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OFAC Lawyers

The Office of Foreign Assets Control (OFAC) can designate individuals, companies, and assets with little warning — freezing funds and cutting access to the global financial system. Our OFAC lawyers challenge designations, pursue SDN list removals, and defend clients before U.S. Treasury.

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OFAC Lawyers — SDN List Removal and Designation Challenge

Our OFAC Legal Process

Our OFAC lawyers begin with a full assessment of the designation — reviewing the Federal Register notice, identifying the stated legal basis, and evaluating available grounds for administrative reconsideration under 31 C.F.R. § 501.807. We prepare a comprehensive administrative petition to OFAC’s Office of Global Targeting, supported by evidence and legal memoranda.

In parallel, we assess the viability of judicial review in the U.S. courts under the Administrative Procedure Act, and where applicable, advise on related EU, UK, or UN sanctions designations that may have been triggered by the OFAC listing. Many of our clients face simultaneous OFAC, EU, and UK sanctions — requiring a coordinated multi-jurisdictional strategy.

We serve clients from Russia, the UAE, Ukraine, Turkey, and Latin America facing OFAC designations under the Russia/Ukraine, Global Magnitsky, and Counter Narcotics programmes. Contact us at +357 96 447475 for an urgent assessment.

The OFAC SDN Removal Process: Step by Step

Removal from the OFAC Specially Designated Nationals (SDN) list is a formal administrative process that requires careful preparation and legal strategy. Our lawyers guide clients through every stage:

Assessment — review of the designation rationale, supporting evidence and legal basis under the relevant Executive Order
Administrative reconsideration — filing a formal reconsideration request with OFAC’s Office of Global Targeting, presenting new evidence and legal arguments
Compliance programme — where appropriate, demonstrating changed circumstances, divestment from prohibited activities, or settlement of underlying violations
Legal action (if required) — judicial review in federal court challenging the designation on procedural or constitutional grounds
Licensing — pending delisting, applying for specific licences to unblock essential transactions

The average OFAC reconsideration process takes 6–18 months. Our lawyers have experience in expediting the process and in securing interim licences to allow essential transactions during the review. Contact us at +357 96 447475.

Secondary Sanctions: Protecting Third Parties and Business Partners

OFAC secondary sanctions do not require a direct nexus to the United States — non-US companies and individuals can be designated for transactions with primary sanctioned parties. Our lawyers advise on:

Risk assessment for non-US entities — identifying exposure to secondary sanctions from business relationships with SDN-listed persons
De-risking strategies — restructuring corporate arrangements to reduce secondary sanctions exposure
Voluntary self-disclosure — where violations have already occurred, managing OFAC disclosure to mitigate penalties
OFAC general and specific licences — applying for authorisations to continue legitimate transactions

We represent clients from Russia, Ukraine, Turkey, UAE and Latin America who face secondary sanctions risk. Free initial consultation: +357 96 447475.

OFAC Sanctions and Interpol: How They Interact

OFAC sanctions and Interpol Red Notices are distinct legal instruments, but they are frequently issued in parallel against the same individual. US law enforcement may request an Interpol Red Notice for a sanctioned person, creating a compound enforcement problem:

OFAC designation freezes US-linked assets and cuts the individual off from the US financial system
A parallel Interpol Red Notice restricts international travel and creates arrest risk in 196 member states
Some countries have domestic legislation implementing both US sanctions and Interpol notices simultaneously

Intercollegium handles both OFAC and Interpol proceedings, offering coordinated legal strategy that addresses both sanctions removal and Red Notice challenge in parallel. Call us at +357 96 447475 for a comprehensive assessment.

The OFAC Delisting Process: Step by Step

Removing a name from the SDN list — known as delisting — requires a formal petition to OFAC demonstrating that the grounds for designation no longer apply. The process is demanding, detail-intensive, and typically requires experienced legal counsel:

1. File an administrative reconsideration request: Under 31 C.F.R. § 501.807, a designated person may petition OFAC for reconsideration. The petition must present new evidence, arguments, or changed circumstances that undermine the original designation basis.
2. Engage politically: For politically sensitive designations, it may be necessary to engage with the relevant US government department or congressional representatives in parallel with the legal process.
3. Address the underlying conduct: OFAC looks for genuine remediation — evidence that the designated party has severed relationships with sanctioned entities, reformed corporate structures, or otherwise addressed the conduct that led to designation.
4. Submit humanitarian and proportionality arguments: Where designation causes disproportionate harm — including to third parties, employees, or dependents — these arguments are formally addressed in the petition.
5. Judicial review: If the administrative reconsideration fails, federal court review is available. Our firm works with US co-counsel on federal court challenges to OFAC designations.

The average OFAC delisting process takes 12–36 months. Early and well-prepared legal action gives clients the best prospects for a successful outcome. Contact us for a free initial assessment: +357 96 447475.

Why Russian, Ukrainian and CIS Nationals Face OFAC Risk

Since 2014, and dramatically accelerating after February 2022, OFAC has designated thousands of Russian and Ukrainian nationals under programmes including RUSSIA, UKRAINE-EO13685, and PEESA. These designations affect not just direct Russian state actors but also businesspeople, shareholders, and family members connected to designated individuals.

Common scenarios our clients face include:

Shareholder or board member of a designated company: Even minority shareholders may face designation risk if the primary designation is based on company ownership or control
Business partner of an SDN-listed person: Individuals who have conducted transactions with designated persons may face material support or facilitation designations
Family members of senior officials: OFAC has increasingly designated family members of senior Russian government and military officials under EO 14024
Dual-use export violations: Companies and individuals involved in supplying controlled technology or goods to Russia face parallel OFAC and BIS (Bureau of Industry and Security) designations

Intercollegium represents clients navigating OFAC risk from offices in Limassol, Cyprus — a jurisdiction with strong legal protections and significant expertise in Russian and CIS international legal matters. Call us at +357 96 447475.

Frequently Asked Questions

Can OFAC designate someone without any prior notice or hearing?

Yes. OFAC operates under an ex parte system, meaning designations are imposed without advance notice or opportunity to respond. The Treasury Department justifies this approach on national security grounds — providing warning would allow targets to move assets before freezing. Designated parties only learn of their status when it appears in the Federal Register or when banks begin blocking transactions. This lack of pre-deprivation process has been challenged constitutionally, but U.S. courts have largely upheld OFAC’s authority. The remedy is post-designation administrative reconsideration, which places the burden on the designated party to disprove the government’s case.

How long does OFAC typically take to respond to a delisting petition?

OFAC has no statutory deadline for responding to administrative reconsideration requests. In practice, responses range from 6 months to over 3 years, depending on the sanctions programme, the complexity of the case, and geopolitical factors. Russia-related designations currently experience the longest delays due to volume and policy considerations. OFAC may request additional information during review, which resets informal timelines. There is no mechanism to compel a faster response administratively, though filing for judicial review under the Administrative Procedure Act can sometimes accelerate agency action by forcing OFAC to defend its position in court.

Will my non-U.S. bank unfreeze accounts if OFAC removes me from the SDN list?

Delisting removes the legal obligation for U.S. persons and institutions to block your assets, but foreign banks often maintain their own risk policies. Many international banks — particularly those with U.S. correspondent relationships — conduct independent due diligence and may require additional documentation before restoring services. Some institutions impose extended monitoring periods or decline to re-establish relationships altogether based on reputational risk assessments. Obtaining a formal OFAC delisting letter and presenting it with supporting compliance documentation typically helps, but there is no guarantee of automatic account restoration with non-U.S. financial institutions.

Can U.S. citizens or companies apply for a licence to transact with me while I remain designated?

Yes. OFAC issues specific licences authorising otherwise prohibited transactions with SDN-listed parties under 31 C.F.R. Part 501. Common grounds include payment of legal fees, humanitarian transactions, wind-down of pre-existing contracts, and family maintenance. Licence applications must detail the transaction, parties involved, and justification. Processing times vary from weeks to several months. Licences are discretionary — OFAC denies applications that would undermine sanctions policy objectives. General licences published in programme regulations may also authorise certain categories of transactions without individual application, though these are narrowly defined and must be carefully reviewed for applicability.

Does being designated by OFAC automatically trigger EU or UK sanctions?

No. OFAC, EU, and UK sanctions are legally independent regimes. However, significant overlap exists in practice — particularly under coordinated programmes targeting Russia, Belarus, and human rights violators. EU and UK authorities monitor OFAC designations and may impose parallel listings based on shared intelligence or policy alignment. The legal criteria differ: EU sanctions require Council decisions with specific evidentiary standards, while UK designations follow the Sanctions and Anti-Money Laundering Act 2018. A successful OFAC delisting does not automatically result in EU or UK removal. Each jurisdiction requires separate challenge proceedings before its competent authority or court.