Permits in the sanction’s governance of the United States and the United Kingdom: OFAC and OFSI approaches and prospects for Ukraine

The article examines the relevant aspects of development and implementation of the mechanisms for granting authorizations for actions prohibited by sanctions. It is proved that an efficiently established system of permit administration is a key element of a balanced sanctions regime, as it helps to achieve a balance between ensuring sanctions pressure and normal functioning of the economy, minimizes the risks of human rights violations, and increases the overall effectiveness of the state's sanctions policy. The author highlights the features of such a mechanism in the sanctions policy systems of the United States and the United Kingdom. The author demonstrates the effectiveness of the combination of general and special permits, a clear procedure for their issuance and transparent grounds for refusal or termination of an already issued permit by using the example of administering the permit system through the activities of the authorized bodies, namely OFAC and OFSI. It is determined that general permits are issued mainly to resolve basic economic, social and humanitarian issues, while special permits are issued when a particular transaction requires individual approval or involves specific restrictive measures. The author emphasizes that in the context of a significant expansion of the list of sanctioned entities, the planned criminalization of sanctions violations, and Ukraine's desire to improve its sanctions policy, the introduction of a permit system is of particular relevance. The author emphasizes the importance of taking into account the experience of the United States and the United Kingdom in granting permits for actions prohibited by sanctions, in particular, the availability of detailed rules for submitting applications, decision-making criteria, and mechanisms for monitoring the proper use of issued permits. This will help to minimize abuse and corruption risks when introducing similar mechanisms in Ukraine and, at the same time, guarantee a balanced application of sanctions pressure