• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Reinsurance Regulation / FEDERAL LEGISLATIVE UPDATE – NEW IRAN SANCTIONS COVER INSURERS AND REINSURERS

FEDERAL LEGISLATIVE UPDATE – NEW IRAN SANCTIONS COVER INSURERS AND REINSURERS

July 20, 2010 by Carlton Fields

H.R. 2194, the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 (“CISADA”) (bill text and bill summary) was passed by Congress on June 24, 2010 and signed into law by President Obama on July 1, 2010. An earlier iteration of the bill, the Iran Refined Petroleum Sanctions Act of 2009, was reported in our posting of December 22, 2009.

CISADA strengthens existing trade sanctions, authorizes new ones and supports the US’s multilateral diplomatic strategy to address Iran’s nuclear program. Among other things, CISADA amends and expands the Iran Sanctions Act of 1996 (“ISA”) to impose enhanced sanctions against Iran, which to an extent covers insurers and reinsurers, unless otherwise excepted by the new legislation.

CISADA, as it expressly applies to insurance and reinsurance, requires the President to impose three or more mandatory sanctions against a person that knowingly sells, leases, or provides to Iran goods, services, technology, information or support with a fair market value exceeding $1 million, or $5 million or more over a 12-month period, that could directly and significantly contribute to the enhancement of Iran’s ability to import refined petroleum products. CISADA defines the phrase “goods, services technology, information or support” to include underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services technology, information, or support.

CISADA, however, includes an exception for underwriters and insurance providers exercising due diligence. In order to avoid sanction, the President must determine that the underwriter or insurance provider has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that it does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease or provision of goods, services, technology, information or support that is prohibited by CISADA.

On a related note, while the California Insurance Commissioner continues to call for divestment of insurance company investments in multinational companies that do business in Iran, insurers licensed to do business in California are questioning the authority of the Commissioner. CISADA expressly authorizes state and local governments to provide for divestment of its assets from, or prohibit the investment of their assets in, companies with investment activities in Iran’s energy sector. Such authorization, however, does not appear to cover insurance-related divestment measures of the type being taken by the California Insurance Commissioner; although, CISADA does not contain any express language that would appear to preempt measures like the one being taken by California.

This post written by Karen Benson.

Share
Share on Google Plus
Share
Share on Facebook
Share
Share this
Share
Share on LinkedIn

Filed Under: Reinsurance Regulation

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.