Whether the United States Department of the Treasury's Office of Foreign Assets Control acted beyond the scope of its statutory authority under the International Emergency Economic Powers Act

QUESTION PRESENTED In 2018, the United States Department of the Treasury’s Office of Foreign Assets Control designated Oleg Deripaska under Executive Orders 13661 and 13662. According to its press release announcing the designation, the United States Department of the Treasury stated that it undertook the designation action “in response to [Russia’s] worldwide malign activity.” However, Russia’s “worldwide malign activity” does not constitute the threat for which a national emergency has been declared for purposes of Executive Orders 13661 and 13662. The question presented is whether the United States Department of the Treasury’s Office of Foreign Assets Control acted beyond the scope of its statutory authority under the International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq., when it utilized the authorities set forth in Executive Orders 13661 and 13662 to impose sanctions on Oleg Deripaska in response to a threat for which no national emergency had been declared.