OFAC Compliance Lawyers

The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury plays a crucial role in implementing economic and trade sanctions against various entities, jurisdictions, organizations, and individuals. This compliance program is critically important for any corporation or entity conducting transnational operations.

Our OFAC Attorneys and solicitors specialize in both the OFAC sanctions and compliance program, providing these individuals and organizations with essential legal support in matters of legal protection and prevention of violations.

What is OFAC Compliance Program?

The OFAC Compliance Program is a comprehensive framework designed to ensure that individuals comply with U.S. sanctions laws administered by the OFAC under the U.S. Department of the Treasury. This program encompasses the development and implementation of effective policies and procedures to identify and manage risks associated with OFAC’s sanctions regimes. Key elements of the OFAC sanctions compliance program include risk assessment, internal controls, employee training, audits, and reporting mechanisms. The program aims to minimize the likelihood of violations and ensure continuous compliance with OFAC sanctions compliance program and requirements.

Who is Subject to OFAC Compliance?

OFAC compliance requirements apply to all U.S. corporations and foreign companies conducting business in the U.S. or with American counterparts in foreign countries. Additionally, these requirements may affect foreign subsidiaries of U.S. companies and individuals transacting in U.S. dollars with foreign assets.

For non-U.S. entities, non-compliance with the OFAC sanctions and compliance program can lead to severe legal and financial consequences, such as hefty fines, asset blockades, and loss of access to the U.S. financial market. Thus, even if a company is not based in the U.S., it needs to implement an OFAC Compliance Framework to minimize sanctions risks and ensure long-term legal protection. Companies operating in foreign countries also need to comply with the OFAC Compliance Framework requirements to avoid similar risks.

OFAC Compliance EssentialsSuch companies include:

  1. Participants in International Transactions and Global Trade Activities Companies engaged in international trade and conducting numerous cross-border transactions must implement an OFAC Compliance Framework. This is necessary to prevent inadvertent violations of sanctions regimes and to ensure compliance with international standards. For instance, Amazon, a global logistics and trade company, checks its suppliers for inclusion in the Specially Designated Nationals (SDN) List.
  2. Businesses in High-Risk Sanctions Violation Regions Organizations operating in regions with a high likelihood of sanctions violations must pay special attention to OFAC compliance. These regions often include countries with political instability or those under international sanctions (Afghanistan, the Balkans, Belarus, Burma (Myanmar), Central African Republic, China (sanctions against Chinese military companies), Cuba, Democratic Republic of the Congo, Ethiopia, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan and Darfur, Syria, Ukraine, Venezuela, West Bank, Yemen, see: OFAC Sanctions Programs and Country Information). An example is ExxonMobil, an oil and gas company conducting exploration and production in sanctioned regions.
  3. Companies Conducting Large-Scale International Business Transnational corporations with extensive networks of branches and business partners worldwide must develop and implement comprehensive OFAC compliance programs. This is necessary to prevent violations and minimize the risks of sanctions.
  4. Organizations Undergoing Frequent Corporate Changes (Mergers, Acquisitions, Reorganizations) Companies undergoing mergers, acquisitions, or significant reorganizations must review their OFAC compliance programs to account for new risks. This requires thorough analysis and integration of compliance programs for new branches and divisions.
  5. Financial Institutions with High Client Loads and Increased Risk Banks and other financial institutions serving many high-risk clients must develop advanced customer due diligence procedures to identify and prevent potential sanctions violations.
  6. Providers of Electronic Products and Services Companies providing electronic services, such as online payments, e-wallets, and digital marketplaces, must implement OFAC Compliance Framework. This is necessary to prevent the use of their platforms in prohibited transactions.
  7. Organizations with Previous Encounters with OFAC Companies previously investigated or sanctioned by OFAC must strengthen their compliance programs to prevent recurring violations. This includes reviewing existing measures, conducting regular audits, and training employees.
  8. Companies Operating with Branches in Sanctioned Countries Organizations with branches or subsidiaries in sanctioned countries must strictly adhere to OFAC requirements. This includes monitoring branch activities and regular compliance checks with sanctions regimes.
  9. Companies Changing Their Client Base Due to Mergers or Acquisitions in the Domestic Market Organizations changing their client base due to domestic mergers or acquisitions must review their OFAC compliance programs. This includes assessing new clients for compliance with sanctions regimes and integrating new control measures.

Key Components of an OFAC Compliance Program

  1. Risk AssessmentRisk Assessment in the context of OFAC sanctions compliance involves identifying and analyzing potential threats that can lead to serious violations and significantly damage your organization’s reputation and business. According to OFAC recommendations, every company must adopt a risk-based approach when developing or updating their Sanctions Compliance Programs (SCP). This approach includes conducting regular, and if necessary, ongoing risk assessments to identify potential issues.

    Our specialists will conduct a comprehensive analysis of your activities, including clients, supply chains, intermediaries, counterparties, as well as geographic areas of operation, to identify and mitigate the risks of interacting with sanctioned entities and territories. We pay special attention to risk assessment in the context of mergers and acquisitions, especially involving foreign companies, to avoid hidden threats and ensure full compliance with OFAC requirements.

    Don’t wait until problems become inevitable – order our risk assessment service to protect your company today. Our experience and professionalism guarantee reliable protection for your business from sanctions risks and provide confidence in the future.

  2. Internal ControlsInternal controls are a fundamental component of a robust Sanctions Compliance Program (SCP) as recommended by OFAC. These controls encompass clearly defined policies and procedures tailored to the organization’s risk profile, ensuring adherence to OFAC regulations and mitigating the risk of sanctions violations. Key elements include systematic screening of transactions and customers against OFAC’s sanctions lists, comprehensive due diligence processes, and effective communication channels to ensure all employees understand and comply with the regulations. Regular audits and updates to these controls are crucial to address any identified deficiencies or evolving risks, thereby enhancing the overall effectiveness of the SCP.
  3. Testing and auditingTesting and auditing are essential for ensuring the effectiveness of your Sanctions Compliance Program (SCP). Comprehensive and objective audits assess current processes and identify inconsistencies, allowing organizations to pinpoint weaknesses and deficiencies. Enhancing your SCP involves updating, improving, or recalibrating elements to address identified compliance gaps and adapt to changing risk assessments or sanctions environments. Whether focusing on specific components or conducting enterprise-wide reviews, testing and auditing ensure your program functions as designed.
  4. Management CommitmentManagement commitment is crucial for the success of an organization’s Sanctions Compliance Program (SCP). Senior management must review and approve the SCP, ensuring the compliance unit has sufficient authority, resources, and autonomy to effectively manage OFAC risks. This includes appointing dedicated compliance officers, supporting comprehensive training, and fostering a culture of compliance where personnel can report misconduct without fear of reprisal. By promoting these values and actions, senior management demonstrates a serious commitment to mitigating risks and adhering to OFAC regulations.

    To secure robust compliance, schedule a consultation with our experts today and ensure your organization meets the highest standards of sanctions compliance.

Why Compliance Program is Important?

An OFAC sanctions compliance program is essential for companies to navigate changing legislation, avoiding legal violations and associated fines. For businesses with diverse operations, maintaining compliance is crucial due to varying risk exposures. A comprehensive OFAC compliance policy can lead to more favorable outcomes during investigations, helping mitigate legal risks. Understanding the OFAC compliance policy and adhering to its guidelines ensures companies are better prepared to handle regulatory scrutiny and avoid penalties, fostering a culture of proactive risk management.

OFAC Compliance ProgramHaving a robust compliance program not only safeguards against potential violations but also enhances the organization’s reputation and operational integrity. In the event of an OFAC investigation, a well-documented and actively managed compliance program demonstrates the company’s commitment to lawful conduct, potentially reducing the severity of enforcement actions. This is particularly vital for companies engaged in international trade, financial services, or industries with high regulatory oversight. Regular training, auditing, and updating of the compliance program to reflect new regulations and risks are key components, OFAC Compliance program, that can make a significant difference.

Our OFAC compliance lawyers specialize in foreign assets control and can assist with navigating the complex landscape of OFAC compliance regulations. We provide expertise on dealing with SDNs, obtaining general licenses and specific licenses, and understanding the intricacies of the Office of Foreign Assets Control. Our team ensures that your OFAC compliance program is robust, addressing all relevant issues and prohibitions to maintain full compliance with OFAC’s stringent requirements.

Don’t leave your business exposed to potential sanctions risks. Contact our Sanctions solicitors today to ensure your compliance program is comprehensive and effective.

Consequences of Not Having an OFAC Compliance Program

Non-compliance with OFAC sanctions compliance requirements can lead to serious legal, financial, and reputational consequences. Companies may face hefty fines, asset blockades, and business prohibitions. See our special article on OFAC sanctions non-compliance liability.

The most immediate legal consequence of not having an Office of Foreign Assets Control (OFAC) compliance program is the risk of substantial financial penalties. Companies found to be in violation of OFAC regulations can face hefty fines that can amount to millions of dollars. Another legal consequence is the freezing of assets. OFAC has the authority to block or freeze assets of individuals and entities that violate sanctions. If there are suspicions of violations, it is crucial to seek immediate legal assistance. For companies dealing with complex operations, international assets, and sanctions, obtaining an OFAC license may be necessary to legally navigate OFAC restrictions.

Assistance of OFAC Compliance Attorney

Lawyers and solicitors specializing in OFAC compliance offer comprehensive legal support other businesses, including the development of compliance programs, conducting internal investigations ofac own, and representing companies during OFAC compliance investigations. Engaging these professionals is essential to protect your international assets and interests, and other businesses and ensuring compliance with relevant legislation.

Sanctions Lawyers by the Collegium of International Lawyers has successfully represented clients in a wide range of OFAC compliance matters, including the following:

  • We advised a multinational medical device manufacturer on potential exposure to U.S. sanctions resulting from the use of U.S.-based information technology platforms to service customers in embargoed jurisdictions.
  • We provided guidance to a global financial institution on the impact of the Venezuelan sanctions program on their financing of a joint venture project involving a private Venezuelan entity with a blocked person (SDN) as a minority shareholder.
  • We advised a U.S. law firm on their ability to provide legal services to a blocked person (SDN) concerning potential defamation claims against a U.S. publisher.
  • We counseled a foreign investment management firm on whether certain parties are constructively blocked under OFAC’s 50 Percent Rule.
  • We advised a multinational manufacturer on their exposure to various U.S. sanctions programs, including the Iran and Venezuela sanctions programs.

Contact us today to safeguard your business and ensure compliance with international sanctions regulations.

Sebastian Suarez
Sanctions Lawyer
Sebastian Suarez is a skilled attorney specializing in international law, with a focus on serving high-net-worth individuals. He is adept in handling complex litigation, arbitration, and legal assistance across multiple jurisdictions. Recognized for his expertise in sanctions law and international criminal law, Sebastian ensures the protection of his clients' assets and rights. His experience spans Corporate and Civil law, and he is known for effectively navigating the complexities of global sanctions and legal frameworks, including Human Rights Law.

OFAC Compliance FAQ

What is OFAC in compliance?
OFAC in compliance refers to adhering to the regulations and guidelines established by the Office of Foreign Assets Control (OFAC), a U.S. government agency responsible for enforcing economic sanctions programs that protect national security and foreign policy interests.
Who is required to comply with OFAC?
All U.S. persons, including U.S. citizens, permanent residents, entities organized under U.S. law, and foreign branches of U.S. entities, are required to comply with OFAC regulations. Additionally, non-U.S. persons may also be subject to OFAC compliance requirements if they engage in transactions with U.S. persons or involving the U.S. financial system.
What is OFAC in AML?
OFAC in AML (Anti-Money Laundering) refers to the role OFAC plays in preventing the movement of illicit funds through the global financial system. By enforcing sanctions and targeting individuals, entities, or countries involved in money laundering activities, OFAC contributes to the broader AML efforts.
What is OFAC in KYC?
OFAC in KYC (Know Your Customer) refers to the need for businesses to verify the identity of their customers and ensure they are not on any sanctions lists maintained by OFAC. This is a critical component of a comprehensive KYC process, as it helps businesses avoid dealings with sanctioned individuals or entities.
What is OFAC check for?
An OFAC check is performed to ensure that an individual or entity is not listed on any sanctions lists maintained by the Office of Foreign Assets Control. This check helps businesses and individuals comply with U.S. economic sanctions laws and avoid potential penalties, legal consequences, and reputational damage.
Who is responsible for ensuring OFAC sanctions compliance?
The responsibility for ensuring OFAC sanctions compliance typically falls on the company's compliance officer, legal department, and senior management. However, all employees are expected to adhere to the compliance policies and report any suspicious activities.
What are OFAC compliance requirements?
OFAC compliance requirements include the following:
  1. Screen Transactions and Relationships.
  2. Maintain Compliance Policies.
  3. Employee Training.
  4. Conduct Audits.
  5. Report Violations.
  6. Avoid Prohibited Transactions.
Book a call
Your message send!
Sanction Lawyers
whatsup Viber Telegram E-mail