The power and integrity of the Office of Foreign Assets Control (OFAC) sanctions derive not only from its ability to designate and add persons to sanctions lists, including the Specially Designated Nationals and Blocked Persons List (SDN List), but also from its willingness to remove persons from such lists consistent with the law. The ultimate goal of sanctions is not to punish, but to bring about a positive change in behavior. Each year, OFAC removes numerous individuals and entities from the SDN List. Each removal is based on a thorough review by OFAC. Maintaining the integrity of U.S. sanctions is a high priority for OFAC and is the driving principle behind its rigorous review process that evaluates every request for removal individually on its merits and applies consistent standards to all of them.
This page provides details about the process by which OFAC reviews petitions for removal of designations made pursuant to a decision by OFAC. For information about the process by which the State Department reviews petitions for removal of designations by the Secretary of State, please see Sanctions Delisting - United States Department of State.
1. How do I file a request for removal from an OFAC sanctions list?
To request removal from any OFAC sanctions list, including the SDN List, simply write to OFAC and request removal. This begins the OFAC review process. Send written requests for removal (also referred to as “petitions” or “requests for reconsideration”) to OFAC by email to the following email address: OFAC.Reconsideration@treasury.gov. OFAC cannot accept removal requests by telephone.
All requests should include:
• The listed person’s name and mailing address (including email address) and, if appropriate, authorized representative’s name and mailing address (including email address);
• Proof of the listed person’s identity (such as a copy of a government-issued identification card);
• The date of the relevant OFAC listing action (such as the designation or identification);
• The SDN listing (or other OFAC listing) as it appears on the SDN List (or other OFAC list);
• A request for the reconsideration of OFAC’s determination, including a detailed description of why the listed person should be removed; and
• If writing on behalf of a petitioner, a signed authorization from the petitioner indicating that you are writing on behalf of the petitioner and identifying your relationship to the petitioner.
The request for removal may also include information, such as arguments or evidence that establishes that an insufficient basis exists for the listing or that the circumstances resulting in the listing no longer apply, pursuant to 31 C.F.R. § 501.807, Procedures governing delisting from the Specially Designated Nationals and Blocked Persons List or any other list of sanctioned persons or property maintained by the Office of Foreign Assets Control.
Some examples of situations that may result in delisting include: a positive change in behavior, the death of an SDN or listed person, the basis for the designation or other sanction no longer exists, or the designation or other sanction was based on mistaken identity.
2. 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 authorized representatives.
3. How will I know if OFAC received my email petition?
For petitions received via email, OFAC will email an acknowledgement of receipt generally within seven business days. If you do not receive an acknowledgment email within 10 business days, you should email OFAC at OFAC.Reconsideration@treasury.gov and include the text of your original petition, and OFAC will respond as quickly as possible.
4. How long does the entire petition process take?
Each petition case is unique. Petitioners must establish that delisting is appropriate, as set forth in OFAC’s regulations (31 C.F.R. § 501.807). If OFAC requires additional information or clarification from the petitioner in order to evaluate the delisting request, it will send the petitioner one or more questionnaires. If needed, OFAC typically endeavors to send the first questionnaire within 90 days from the date the petition is received by OFAC. Because OFAC often learns new information in response to a questionnaire, it is not uncommon for OFAC to send one or more follow-up questionnaires and to engage in additional research to verify claims made by a petitioner.
Though each case is unique, OFAC applies the same standards to petition reviews across all sanctions programs. The review process can be lengthy. Review timing depends upon a range of factors including: whether OFAC needs additional information, the need to engage in interagency consultation, how timely and forthcoming the petitioner is in responding to OFAC’s requests, and the specific facts of the case. Incomplete answers to questionnaires or incomplete documentation often cause delays. Similarly, any false or misleading information provided may result in the delay and/or denial of the final
determination of your request for removal, as well as subject the submitter to other enforcement action by relevant law enforcement authorities.
5. Why do lawyers representing an SDN require OFAC authorization to get paid?
OFAC authorization is required to engage in any transaction that otherwise would be prohibited. U.S. persons are prohibited from engaging in transactions involving property and interests in property of persons on the SDN List. 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. Receipt of payment for such services from sources outside of the United States is also authorized by GL in many programs and is routinely authorized by specific license in others. 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 to receive payment for acting on behalf of the SDN because the SDN has an interest in the services that the lawyer is providing. If OFAC’s regulations for the specific program(s) under which a person was designated do not contain such a GL, the attorney must apply for a specific license from OFAC Licensing. For persons appearing on other sanctions lists maintained by OFAC, the provision of legal services may or may not require a license; please review OFAC’s regulations for the specific program(s).
6. What can you tell me about OFAC’s listing process?
In making a listing determination, OFAC considers information from many sources, including but not limited to relevant U.S. government agencies, foreign governments, United Nations expert panels, and press and other open-source reporting. OFAC investigators then carry out a thorough investigation, including a review of the totality of the information. The findings and conclusion of that investigation are then documented in a formal evidentiary memorandum that sets out the evidence pertaining to a determination that the person meets one or more of the criteria specified in the sanctions authority. Before OFAC’s final determination is made, proposed listing actions are subjected to review by the Departments of the Treasury, Justice, State, and other U.S. agencies as warranted.
7. If my petition for removal is denied, can I reapply?
Yes. You may reapply using the same process as for the original petition. If you present new arguments and evidence, OFAC may reach a different conclusion. However, if you fail to present new arguments or evidence, and there has been no change in circumstances, OFAC will again deny your petition.
8. How can I obtain an update on the status of my petition?
To obtain an update on your petition, email OFAC at OFAC.Reconsideration@treasury.gov. OFAC strives to reply to all emails as quickly as possible. Often, OFAC is able to respond within two business days, but some responses, particularly more substantive ones, may take longer, depending on the nature of the petition and the status of the case.
9. May a petitioner submit a request for information underlying their designation or listing?
Yes. Upon request of a petitioner, OFAC will prepare a courtesy document that identifies unclassified information underlying their designation or listing. Some information in the courtesy document may be redacted, for example, because it is classified, law enforcement sensitive, or sensitive commercial information. Processing times may vary depending on the requests received.
Petitioners requesting such information should email OFAC.Reconsideration@treasury.gov and include the following:
• The listed person’s name and mailing address (including email address), and, if appropriate, authorized representative’s name and mailing address (including email address);
• Proof of the listed person’s identity (such as a copy of the person’s identification card); and
• The date of the relevant OFAC listing action (such as the designation or identification);
• The SDN (or other OFAC) listing as it appears on the SDN (or other OFAC) List;
• A request for the information underlying their designation or listing; and
• If writing on behalf of a petitioner, a signed authorization from the petitioner indicating that you are writing on behalf of the petitioner and your relationship to the petitioner.
Alternatively, a petitioner may request the evidentiary record underlying their designation or listing by submitting a Freedom of Information Act (FOIA) request to the Department of Treasury. See 5 U.S.C. § 552 as published at 31 CFR Part 1, Subpart A., and 31 CFR part 501. The FOIA gives any person the right to request access to records of the Executive Branch of the U.S. government. Information submitted to OFAC pursuant to the Reporting, Procedures and Penalties Regulations, 31 C.F.R. part 501, will be protected from disclosure under FOIA and the provisions of 31 C.F.R. part 1 if OFAC reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law. For further information on how to submit a FOIA request, please refer to https://home.treasury.gov/footer/freedom-of-information-act.