Frequently Asked Questions

62. What should an insurer do if an applicant for a policy, or the underlying insured activity, is subject to OFAC sanctions?

62 … Insurance industry participants, including underwriters, brokers, and agents, are responsible for compliance with OFAC sanctions throughout the lifecycle of their involvement with an insurance policy or other product or service. If a U.S. insurer receives an application for a policy from a… Read more

63. What should an insurer do if it discovers that a policyholder or a named beneficiary is added to OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) or located in a jurisdiction subject to sanctions?

63 … If an existing policyholder or a named beneficiary is blocked by OFAC and the provision of insurance services is not authorized or exempt, then the insurer is required to block the policy or relevant portion of the policy (e.g., the individual's policy under a group health insurance plan),… Read more

64. If an insurance policy is held by the employer on behalf of its employees, is it permissible for an insurer to maintain the policy if it covers a blocked person on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List), since the insurer is transacting only with the employer and not with the blocked person?

64 … If an insurer has knowledge that a person covered under a group policy, for example a worker's compensation policy, is blocked pursuant to OFAC sanctions, the insurer’s coverage of that person pursuant to the worker's compensation policy is blocked. If a claim is made under the blocked portion… Read more

65. How frequently is an insurer expected to screen its databases for OFAC compliance?

65 … OFAC may impose civil penalties for sanctions violations based on strict liability, meaning that a person subject to U.S. jurisdiction may be held civilly liable even if such person did not have knowledge that it was engaging in a transaction that was prohibited under sanctions laws and… Read more

102. How can an insurer or reinsurer participate in worldwide insurance markets through global insurance policies if, by definition, coverage extends to potential risks in sanctioned countries?

102 … The best and most reliable approach for issuing policies with global risk coverage without violating U.S. sanctions law is to include a clause ensuring there is no coverage for risks that violate U.S. sanctions law. The exact wording of such clauses may vary depending on the type of policy (e… Read more

103. What if market circumstances of the relevant commercial setting do not permit the use of a U.S. sanctions-specific exclusionary clause?

103 … OFAC recognizes that U.S. insurers and reinsurers often compete in international markets where non-U.S. insurers are willing and able to issue global insurance policies without an exclusion that applies to U.S. sanctions, or where such clauses may be prohibited under local law. In cases where… Read more

14. Can I regard previously issued and published opinion letters, regulatory interpretations, or other statements as guidance for my transactions?

14 … Great care should be taken when placing reliance on such materials to ensure that the transactions in question fully conform to the letter and spirit of the published materials and that the materials have not been superseded. … Can I regard previously issued and published opinion letters,… Read more

15. Can OFAC change its previously stated, non-published interpretation or opinion without first giving public notice?

15 … Yes. OFAC, therefore, strongly encourages parties to exercise due diligence when their business activities may touch on an OFAC-administered program and to contact OFAC if they have any questions about their transactions. … Can OFAC change its previously stated, non-published interpretation or… Read more

468. How do I verify the authenticity of an OFAC document?

468 … If you have questions about the authenticity of an OFAC-issued document that is not publicly posted on OFAC’s website, you may contact OFAC and reference the specific case ID or FAC number that is included on the document. For specific licenses, please visit OFAC’s Licensing Portal and select… Read more

469. Does OFAC issue certificates of non-inclusion, or issue a so-called "safe list" to help prove that an entity or individual is not on one of OFAC’s sanctions lists?

469 … No. OFAC does not issue non-inclusion certificates to show an entity or individual is not listed on one of OFAC’s sanctions lists, nor does OFAC publish a “safe list.” For questions regarding whether a specific entity or individual may be a positive match to an entry on one of OFAC’s… Read more

Frequently Asked Questions

Office of Terrorism and Financial Intelligence