Getting Removed from the OFAC SDN List

How to Get Removed from the OFAC SDN List

Getting hit with an OFAC sanction is like getting struck by lightning. One minute you’re going about your business, the next—BOOM—your assets are frozen and you’re blocked from the U.S. financial system. It can feel like your life is over. But here’s the thing: getting removed from the OFAC SDN list is totally doable. This isn’t a life sentence. With the right strategy and evidence, you can fight your way off the list. It’ll take some work, but so many others have proved it’s possible. This article will walk you through everything you need to know to get started.

Wait, What Exactly is the OFAC SDN List?

OFAC stands for the Office of Foreign Assets Control, which is an agency of the U.S. Treasury Department. OFAC enforces economic and trade sanctions against foreign countries, groups, and individuals deemed threats to national security. Their big weapon is the Specially Designated Nationals (SDN) list.

The SDN list names people, companies, vessels, and organizations subject to U.S. sanctions. If you’re on it, any assets you have under U.S. jurisdiction get blocked. No one under U.S. law can do business with you without explicit permission from OFAC first. It’s like financial purgatory—you’re stuck in limbo unable to do anything.

Check out OFAC’s SDN list to see some of the thousands of unfortunate souls caught in their web.

How Do People End Up on the SDN List?

OFAC has the power to sanction any foreign person they deem a threat to U.S. national security or policy. Common reasons include:

• Terrorism
• Narcotics trafficking
• Weapons proliferation
• Human rights abuses
• Cyber crimes
• General naughtiness against U.S. interests

Often there’s little warning before the OFAC hammer drops. You learn you’ve been added to the list when suddenly your assets are frozen and business partners stop taking your calls.

Alright, This Sucks. How Do I Get Off the SDN List?

First, take a deep breath. The situation seems hopeless but there is a process for getting removed. OFAC doesn’t just add people to the SDN list willy-nilly with no chance of reprieve. Hundreds get removed each year after petitioning OFAC. Here’s what you need to do:

1. Request reconsideration from OFAC in writing explaining why your designation should be rescinded
2. Provide evidence backing up your claims
3. Send it to OFAC’s Office of Compliance & Enforcement
4. Keep your fingers crossed they see the light and remove you

Easier said than done, I know. But people get off the list all the time this way. OFAC isn’t totally heartless.

How Do I Convince OFAC to Delist Me?

OFAC isn’t just going to take your word for it. You need solid evidence proving you don’t belong on the naughty list. Stuff like:

• You’re a case of mistaken identity (sorry wrong John Smith!)
• The info they relied on to sanction you was bogus
• OFAC messed up their own due process
• The reasons they added you don’t apply anymore

See OFAC’s FAQ page for specifics on what they look for.

How Do I Improve My Chances?

Getting removed from the SDN list is not easy street, I won’t lie. But experts say a few things can help move the needle in your favor:

• Act quickly before things get worse
• Cooperate fully and be nice to OFAC
• Provide extra info not already in the record
• Consider limited waivers if needed
• Avoid suing OFAC (they hate that)

For the full scoop, check out attorney Adrienne Braumiller’s tips on persuading OFAC.

How Long Does This Take?

I wish I could say getting off the SDN list happens overnight—but this is a waiting game. Realistically expect at least several months for OFAC to review your petition and render a decision. Could take over a year in some cases. Grab some popcorn and put your patience pants on.

In the meantime, consult with an OFAC licensing attorney to see if you can get authorization for basic living expenses.

What if OFAC Says No?

Ugh, brutal. But it’s not completely game over if OFAC denies your petition.

You still have options:

• Request they reconsider and provide new information
• Initiate a formal OFAC appeals process
• Apply for a specific license for certain transactions
• Reapply later if circumstances improve
• Take OFAC to court (risky but can be done)

An experienced OFAC attorney can help decide your best move if the delisting petition fails. Giving up should be your last resort!

How Do I Find a Good OFAC Lawyer?

Navigating OFAC’s delisting process is no cakewalk. Having an expert lawyer on your side makes a huge difference. When picking someone for the job, look for:

• Specific OFAC expertise
• In-depth sanctions law knowledge
• Strong writing skills
• Meticulous attention to detail
• Ability to negotiate well
• Litigation experience
• Focus on your needs
• Reasonable fees
• Good reputation

I’d start by checking OFAC defense attorneys reviewed on sites like Martindale. And don’t be shy asking about their OFAC track record.

Breathe. You Got This.

Being added to the OFAC SDN list is terrifying—but you can beat this. Arm yourself with facts, evidence, and a top-notch lawyer. OFAC isn’t impossible to persuade. Setbacks will happen, but don’t lose hope. With time and perseverance, you can win back your freedom. Now let’s get you off that list!