On April 5, 2021, President Biden revoked Executive Order 13928 “Blocking Property of Certain Persons Associated with the International Criminal Court” (the “ICC EO”), which authorized the imposition of sanctions and visa restrictions on non-US ICC officials. The US Treasury Department’s Office of Foreign Assets Control concurrently removed two senior ICC officials from the Specially Designated Nationals and Blocked Persons List (“SDN List”), including Fatou Bensouda, the ICC’s chief prosecutor.

The ICC EO was signed by President Trump in June 2020, and authorized the designation of non-US persons as SDNs if they were determined to have engaged in efforts by the ICC to investigate, arrest, detain, or prosecute any US or allied government personnel without the consent of the United States or the allied government. In September 2020, OFAC designated the two senior ICC officials as SDNs.