Showing posts with label SDN. Show all posts
Showing posts with label SDN. Show all posts

Monday, 12 January 2015

The Nation's Sanctions Programs

OFAC is a short term for the Office of Foreign Assets Control. This is an agency works under the Department of the Treasury of the United States. This agency is responsible to administer and enforcing economic and trade sanctions. These sanctions are administered and enforced on the basis of US foreign policy and national security goals. The national security goals and foreign policy are against targeted foreign countries, nations and regimes, and terrorists and international narcotics traffickers. These sanctions, in simple words, are against those who are engaged in terrorism-activities and practices. These sanctions are against those countries, groups and individuals who are engaged in activities that are related to the proliferation of weapons of mass destruction. These sanctions are for those who are engaged in activities related to threats to the national security and foreign policy along with economy of the US. There are Presidential National Emergency Powers in US and OFAC acts under the same powers. Also, the authority is granted by specific legislation in order to impose controls on financial transactions. 

OFAC sanction laws are to follow strictly. And if a person is involved in OFAC related matters (if a person has overlooked the laws and sanctions and has not followed the imposed sanction laws) then it is a serious legal matter. OFAC related cases are typical and complex. It becomes essential for each citizen of US, whether a private individual or a business entity, to comply with sanction laws, else there can be risk severe consequences. However, if a person is involved in any such matters for example, if a person is mistakenly/wrongly designated in SDN list (a list known maintained, updated and published by OFAC every year, containing names of countries, groups, organizations and individuals who are engaged in mass-destruction or terrorism-activities) then a person must seek legal assistance from a reputed, highly experienced and extremely knowledgeable lawyer or attorney to get the name removed from the list. As OFAC administers the nation's sanctions programs by imposing criminal and civil penalties, including the blocking and freezing of assets, these typical and complex laws, rules and regulations & proceedings are understood by experts only. And expert lawyers and attorneys can help people (involved in OFAC related matters) to get out of such serious legal-problems.

Monday, 8 December 2014

OFAC related legal matters and legal assistance

OFAC is a short term for the Office of Foreign Assets Control. It is an agency that works under US Department of Treasury. It administers and enforces economic trade sanctions. These sanctions are based on foreign policy of United States. These sanctions are based on National security goals against those engaged in activities related to the proliferation of weapons of mass destruction. These sanctions are imposed against targeted foreign countries and regimes, terrorists and international narcotics traffickers and other threats to the national security. OFAC agency acts under Presidential national emergency powers. It holds holds authority granted by specific legislation to impose controls or bans on transactions. It holds authority to freeze assets under US jurisdiction.

SDN list also known as the Specially Designated Nationals List is administered by this agency. The agency is responsible to maintain, update and publish the list. SDN list includes names of individuals and organizations with which/whom United States citizens and permanent residents are prohibited from doing business. If in case any entity or individual is mistakenly-placed on the SDN list, it can petition OFAC to reconsider. This does not mean a simple application or request form will work. They are not actually required to remove an individual or entity from the SDN list. The process of OFAC SDN list removal is typical. It is actually a serious matter. Court may or may not approve to get the name removed from the OFAC SDN List. A proper legal procedure, court-trials are conducted. Such matters may take longer and longer time to get resolved. A person involved in such matters must seek immediate legal assistance from expert solicitor or lawyer.

Hiring an expert lawyer will help a person to get out of this situation. As lawyers are experts, they are professionals and dealing with the same several cases on regular basis, they understand how to take proceedings further and what to follow in order to get the OFAC SDN List Removal. There are online web-portals maintained by legal law firms. They offer legal assistance to all people involved in such matters. There are expert attorneys and lawyers to handle client’s case. They provide assistance right from beginning to end. Meanwhile, clients need to have patience and co-operate with their lawyers completely.

Sunday, 23 November 2014

Get Your Name Removed From OFAC SDN List


OFAC is an agency that works under the United States Department of the Treasury. It stands for the Office of Foreign Assets Control. This agency works to administer a list of persons & organizations engaged in activities of terrorism and detrimental to United States. OFAC maintains that list that carries all names and details of such persons and organizations which is called OFAC SDN List. SDN here stands for Specially Designated National. The list having names and details of such persons may be individuals or corporate bodies/ entities. The evidence in support of OFAC’s decision is often unavailable to those who seek removal. Many times, one finds themselves on the SDN list and they have no idea as to what they have done wrong and why they have been added to this list. Having a name listed in SDN list by OFAC is a serious matter. If a person is designated in the list that there can be crippling effects; how! Let’s understand! A designated person not only will lose access to its assets under U.S. jurisdiction but will also be denied to access the U.S. financial systems. And, US citizens will not be able to engage in any kind of transaction with a SDN listed person. And, if someone is found not following these sanctions, the person doing so will be placed in the list as well can have consequences such as multi-million dollar fines and up to twenty years in imprisonment.

Mistakenly, or unfortunately is anyone has been placed on the SDN list, they then need to seek legal assistance to get their name removed from the list. And, often, most of them are confused as how to challenge the designation. There is no doubt that the procedure is typically complex and situation is extremely serious! Many people even do not have basic knowledge about OFAC related matters such as what the sanctions are, who is responsible to issue or impose them, and who enforces them etc.

The best and only way to get SDN list removal is to approach and hire professional attorneys or lawyers for legal assistance. The process of challenging such designations can be long and arduous as well. So better to leave work on attorneys or lawyers to handle in the best possible way and get the name removed from SDN list. A client needs to be true to his lawyer or attorney! A client needs to share every, even tiniest information with lawyer or attorney! A client needs to be patient because such legal matters may take long to longer and longest time to get resolved! The process involves:

  • Counsel must understand and learn every aspect of the designated person’s financial activities and his/her business relationships.
  • Then comes, a discovery process required to uncover evidence to support the arguments as to why the designated person should be removed.
  • Then Petition for Review which is also known as a Request for Reconsideration. 
As the procedure is very much complex and typical, hiring expert and extremely knowledgeable lawyer becomes most important.