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Analyzing OFAC Sanctions Enforcement Trends

March 21, 2024 Uncategorized

What the Heck is an SDN?

So OFAC is basically the part of the U.S. Treasury Department that enforces economic sanctions and trade embargoes against foreign countries, groups, and individuals. If OFAC decides you’re up to no good, they can label you an SDN which is basically their way of blacklisting you.Once you’re tagged as an SDN, all U.S. citizens, banks, companies, etc. are legally banned from doing business with you. It’s like you’re being exiled from the U.S. financial system! Not exactly where you want to be.

Why Would I Become an SDN?

The most common reasons are being involved in illegal stuff like terrorism, human rights violations, weapons trafficking, undermining U.S. national security – you know, not things you want on your resume. OFAC can name both individuals and entire organizations as SDNs if they think you’re enabling bad stuff.Now let’s look at some of the really unpleasant effects of being labeled an SDN:

Your Money and Assets in the U.S. Get Frozen

If you have any bank accounts, real estate investments, stock portfolios or other assets in the U.S., say bye-bye because all of it gets frozen and locked down. No more withdrawals, asset sales, or access allowed! This can obviously create huge problems if you rely on those funds.

No Business or Trade with Americans

U.S. companies and people legally can’t buy anything from you, sell anything to you, or invest in your business. You’re cut off from doing business in the world’s biggest economy. Not ideal!

Global Banks May Avoid You

Even foreign banks outside the U.S. might refuse to handle your money or process payments if you’re an SDN, just to avoid any potential penalties or risks.

Can’t Travel to the U.S.

Don’t expect to get a visa or cruise through customs if you’re an SDN. You’ll likely end up on a no-fly list too. No more fun trips to Disney World or New York.

Massive Legal Fees

If you want removed from the SDN list, you’ll probably need to hire expensive lawyers and lobbyists to negotiate with OFAC. We could be talking hundreds of thousands of dollars.

Reputational Damage

The SDN label marks you as a shady character in the business world. Fair or not, it carries a stigma that can tank your reputation.As you can see, being named an SDN is no joke and can really wreak havoc on your finances and freedom. Now OFAC doesn’t just randomly decide who becomes an SDN – there has to be strong evidence you’re enabling bad stuff. But the process definitely needs more transparency and protections for those designated.The lesson here is that anyone doing international business needs to regularly screen customers and partners against the SDN list to avoid surprises. If you do end up labeled an SDN, act quickly to get legal help and petition for removal. Not an easy process, but fighting the designation is important to restore your rights and reputation.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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