Understanding OFAC Defense Sector Sanctions

Understanding OFAC Defense Sector Sanctions

The Office of Foreign Assets Control (OFAC) is a government agency that enforces economic sanctions against foreign countries, terrorists, drug traffickers, and weapons dealers. They’ve been around since 1950 and have a long history with sanctions dating back to the early 1800s.

OFAC runs a bunch of different sanctions programs targeting various countries, people, and companies. The sanctions either block assets or restrict trade to accomplish foreign policy and national security goals. Some of their big programs sanction countries like Cuba, Iran, North Korea, Syria, and Venezuela. They also sanction terrorists, drug traffickers, and weapons proliferators.

Defense Sector Sanctions

A major area OFAC oversees is defense sector sanctions. These target activities related to arms, defense materials, and defense services with certain countries. For example, they have restrictions on exporting defense articles and services to places like North Korea, Iran, Syria, and Crimea in Ukraine.

They also limit providing military training, advice, or assistance to regions like South Sudan and the Central African Republic. And they prohibit arms sales and exports to Russia as part of the Ukraine-related sanctions.

U.S. citizens, companies in the U.S., and foreign companies owned by Americans all have to comply with OFAC’s defense sanctions. Some key restrictions include:

• Freezing assets of sanctioned people and companies
• Banning trade and financial transactions with sanctioned countries, companies, etc.
• Limiting defense exports and sales
• Restricting military training and advice
• Prohibiting investment in sanctioned defense sectors

Dealing with sanctioned entities requires specific OFAC approval. Violations can lead to huge fines and even criminal penalties.

Relevant Laws

OFAC’s authority comes from various laws and regulations. Some important ones are:

• Arms Export Control Act – controls defense exports
• International Emergency Economic Powers Act – blocks assets, restricts transactions
• Weapons of Mass Destruction Sanctions Regulations – sanctions WMD proliferators
• Iran, North Korea, and Syria Nonproliferation Act – sanctions WMD and missile tech transfers

The President can also issue executive orders to authorize defense sanctions programs, like for Russia/Ukraine or South Sudan.

Impacts of Defense Sanctions

OFAC’s defense sanctions can significantly impact companies and people in the defense sector. Effects include:

• Less business opportunities in sanctioned countries
• Increased compliance costs for due diligence
• Limits on sales, investments, and partnerships
• Reduced competitiveness from lack of access to markets
• Legal and reputational risks from violations

But the sanctions also serve important security and foreign policy goals, like limiting arms proliferation and military support for adversarial regimes.

Overly broad sanctions can hurt legitimate businesses though. Policymakers have to balance security versus economic interests.

Complying with Defense Sanctions

To comply, companies should take measures like:

• Screening customers and transactions against restricted lists
• Conducting risk-based due diligence
• Monitoring deals for any sanctions connections
• Including sanctions clauses in contracts
• Keeping detailed records
• Training staff on the regulations

Having clear compliance policies, procedures, and controls is crucial for managing sanctions risks. Companies should also assess their exposure, get licenses when needed, and avoid dealing with blocked entities.

If violations occur, voluntarily disclosing to OFAC can lead to reduced penalties. But it also highlights compliance problems. Disclosure may be advisable for serious violations, after carefully weighing the pros and cons.

Getting an experienced sanctions lawyer involved early on is key if considering voluntary disclosure to OFAC. They can help assess the situation and guide the process.