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U.S. Sanctions Respond to Iranian Violence Against Women

By Yuki Taylor
Law Student Editor

Protests Against Misogynistic Violence

On September 14, in Iran, a 22-year-old woman named Mahsa Amini from the Kurdish minority in Kurdistan Province was arrested during a family trip to Tehran, by the nation’s Morality Police for the crime of wearing her hijab (head-scarf) improperly.  During police custody in a re-education center, Ms. Amini collapsed, fell into a coma, and was pronounced dead two days later at a nearby hospital on September 16. 

The police claimed that the cause of Ms. Amini’s death was a heart attack, against several eyewitness accounts and a social media statement issued by the hospital, indicating that Mahsa, whose Kurdish name was Jhina, was beaten repeatedly on the head inside a police van.  On September 19, the London-based news outlet “Iran International” published Ms. Amini’s medical records, including CT scans of her skull and chest, which were sent from a hacktivist group (activist hackers).  The medical images show a fractured skull, hemorrhage and brain edema as well as acute respiratory distress syndrome due to brain trauma, corroborating the witnesses’ accounts.  

Ms. Amini’s death spurred large-scale protests throughout the nation for women’s rights against the strict hijab rules and aggressive enforcement, and against the Islamic clerical rule.  According to the Norwegian human rights organization “Iran Human Rights,” the death toll from the nationwide protests has risen to 133 including women and children at the time of this post, including 41 victims in a single day when protestors were gunned down by the Iranian security forces on September 30.  The Friday rallies were also to protest the rape of 15-year-old girl of the Sunni minority by a local police chief.  The security forces have reportedly been using live ammunition, pellet guns and teargas against protesters. 

On September 20, in the wake of Ms. Amini’s death by alleged police brutality and amidst the violent response by the nation’s security forces against anti-government protests since her funeral on September 17, the UN’s Office of the High Commissioner for Human Rights (UN Human Rights Office) released a statement urging that “Mahsa Amini’s tragic death and allegations of torture and ill-treatment must be promptly, impartially and effectively investigated by an independent competent authority.” 

The UN Human Rights Office notes that it has received numerous, and verified, videos of violent treatment of women, including slapping women across the face, beating them with batons and throwing them into police vans, as the Morality Police have expanded street patrols in a campaign to crackdown on “loose hijab.”  The UN Human Rights Office also condemned the unnecessary or disproportionate use of force against protesters, and called on Iran to respect the right to peacefully exercise freedom of expression, assembly and association as a state party to the International Covenant on Civil and Political Rights

New Targeted U.S. Economic and Trade Sanctions

Following President Biden’s speech in the UN General Assembly on September 21 regarding the police brutality against women in Iran and the subsequent anti-government protests, in which he states: “[W]e stand with the brave citizens and the brave women of Iran, who right now are demonstrating to secure their basic rights,” the Department of the Treasury’s Office of Foreign Assets Control (OFAC) immediately adopted two measures, one against the Iranian government and the other in support of the Iranian people.

On September 22, pursuant to Executive Order 13553 of President Barack Obama, OFAC designated Iran’s Morality Police a human rights-abusing organization for the murder of Ms. Amini and its abuse and violence against Iranian women more generally, as well as the violation of the human rights of peaceful Iranian protestors.  Seven senior leaders of the nation’s security forces were designated as well, based on their routine use of unnecessary and excessive violence against peaceful protesters, civil and women rights activists, political dissidents and members of minority groups.

OFAC maintains the Specially Designated Nationals and Blocked Persons List (SDN).  With the SDN designation, all property and property interests of subject parties located in the United States or possessed or controlled by any U.S. persons must be blocked and prohibited for all dealings via any U.S. persons or U.S transactions.  Any entities that engage in financial transactions with the designated parties are penalized with a secondary designation.  Further, any foreign financial institutions that facilitate a significant transaction or provides significant financial services to the designated parties could be subject to U.S. correspondent or payable-through account sanctions (the “CAPTA List”).

Following the economic sanctions against Iran’s security forces, on September 23, OFAC issued Iran General License (GL) D-2, in response to the Iranian government’s Internet shutdown to suppress the nationwide anti-government protests, preventing most of its 80 million citizens from accessing the Internet.  OFAC’s general licenses authorize activities that would otherwise be prohibited pursuant to various U.S. sanction programs.  General licenses allow all US persons to engage in the activity described in the general license without needing to apply for a specific license. 

GL D-2 effectively provides exemption from the prohibitions of the Iranian Transactions and Sanctions Regulations with regard to communication software, hardware and services.  GL D-2 is a replacement of the former Iran General License D-1 issued in March 2014.  GL D-2 was intended to offer the Iranian people more options of secure outside platforms and services for Internet access and authorized a more expansive set of internet communication-related activities, including cloud-based software and services.   

In the digital age, with help from social media, protests over the death of Ms. Amini quickly spread outside Iran.  On October 1, rallies were held in 150 cities worldwide in solidary with Iranians