United States Department of the Treasury Office of Foreign Assets Control Office of Global Targeting The Petition/Removal Process November 1, 2017
Petitioning OFAC for Removal Know the facts of the case and of the Executive Order or statute Know the correspondence timeline -- 90 days to respond to a request from OFAC
Removals from SDN list In a typical year, OFAC removes several hundred individuals and entities from the Specially Designated Nationals and Blocked Persons List (SDN List). Each removal is based on a thorough review by OFAC that evaluates every request for removal individually on its merits.
New Petitions FAQs Page In 2017, OFAC added a Frequently Asked Questions Page to our website.
New Petitions FAQs Page Do I need to hire an attorney in order to file a petition for removal? No. OFAC accepts petitions directly from listed persons or from their representatives.
Removals from SDN list The removal of a person from a sanctions list based a change represents a successful use of sanctions. The integrity of U.S. sanctions depends on a rigorous and consistent process to evaluate petition requests.
License for Representing SDN s With a Delisting Request In almost all of its sanctions programs, OFAC has issued general licenses (GLs) authorizing the provision of certain legal services to SDNs, including representation of SDNs in connection with delisting requests.
License for Payment by SDN Receipt of payment for legal services from sources outside of the United States is authorized by GL in many programs, and is routinely authorized by specific license in others. See e.g. 594.517 (general license), 598.507 (specific license). Even if the person making the payment to the lawyer is not the SDN (such as a friend, family member or other interested party), the lawyer must still be licensed by OFAC to receive payment for acting on behalf of the SDN because the SDN has an interest in the services that the lawyer is providing. Check the program specific regulations for details concerning what kinds of payments are acceptable.
Who has standing to apply? 501.807 Procedures governing delisting from the Specially Designated Nationals and Blocked Persons List. A person may seek administrative reconsideration of his, her or its designation or that of a vessel as blocked, or assert that the circumstances resulting in the designation no longer apply, and thus seek to have the designation rescinded. OFAC accepts delisting petitions from SDNs and their legal representatives. A third party, such as a foreign government, may not generally apply on behalf of an SDN.
Basis for Removal A petitioner may submit arguments or evidence that they believe establishes that an insufficient basis exists for the listing or that the circumstances resulting in the listing have changed pursuant to 31 C.F.R. 501.807 Procedures governing delisting from the Specially Designated Nationals and Blocked Persons List. Examples: Positive change in behavior Insufficient basis for designation Basis for the designation no longer exists
How Long Does the Petitions Process Take? It Depends Every petition seeking reconsideration is unique Petitioners must demonstrate either an insufficient basis for the listing action or that the circumstances resulting in the listing no longer apply, as set forth in our regulations (31 C.F.R. 501.807) If needed, OFAC endeavors to send a questionnaire within 90 days from the date the petition is received by OFAC The entire process can be quite lengthy You may email OFAC.Reconsideration@treasury.gov for an update at anytime
Reinvestigating Facts of the Case Sources of Information May Include: US and foreign law enforcement reports Intelligence Reports Statements/interviews Corporate records (Chamber of Commerce, etc.) Indictments or court transcripts (foreign or domestic) Interagency reports Information provided by petitioner or other petitioners (in writing or interview)
If Petition for Removal is Denied, Can I Reapply? Yes. A petitioner may reapply using the same process. If a petitioner reapplies without presenting new evidence or arguments, including but not limited to showing that the circumstances have changed since the previous denial, OFAC will summarily deny the application.
Judicial Review of Classified Evidence? When classified information needs to be submitted to a reviewing court it is done ex parte and in camera. The basis for this submission is IEEPA, the authority for the majority of OFAC s sanctions programs, which explicitly provides for the in camera ex parte review of classified evidence by the court.
Questions? 15