What is OFAC and what does it do?
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions against targeted foreign jurisdictions and regimes, as well as individuals and entities engaging in harmful activity, such as terrorists, international narcotics traffickers, weapons of mass destruction proliferators, and other malign actors, in response to threats to the national security, foreign policy, or economy of the United States. OFAC sanctions take various forms, from blocking the property of specific individuals and entities to broadly prohibiting transactions involving an entire country or geographic region, such as through a trade embargo or prohibitions related to particular sectors of a country’s economy.
Read more about OFAC’s history on the About OFAC page on OFAC’s website.
Date Updated: August 21, 2024.
How long has OFAC been around?
The Treasury Department has a long history of dealing with sanctions. Dating back prior to the War of 1812, Secretary of the Treasury Gallatin administered sanctions imposed against Great Britain for the harassment of American sailors. During the Civil War, Congress approved a law which prohibited transactions with the Confederacy, called for the forfeiture of goods involved in such transactions, and provided a licensing regime under rules and regulations administered by Treasury.
OFAC is the successor to the Office of Foreign Funds Control (the "FFC''), which was established at the advent of World War II following the German invasion of Norway in 1940. The FFC program was administered by the Secretary of the Treasury throughout the war. The FFC's initial purpose was to prevent Nazi use of the occupied countries' holdings of foreign exchange and securities and to prevent forced repatriation of funds belonging to nationals of those countries. These controls were later extended to protect assets of other invaded countries. After the United States formally entered World War II, the FFC played a leading role in economic warfare against the Axis powers by blocking enemy assets and prohibiting foreign trade and financial transactions.
OFAC itself was formally created in December 1950, following the entry of China into the Korean War, when President Truman declared a national emergency and blocked all Chinese and North Korean assets subject to U.S. jurisdiction.
What kinds of prohibitions does OFAC impose?
Each OFAC sanctions program is based on different foreign policy and national security goals, so the prohibitions imposed may vary between programs. Many sanctions programs require blocking the property and interests in property of specific individuals and entities and prohibit dealing in such blocked property. (For more information, see FAQ 9.) OFAC sanctions prohibitions may also take many other forms that do not require blocking but prohibit U.S. persons from engaging in certain trade or financial transactions and other dealings unless authorized by OFAC or exempted by statute. Non-U.S. persons are also subject to certain OFAC prohibitions. For example, non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to violate U.S. sanctions, as well as engaging in conduct that evades U.S. sanctions. For information on specific prohibitions, authorizations, or exemptions under a particular OFAC sanctions program, please see the relevant OFAC implementing regulations and the Sanctions Programs and Country Information page on OFAC’s website.
Date Updated: August 21, 2024.
Are there exceptions to sanctions prohibitions? Are exceptions the same across sanctions programs?
Yes. There may be exceptions to sanctions prohibitions. Exceptions may take the form of authorizations, such as general licenses and specific licenses, or exemptions.
OFAC issues general licenses in most of its sanctions programs to authorize certain transactions that would otherwise be prohibited, such as transactions related to humanitarian activities or official business of the U.S. government. General licenses are self-executing, meaning they allow persons to engage in certain transactions involving the United States or U.S. persons without needing to apply for a specific license provided the transactions meet certain terms and conditions as described in the general license.
OFAC may also issue specific licenses on a case-by-case basis. In contrast to general licenses, which authorize certain transactions for all persons who meet the conditions described in the license, specific licenses only authorize the licensee(s) to engage in certain transactions that would otherwise be prohibited. For guidance on how to request and apply for a specific license, please see 31 CFR § 501.801 and the License Application page on OFAC’s website.
Exceptions may also take the form of exemptions, meaning certain types of transactions are exempt from sanctions and therefore not prohibited. For example, in certain sanctions programs transactions involving personal communications, humanitarian donations, information or informational materials, and travel are exempt from relevant prohibitions.
Most OFAC sanctions programs have certain exceptions, but exceptions may vary in type and scope across different sanctions programs. For information on the authorizations or exemptions under a particular OFAC sanctions program, please see the relevant OFAC implementing regulations and the Sanctions Programs and Country Information page on OFAC’s website.
Date Updated: August 21, 2024.
Where can I find specific details about a particular sanctions program?
References to relevant statutes, executive orders, regulations, guidance, general licenses, and sanctions actions for each sanctions program may be found in the Sanctions Programs and Country Information page on OFAC’s website. The OFAC Legal Library page on OFAC’s website also contains links to the relevant legal authorities, including statutes, executive orders, and the Code of Federal Regulations, where specific OFAC sanctions regulations can be found.
Date Updated: August 21, 2024.
If I want to engage in a transaction or activity prohibited by OFAC, how can I do so? Can I rely on a general or specific license to engage in a transaction involving a sanctioned jurisdiction or person?
OFAC issues general licenses to authorize certain transactions that would otherwise be prohibited pursuant to a particular sanctions program. These general licenses are self-executing, meaning they allow persons to engage in certain transactions involving the United States or U.S. persons without needing to apply for a specific license, provided the transactions meet certain terms and conditions as described in the general license. In addition, some categories of activities, such as personal communications and transactions ordinarily incident to travel, may be exempt from sanctions in certain programs. Subject to sanctions program-specific considerations, non-U.S. persons do not generally risk being sanctioned for engaging in or facilitating transactions for which a U.S. person would not require a specific license.
If you seek to engage in a prohibited transaction involving a U.S. person or blocked property and there is no applicable general license or exemption, you may apply for a specific license from OFAC by submitting a license application. OFAC may grant, on a case-by-case basis, a specific license to authorize a person to engage in a transaction, or series of transactions, that otherwise would be prohibited by sanctions. For guidance on how to request and apply for a specific license, please see 31 CFR § 501.801 and the License Application page on OFAC’s website.
Date Updated: August 21, 2024.
What must I do to get permission to trade with an embargoed country?
In some situations, authority to engage in certain transactions is provided by means of a general license. In instances where a general license does not exist, a written request for a specific license must be filed with OFAC. The request must conform to the procedures set out in the regulations pertaining to the particular sanctions program. Generally, application guidelines and requirements must be strictly followed, and all necessary information must be included in the application in order for OFAC to consider an application. For an explanation about the difference between a general and a specific license as well as answers to other licensing questions, see the licensing questions section.
To apply for a specific license, please go to our License Application Page.
What does OFAC mean when it refers to "blocked" property? How does OFAC define “property”?
"Blocking" refers to freezing assets or other property. Blocking immediately imposes an across-the-board prohibition against transfers or dealings of any kind with regard to the property.
OFAC authorities may require U.S. persons to block all property and interests in property of certain persons, known as "blocked persons." When this is the case, any property and interests in property of a blocked person that are within the United States or within the possession or control of a U.S. person must be blocked (i.e., "frozen")—not seized—and may not be transferred, withdrawn, or otherwise dealt in. Title to the blocked property remains with the blocked person, but the exercise of powers and privileges normally associated with ownership is prohibited without authorization from OFAC.
In addition, parties must report blocked property to OFAC within 10 business days of the property becoming blocked. Blocked persons include persons that appear on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List), foreign governments subject to blocking, and persons blocked pursuant to OFAC’s “50 Percent Rule.” For further information, see FAQ 401 and OFAC guidance on the "50 Percent Rule."
The term "property," as defined in various OFAC regulations, includes financial property (e.g., money, checks, savings accounts, stocks, bonds, debt, or any other financial instruments), real, tangible, and intangible assets (e.g., goods, merchandise, ships, land contracts, and real estate), and any other property or interests therein present, future, or contingent. For information on how OFAC defines property in a particular sanctions program, please see the relevant OFAC implementing regulations and the Sanctions Programs and Country Information page on OFAC’s website.
Date Updated: August 21, 2024.
What jurisdictions or countries are sanctioned by the United States?
OFAC implements, administers, and enforces U.S. sanctions across many jurisdictions. Some of these sanctions are comprehensive in nature and broadly prohibit most transactions involving the particular jurisdiction and may also include blocking restrictions on the government of such jurisdiction. These jurisdictions include both countries and certain geographic regions.
Other sanctions programs impose targeted sanctions on specific persons in relation to a particular jurisdiction or activity. For example, persons appearing on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) are blocked pursuant to OFAC regulations and authorities. U.S. persons are prohibited from engaging in transactions involving blocked persons wherever blocked persons are located, and all property of blocked persons within U.S. jurisdiction must also be blocked. For example, a person may be designated for engaging in malign activity, such as narcotics trafficking or terrorism. The names, and often aliases, of such designated persons are added to the SDN List, along with other identifying information. With limited exceptions, entities owned by a person on the SDN List (defined as a direct or indirect ownership interest of 50 percent or more) are also blocked, regardless of whether that entity is separately named on the SDN List. For further information, see FAQ 401 and OFAC guidance on the "50 Percent Rule."
Aside from the SDN List, OFAC publishes and maintains other sanctions lists that have different prohibitions associated with them. For example, OFAC’s Sectoral Sanctions Identification (SSI) List identifies persons operating in certain sectors that are subject to restrictions other than blocking. Note that the SSI List is not part of the SDN List; however, persons on the SSI List may also appear on the SDN List.
Sanctions programs may change frequently. It is important to check OFAC’s website on a regular basis to ensure that you have the most up-to-date information on OFAC prohibitions across sanctions programs, including OFAC’s various sanctions lists. OFAC’s Sanctions List Search tool can be used to search both the SDN List and all other OFAC sanctions lists. The OFAC Basics videos series provides further information on how to use OFAC’s Sanctions List Search tool. Please see the Sanctions Programs and Country Information page on OFAC’s website for information on specific OFAC sanctions programs.
Date Updated: August 21, 2024.
Who must comply with OFAC sanctions?
All U.S. persons must comply with OFAC sanctions, including all U.S. citizens and permanent residents regardless of where they are located, all individuals and entities within the United States, and all U.S. incorporated entities and their foreign branches. Terms such as "U.S. person" and "person subject to U.S. jurisdiction" are defined in the implementing regulations for a particular sanctions program in 31 CFR chapter V. (See e.g., 31 CFR § 560.314 (Iranian Transactions and Sanctions Regulations (ITSR)); 31 CFR § 598.318 (Foreign Narcotics Kingpin Sanctions Regulations). In the case of certain programs, foreign subsidiaries owned or controlled by U.S. persons also must comply. (See e.g., 31 CFR § 560.215 (ITSR); 31 CFR § 510.214 (North Korea Sanctions Regulations)). Non-U.S. persons are also subject to certain sanctions prohibitions. For example, non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to violate U.S. sanctions, as well as engaging in conduct that evades U.S. sanctions. Certain programs also require foreign persons reexporting certain goods, technology, or services from the United States to comply with U.S. sanctions, even if no U.S. persons are involved in the reexport.
Date Updated: August 21, 2024.
How much are the penalties for violating OFAC sanctions regulations?
Violations of OFAC-administered sanctions programs may result in civil and, in some cases, criminal penalties. Penalties for violations can be substantial. Civil penalties vary by sanctions program, and the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalty Inflation Adjustment Act Improvements Act of 2015, requires OFAC to adjust civil monetary penalty amounts annually. For current penalty amounts, see Appendix A to 31 CFR part 501—Economic Sanctions Enforcement Guidelines. For a list of select OFAC enforcement actions, organized by year, please see the Civil Penalties and Enforcement Information page on OFAC’s website.
Date Updated: August 21, 2024.
How can I report a possible violation of U.S. sanctions to OFAC? Will I receive "amnesty" if I report a possible violation to OFAC or if my failure to comply with U.S. sanctions was inadvertent?
OFAC encourages anyone who may have violated OFAC-administered sanctions programs, or anyone who is aware of potential violations, to disclose the apparent or potential violation to OFAC. Voluntary self-disclosure to OFAC is considered a mitigating factor by OFAC in enforcement actions, and pursuant to OFAC’s Economic Sanctions Enforcement Guidelines, will result in a reduction in the base amount of any proposed civil penalty.
Please submit all voluntary self-disclosures electronically to OFACDisclosures@treasury.gov. OFAC’s Economic Sanctions Enforcement Guidelines explain what constitutes a voluntary self-disclosure for purposes of receiving mitigation. Among other factors, the guidelines state that in addition to notification of an apparent violation, a voluntary self-disclosure must include, or be followed within a reasonable period of time by, a report of sufficient detail to afford OFAC a complete understanding of an apparent violation’s circumstances. When such a report is not included with an initial notification, OFAC will generally expect such a report within 180 days after the initial notification.
Please review OFAC’s Production Submission Standards, which detail OFAC’s preferred technical standards for formatting electronic document productions.
OFAC does not have an "amnesty" program. OFAC does, however, review the totality of the circumstances surrounding any apparent violation, including whether a matter was voluntarily self-disclosed to OFAC. Such disclosure may also support credit for cooperation. OFAC will also consider the existence, nature, and adequacy of a subject person’s risk-based OFAC compliance program at the time of the apparent violation. Please see OFAC’s Economic Sanctions Enforcement Guidelines and OFAC’s Framework for OFAC Compliance Commitments for additional information regarding voluntary self-disclosures and other mitigating factors, as well as OFAC’s general framework for the enforcement of its sanctions programs. For more information on OFAC’s enforcement process and self-disclosing violations, please see the Civil Penalties and Enforcement Information page on OFAC’s website.
Other U.S. government agencies, including the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) have their own disclosure procedures for voluntarily self-disclosing violations of U.S. sanctions and export control laws. Moreover, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) maintains a whistleblower incentive program for violations of OFAC-administered sanctions, in addition to violations of the Bank Secrecy Act. Individuals located in the United States or abroad who provide information may be eligible for awards, if the information they provide leads to a successful enforcement action that results in monetary penalties exceeding $1,000,000.
Date Updated: August 21, 2024.
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.
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.
What lists does OFAC maintain? Where can I find these lists?
OFAC publishes lists of individuals and entities that are subject to OFAC-administered sanctions. One such list is known as the List of Specially Designated Nationals and Blocked Persons List, or "SDN List," which is available on OFAC’s website. Property and interests in property of the individuals and entities on the SDN List, that is within the United States or within the possession or control of U.S. persons are blocked. Additionally, U.S. persons are generally prohibited from dealing with the individuals and entities on the SDN List.
It is important to note that some OFAC sanctions block categories of persons even if those persons do not appear on the SDN List, including most Cuban nationals, blocked foreign governments, or persons blocked pursuant to OFAC’s "50 Percent Rule" (i.e., any entity owned individually or in the aggregate, directly or indirectly, 50 percent or more by one or more blocked persons). The property and interests in property of such an entity are blocked regardless of whether the entity itself is listed on the SDN List.
In addition, OFAC maintains other sanctions lists of persons that are subject to non-blocking sanctions. These lists are also available on OFAC’s website. For information on specific prohibitions under a particular OFAC sanctions program, please see the relevant OFAC implementing regulations and the Sanctions Programs and Country Information page on OFAC’s website.
Date Updated: August 21, 2024.
I tried to ship a package and it was either "blocked" by a shipping company or returned to me because of "OFAC sanctions." Why? How do I get my package back?
A package may be blocked or rejected for multiple reasons. U.S. persons, including shipping companies, are required to "block" packages in which a person blocked by OFAC-administered sanctions has an interest. When a package is required to be "blocked" due to sanctions, the shipper must retain the package rather than return it to the sender. In other circumstances, sanctions may not require that the package be blocked, but a shipping company may have to return your package, or "reject" it. For example, if the package was destined for a location under a U.S. trade embargo and was not otherwise eligible to be shipped in accordance with an existing exemption or OFAC authorization, the shipping company may reject and return your package.
If your package was blocked due to OFAC sanctions, you may request authorization from OFAC for the blocked package to be released by submitting a License Application that includes a detailed description of the package’s contents and an explanation of the package’s air waybill or Customs Declaration and Dispatch form.
Please see the Sanctions Programs and Country Information page on OFAC’s website for more information on the restrictions on shipments to sanctioned jurisdictions.
Date Updated: August 21, 2024.
I tried to ship a package and it was "blocked" by the shipping company "due to OFAC sanctions." Why? And how can I get the package unblocked?
Shipping companies are required to "block" packages in which a Specially Designated National ("SDN") or other blocked person has an interest. When a package is required to be "blocked," the shipper must retain the package rather than reject and return it to the sender. Blocking is not required if a general or specific license from OFAC authorizes the shipper to reject or process the package, or if the transaction is otherwise exempted from the prohibitions based on the type or content of the package. To request a license for the package’s release, apply online or send a letter with a detailed description of the package’s contents and an explanation of the parties involved in the transaction, along with a copy of the package’s air waybill or Customs Declaration and Dispatch form, to:
U.S. Department of the Treasury
Office of Foreign Assets Control
Licensing Division
1500 Pennsylvania Avenue, NW
Washington, DC 20220
How do I verify the authenticity of an OFAC document?
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.
Date Updated: August 21, 2024.
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?
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 sanctions lists, please see FAQ 5 or the OFAC Basics Videos Series.
Date Updated: August 21, 2024.
What do Iran General License (GL) N-2, Syria GL 21B, and Venezuela GL 39B authorize with respect to the fight against the Coronavirus Disease 2019 (COVID-19)? How do these GLs differ from OFAC’s existing humanitarian exemptions, exceptions, and authorizations?
In order to further aid the global fight against COVID-19, OFAC has extended time-limited general licenses, Iran GL N-2, Syria GL 21B, and Venezuela GL 39B (together, the COVID-19-related GLs), to continue to provide broad authorizations for certain COVID-19-related transactions and activities. The general licenses expand upon longstanding humanitarian exemptions, exceptions, and authorizations in OFAC sanctions programs, which remain in effect (see OFAC’s June 14, 2023 Fact Sheet on the Provision of Humanitarian Assistance and Trade to Combat COVID-19 (originally issued April 16, 2020 and has since been updated every year)) to cover additional COVID 19-related transactions and activities. For example, Iran GL N-2 continues to allow for expanded authorizations under the Iran sanctions program to cover certain items that previously would have required a specific license for exportation or reexportation to Iran, such as certain COVID-19 testing or vaccine manufacturing equipment. Both U.S. persons and non-U.S. persons whose activities are within U.S. jurisdiction — including exporters, nongovernmental organizations, international organizations, and financial institutions — may rely upon the authorizations in these COVID-19-related GLs provided they meet the applicable conditions. All three GLs expire on June 14, 2024.
The COVID-19-related GLs provide authorization that is independent of OFAC’s other humanitarian-related authorizations. Accordingly, conditions and limitations included in other humanitarian-related authorizations do not apply to transactions and activities conducted pursuant to the COVID-19-related GLs, unless explicitly incorporated therein. For example, for sales to Iran of agricultural commodities, food, medicine, and medical devices pursuant to the general license in 31 C.F.R. § 560.530, payment terms and financing must be limited to and consistent with those authorized by 31 C.F.R. § 560.532. However, because Iran GL N-2 does not incorporate similar limitations on payment terms, COVID-19-related exports and reexports to Iran authorized by Iran GL N-2 are not subject to the payment terms in 31 C.F.R. § 560.532.
Prior to the expiration of the COVID-19-related GLs, OFAC may issue additional guidance, as appropriate. OFAC’s longstanding humanitarian exemptions, exceptions and authorizations in each of these sanctions programs will not be impacted by the expiration of these GLs. For transactions not otherwise authorized or exempt, OFAC considers license requests on a case-by-case basis and prioritizes applications, compliance questions, and other requests related to humanitarian support for people in areas subject to comprehensive sanctions.
Date Updated: June 14, 2023
For the purposes of Iran General License (GL) N-2 and Syria GL 21B, what are services related to the prevention, diagnosis, or treatment of the Coronavirus Disease 2019 (COVID-19)? What transactions and activities related to the export or, in the case of Iran GL N-2, import of these services are authorized?
For the purposes of Iran GL N-2 and Syria GL 21B, services related to the prevention, diagnosis, or treatment of COVID-19 include, for example: treatment of patients with suspected or confirmed COVID-19; training necessary for the safe and effective use, repair, or maintenance of goods for use in connection with the prevention, diagnosis, or treatment of COVID-19; water, sanitation, and hygiene promotion materials and supplies, and shelter activities to prevent or treat COVID-19, including Risk Communication and Community Engagement efforts related to COVID-19, and other goods and services, directly related to prevention or treatment of COVID-19; conduct of research into COVID-19; services necessary for the operation, maintenance, or repair of goods for use in connection with the prevention, diagnosis, or treatment of COVID-19; collaboration on the development or enhancement of information related to COVID-19 to the extent not authorized or exempt; development of medical devices or medicines to counteract COVID-19; conduct of clinical studies in connection with COVID-19; provision of public education in connection with COVID-19; and disposal of medical waste in connection with COVID-19, provided all conditions and limitations of Iran GL N-2 or Syria GL 21B are satisfied.
Transactions and activities related to the exportation or reexportation of such services include, for example: processing and transfer of funds; payment of taxes, fees, and import duties; purchase or receipt of permits, licenses, or public utility services; making of shipping or cargo inspection arrangements; obtaining of insurance; arrangement of financing and payment; delivery of services; receipt of payment; and entry into contracts (including executory contracts), provided all conditions of Iran GL N-2 or Syria GL 21B are satisfied.
As noted in Iran GL N-2 and Syria GL 21B, these general licenses do not authorize the unblocking of any property blocked pursuant to any part of 31 C.F.R. chapter V, including property of the Government of Iran or property of the Government of Syria.
Date Updated: June 14, 2023
What are the due diligence expectations of U.S. financial institutions associated with processing fund transfers or trade finance transactions that are authorized by Iran General License (GL) N-2, Syria GL 21B, and Venezuela GL 39B?
U.S. financial institutions are authorized to process transfers of funds or engage in trade finance transactions ordinarily incident and necessary to give effect to the transactions and activities authorized by Iran GL N-2, Syria GL 21B, and Venezuela GL 39B.
Such financial institutions may rely on the originator of the funds transfer with regard to compliance with Iran GL N-2, Syria GL 21B, and Venezuela GL 39B, provided that the financial institution does not know or have reason to know that the funds transfer is not in compliance with such GLs.
Date Updated: June 14, 2023
Do non-U.S. persons risk exposure to U.S. sanctions for engaging in certain activities to respond to the Coronavirus Disease 2019 (COVID-19) that U.S. persons would be authorized to engage in under Iran General License (GL) N-2, Syria GL 21B, or Venezuela GL 39B?
No. Non-U.S. persons do not risk exposure under U.S. sanctions for engaging in certain activities to respond to COVID-19 that would be authorized under Iran GL N-2, Syria GL 21B, or Venezuela GL 39B, as appropriate, if engaged in by a U.S. person. This includes non-U.S. exporters, nongovernmental organizations, international organizations, and foreign financial institutions, as well as other non-U.S. persons engaging in certain activities to respond to COVID-19.
For additional information on humanitarian activities by non-U.S. persons in relation to sanctioned jurisdictions, please see FAQs 844, 884, and 885. For information specific to the provision of humanitarian assistance to the Venezuelan people, please see OFAC’s August 6, 2019 Fact Sheet: Guidance Related to the Provision of Humanitarian Assistance and Support to the Venezuelan People. For more information on other relevant exemptions, exceptions, and authorizations for humanitarian assistance and trade to combat COVID-19 under OFAC’s sanctions program, please see OFAC’s June 14, 2023 Fact Sheet: Provision of Humanitarian Assistance and Trade to Combat COVID-19 (originally issued April 16, 2020 and has since been updated every year).
Date Updated: June 14, 2023
Do U.S. sanctions target persons for engaging in political speech, religious practice, or other constitutionally protected activities?
OFAC does not sanction persons for their engagement in activities subject to U.S. constitutional protection, such as protected speech or religious practice or for their religious beliefs; nor do U.S. persons violate OFAC sanctions for engaging in such constitutionally protected activity. Furthermore, additional limitations and authorizations are in place to ensure that U.S. sanctions do not restrict the exchange of information or informational materials, or personal communication. The majority of OFAC sanctions programs are promulgated pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., which limits the authority to “regulate or prohibit, directly or indirectly . . . any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value . . . or, the importation from any country, or the exportation to any country, whether commercial or otherwise, . . . of any information or informational materials.” 50 U.S.C. § 1702(b)(1), (3).
No authorization is necessary for U.S. persons to engage in activities that are not prohibited by or are otherwise exempt from sanctions. If you are concerned that potential sanctions may interfere with constitutionally protected activities, please reach out to OFAC for further guidance as described here.