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Situation report for companies, Blockades directly

Payments and foreign sanctions lists: what was settled in 2026 and what is still open

· Helfen statt Blockieren editorial team

Many companies experience sanctions not as a ban but as a transfer that never arrives. In 2026 the European Court of Justice drew a line, while the United States extended its lists to new targets. A situation report on banks, accounts and third-country lists.

What the Court decided

On 11 June 2026, in Case C-81/24, the European Court of Justice ruled that a bank in the EU may not refuse a consumer a basic payment account solely because the consumer appears on a third country’s sanctions list, such as that of the US Office of Foreign Assets Control (OFAC). The listing may be one factor, but a documented, individual assessment under anti-money-laundering rules is required. The judgment concerns consumers and basic accounts, not business accounts directly. It sits alongside the 2021 Bank Melli judgment (C-124/20) on the Blocking Statute, under which courts may require a termination to rest on grounds other than the US sanctions.

What was added in 2026

On 9 October 2026 the United States listed the International Criminal Court as an institution, with a six-month transition period. European banks now face the question of whether to keep accounts for a court the EU supports. Belgium asked the Commission to prepare a possible activation of the Blocking Statute; member states are divided on this.

For Cuba, US Executive Order 14404 of 1 May 2026 allows sanctions on foreign companies in energy, defence, mining, finance and security, and on foreign financial institutions that conduct significant transactions for listed persons. This increases the pressure on European banks. At the same time, the failures of the Cuban leadership also slow trade and aid; they include the detention of political prisoners documented by Amnesty International.

What applies day to day

Since 9 January 2025, payment service providers in the euro area must screen their customers against EU sanctions lists at least daily instead of checking every instant transfer individually (Regulation (EU) 2024/886). The EU lists are the benchmark. Whether a bank also applies US lists is its own business decision, and for Cuba and Iran the Blocking Statute sets limits to that decision.

  • State the purpose of every foreign payment briefly and completely, with invoice and description of goods.
  • If a payment is refused, ask in writing for the reason: a legal duty under EU law, or the bank’s own risk decision?
  • If the refusal concerns US law relating to Cuba or Iran, clarify the duties under the Blocking Statute with your own legal adviser.

This report is not legal advice for individual cases.

Sources

All online sources accessed on 3 November 2026.

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