It is obvious that sanctions are used as a foreign policy tool. Particularly the main motivation behind the all sanctions is to change the behavior of the counter party who is subject to sanctions. The recent foreign policy of the USA includes the option of sanction tool available against Turkey. The current condition in terms of the regulations in US is the main topic of this writing and the all political discussions behind these regulations are out of the scope.
The Executive Order 13894 DD. 14/Oct/2019 had been extended one year till October 2021. The conditions of the executive order could be seen one of my previous writings in here. The EO gives wide authorities to the Department of Treasury and the Department of State for implementing sanction to determined officials, subdivision, agency, or instrumentality of the Government of Turkey. The authority also involves implementing sanctions on any determined sector in Turkey. The sectoral sanction, which prohibit the transaction within the sanctioned country, has been seen against Russia and Iran in current years.
Apart from the above mentioned EO, a new sanction set has been seen via a section in the new year National Defense Authorization Act (NDAA 2021) , which is recently in the US Congress. While the Congress finishes up the act , approval of US President is needed to implement it.
The sec. 1241 of the NDAA named ” Determination and Imposition of Sanctions with Respect to Turkey’s Acquisition of the s-400 Air Defense System” could make the new sanctions available for Turkey. In the Sec. it is clearly mentioned as follows:
” …Not later than 30 days after the date of the enactment of this Act, the President shall impose five or more of the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to each person that knowingly engaged in the acquisition of the S-400 air defense system…” (NDAA 2021 Sec.1241 -c)
Also the President have been authorized not to impose sanctions if Turkey no longer possesses the S-400 air defense systems. (NDAA 2021 Sec.1241 e)
We need to check the sanction possibilities via checking 12 sanctions listed in the sec 235 of The Countering America’s Adversaries Through Sanctions Act at least 5 of them could be imposed :
(1) EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO SANCTIONED
PERSONS.—The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the sanctioned person.
(2) EXPORT SANCTION.—The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the sanctioned person.
(3) LOANS FROM UNITED STATES FINANCIAL INSTITUTIONS.— The President may prohibit any United States financial institution from making loans or providing credits to the sanctioned person totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.
(4) LOANS FROM INTERNATIONAL FINANCIAL INSTITUTIONS.— The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the sanctioned person.
(5) PROHIBITIONS ON FINANCIAL INSTITUTIONS.—The following prohibitions may be imposed against the sanctioned person if that person is a financial institution:
(A) PROHIBITION ON DESIGNATION AS PRIMARY DEALER.—Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) PROHIBITION ON SERVICE AS A REPOSITORY OF GOVERNMENT FUNDS.—The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of subsection (b), and the imposition of both such sanctions shall be treated as two sanctions for purposes of subsection (b).
(6) PROCUREMENT SANCTION.—The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.
(7) FOREIGN EXCHANGE.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest.
(8) BANKING TRANSACTIONS.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person.
(9) PROPERTY TRANSACTIONS.—The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest;
(B) dealing in or exercising any right, power, or privilege with respect to such property; or
(C) conducting any transaction involving such property.
(10) BAN ON INVESTMENT IN EQUITY OR DEBT OF SANCTIONED PERSON.—The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person.
(11) EXCLUSION OF CORPORATE OFFICERS.—The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the sanctioned person.
(12) SANCTIONS ON PRINCIPAL EXECUTIVE OFFICERS.—The President may impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.
Abdurrahman ÖZBEK
SANCTION OBSERVER 
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