert, former OFAC Chief Counsel and now a Partner at Jenner & Block, to explore how the International Emergency Economic Powers Act (IEEPA) has evolved—and why its use to justify tariffs is drawing scrutiny. Together, they trace the law’s origins, examine the traditional role of OFAC, and discuss the case heading to the Supreme Court that could reshape how tariffs are imposed during national emergencies.
Rachel Alpert is a Partner at Jenner & Block, and former Chief Counsel at the US Treasury Department's Office of Foreign Assets Control (OFAC)
References:
IEEPA
The National Emergencies Act
Trading with the Enemy Act
Export Administration Regulations
Outbound Investment Security Program
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
Section 232 of the Trade Expansion Act of 1962
The Major Questions Doctrine