The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has launched a Reconsideration Portal for the submission of requests by persons or entities seeking to be removed from an OFAC sanctions list. The portal provides an overview of the process for requesting removal from a list as well as information on OFAC’s process for reviewing and adjudicating delisting petitions.
The portal is intended by OFAC to streamline the petition process by offering guidance to submitters in providing all necessary information, “rather than through a series of questionnaire/answer exchanges that can delay efficient adjudication of a delisting petition. Listed persons can also request certain unclassified, non-privileged information underlying their sanctions determination (a “courtesy document”) through the portal. For any petition, the portal provides clarification on required information from the submitter and offers insight into relevant arguments and evidence to provide in support of a petition. The portal also provides links to helpful “quick reference” guides on Delisting Petitions Best Practices and What to Include in a Delisting Petition.
In an effort to provide some transparency into the delisting review process, OFAC provides an outline describing the initial review, full review and reinvestigation stage, the issuance of any questionnaires and provision of additional information, and the possible delisting outcomes.
Under 31 C.F.R. § 501.807, listed persons and entities can request removal from an OFAC sanctions list by demonstrating that: (i) the designation was based on an insufficient factual or legal basis; or (ii) the circumstances underlying the designation no longer apply. Known to be a complex administrative process, it is recommended that persons with questions regarding U.S. sanctions compliance and seeking delisting should consult experienced legal counsel for guidance and assistance.