Tariffs, Sanctions, and the Limits of Emergency Power with Rachel Alpert

National Security Law Today

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