General Questions
The Office of Foreign Assets Control administers
and enforces economic sanctions programs primarily against
countries and groups of individuals, such as terrorists and
narcotics traffickers. The sanctions can be either comprehensive
or selective, using the blocking of assets and trade restrictions
to accomplish foreign policy and national security goals.
[09-10-02]
The Treasury Department has a long history of dealing with sanctions. Dating back prior to the War of 1812, Secretary of the Treasury Gallatin administered sanctions imposed against Great Britain for the harassment of American sailors. During the Civil War, Congress approved a law which prohibited transactions with the Confederacy, called for the forfeiture of goods involved in such transactions, and provided a licensing regime under rules and regulations administered by Treasury.
OFAC is the successor to the Office of Foreign Funds Control (the ``FFC''), which was established at the advent of World War II following the German invasion of Norway in 1940. The FFC program was administered by the Secretary of the Treasury throughout the war. The FFC's initial purpose was to prevent Nazi use of the occupied countries' holdings of foreign exchange and securities and to prevent forced repatriation of funds belonging to nationals of those countries. These controls were later extended to protect assets of other invaded countries. After the United States formally entered World War II, the FFC played a leading role in economic warfare against the Axis powers by blocking enemy assets and prohibiting foreign trade and financial transactions.
OFAC itself was formally created in December 1950, following the entry of China into the Korean War, when President Truman declared a national emergency and blocked all Chinese and North Korean assets subject to U.S. jurisdiction. [05-02-06]
Prohibited transactions are trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute. Because each program is based on different foreign policy and national security goals, prohibitions may vary between programs.[06-16-06]
Yes. OFAC regulations often provide general licenses authorizing the performance of certain categories of transactions. OFAC also issues specific licenses on a case-by-case basis under certain limited situations and conditions. Guidance on how to request a specific license is found below and at 31 C.F.R. 501.801. [06-16-06]
Please take the following “due diligence” steps in determining a valid OFAC match.
If you are calling about a wire transfer or other “live”
transaction:
1. Is the “hit” or “match” against OFAC’s SDN list or targeted
countries, or is it “hitting” for some other reason (i.e.,
“Control List” or “PEP,” “CIA,” “Non-Cooperative Countries
and Territories,” “Canadian Consolidated List (OSFI),” “World
Bank Debarred Parties,” “Blocked Officials File,” or “government
official of a designated country”), or can you not tell what
the “hit” is?
- If it’s hitting against OFAC’s SDN list or targeted countries,
continue to 2 below.
- If it’s hitting for some other reason, you should contact
the “keeper” of whichever other list the match is hitting
against. For questions about:
- The Denied Persons List and the Entities List, please
contact the Bureau of Industry and Security at the U.S.
Department of Commerce at 202-482-4811.
- The FBI’s Most Wanted List or any other FBI-issued watch
list, please contact the Federal Bureau of Investigation
(http://www.fbi.gov/contact/fo/fo.htm).
- The Debarred Parties list, please contact the Office of
Defense Trade Controls at the U.S. Department of State,
202-663-2700.
- The Bank Secrecy Act and the USA PATRIOT Act, please contact
the Financial Crimes Enforcement Network (FinCEN), 1-800-949-2732.
- If you are unsure whom to contact, please contact your
interdict software provider which told you there was a “hit.”
- If you can’t tell what the “hit” is, you should contact
your interdict software provider which told you there was
a “hit.”
2. Now that you’ve established that the hit is against OFAC’s
SDN list or targeted countries, you must evaluate the quality
of the hit. Compare the name in your transactions with the
name on the SDN list. Is the name in your transaction an individual
while the name on the SDN list is a vessel, organization or
company (or vice-versa)?
- If yes, you do not have a valid match.*
- If no, please continue to 3 below.
3. How much of the SDN’s name is matching against the name
in your transaction? Is just one of two or more names matching
(i.e., just the last name)?
- If yes, you do not have a valid match.*
- If no, please continue to 4 below.
4. Compare the complete SDN entry with all of the information
you have on the matching name in your transaction. An SDN
entry often will have, for example, a full name, address,
nationality, passport, tax ID or cedula number, place of birth,
date of birth, former names and aliases. Are you missing a
lot of this information for the name in your transaction?
- If yes, go back and get more information and then compare
your complete information against the SDN entry.
- If no, please continue to 5 below.
5. Are there a number of similarities or exact matches?
- If yes, please call the hotline at 1-800-540-6322.
- If no, you do not have a valid match.*
If you are calling about an account:
1. Is the “hit” or “match” against OFAC’s SDN list or targeted
countries, or is it “hitting” for some other reason (i.e.,
“Control List” or “PEP,” “CIA,” “Non-Cooperative Countries
and Territories,” “Canadian Consolidated List (OSFI),” “World
Bank Debarred Parties,” or “government official of a designated
country”), or can you not tell what the “hit” is?
- If it’s hitting against OFAC’s SDN list or targeted countries,
continue to 2 below.
- If it’s hitting for some other reason, you should contact
the “keeper” of whichever other list the match is hitting
against. For questions about:
- The Denied Persons List and the Entities List, please
contact the Bureau of Industry and Security at the U.S.
Department of Commerce at 202-482-4811.
- The FBI’s Most Wanted List or any other FBI-issued watch
list, please contact the Federal Bureau of Investigation
(http://www.fbi.gov/contact/fo/fo.htm).
- The Debarred Parties list, please contact the Office of
Defense Trade Controls at the U.S. Department of State,
202-663-2700.
- The Bank Secrecy Act and the USA PATRIOT Act, please contact
the Financial Crimes Enforcement Network (FinCEN), 1-800-949-2732.
- If you are unsure whom to contact, you should contact
your interdict software provider which told you there was
a “hit.”
- If you can’t tell what the “hit” is, you should contact
your interdict software provider which told you there was
a “hit.”
2. Now that you’ve established that the hit is against OFAC’s
SDN list or targeted countries, you must evaluate the quality
of the hit. Compare the name of your account holder with the
name on the SDN list. Is the name of your account holder an
individual while the name on the SDN list is a vessel, organization
or company (or vice-versa)?
- If yes, you do not have a valid match.*
- If no, please continue to 3 below.
3. How much of the SDN’s name is matching against the name
of your account holder? Is just one of two or more names matching
(i.e., just the last name)?
- If yes, you do not have a valid match.*
- If no, please continue to 4 below.
4. Compare the complete SDN entry with all of the information
you have on the matching name of your account holder An SDN
entry often will have, for example, a full name, address,
nationality, passport, tax ID or cedula number, place of birth,
date of birth, former names and aliases. Are you missing a
lot of this information for the name of your account holder?
- If yes, go back and get more information and then compare
your complete information against the SDN entry.
- If no, please continue to 5 below.
5. Are there a number of similarities or exact matches?
- If yes, please call the hotline at 1-800-540-6322.
- If no, you do not have a valid match.*
* If you have reason to know or believe that processing this
transfer or operating this account would violate any of the
Regulations, you must call the hotline and explain this knowledge
or belief. [08-22-07]
A summary description of each particular embargo
or sanctions program may be found in the Sanctions
Program and Country Summaries area and in the Regulations
by Industry area on OFAC's website. The text of Legal
documents may be found in the Legal
Documents area of OFAC's website which contains the text
of 31 C.F.R. Chapter V and appropriate amendments to that
Chapter which have appeared in the Federal Register. [09-10-02]
OFAC usually has the authority by means of a
specific license to permit a person or entity to engage in
a transaction which otherwise would be prohibited. In some
cases, however, legislation may restrict that authority. [09-10-02]
In some situations, authority to engage in certain
transactions is provided by means of a general license. In
instances where a general license does not exist, a written
request for a specific license must be filed with OFAC. The
request must conform to the procedures set out in the regulations
pertaining to the particular sanctions program. Generally,
application guidelines and requirements must be strictly followed,
and all necessary information must be included in the application
in order for OFAC to consider an application. For an explanation
about the difference between a general and a specific license
as well as answers to other licensing questions, see the licensing
questions link. [09-10-02]
Another word for it is "freezing." It is simply
a way of controlling targeted property. Title to the blocked
property remains with the target, but the exercise of powers
and privileges normally associated with ownership is prohibited
without authorization from OFAC. Blocking immediately imposes
an across-the-board prohibition against transfers or dealings
of any kind with regard to the property. [09-10-02]
OFAC administers a number of U.S. economic sanctions
and embargoes that target geographic regions and governments. Comprehensive sanctions programs include Burma (Myanmar), Cuba, Iran and Sudan. Other non-comprehensive programs include the Western Balkans, Belarus, Cote d'Ivoire, Democratic Republic of the Congo, Iraq, Liberia (Former Regime of Charles Taylor), Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions, North Korea, Sierra Leone, Syria and Zimbabwe as well as other programs targeting individuals
or entities that could be anywhere. Those programs currently relate to foreign narcotics traffickers, foreign terrorists, WMD proliferators. In addition to targeted countries, it is very
important to note that OFAC publishes a list of Specially
Designated Nationals and Blocked Persons ("SDN list") which
includes over 6,000 names of companies and individuals who
are connected with the sanctions targets and are located throughout
the world.
A number of the named individuals and entities are known to
move from country to country and may end up in locations where
they would be least expected. U.S. persons are prohibited
from dealing with SDNs wherever they are located and all SDN
assets are blocked. Because OFAC's programs are dynamic and
constantly changing, it is very important to check OFAC's
website on a regular basis to ensure that your SDN list is
current and you have complete information regarding current
restrictions affecting countries and parties with which you
plan to do business. [11-16-07]
All U.S. persons must comply with OFAC regulations,
including all U.S. citizens and permanent resident aliens
regardless of where they are located, all persons and entities
within the United States, all U.S. incorporated entities and
their foreign branches. In the cases of certain programs,
such as those regarding Cuba and North Korea, all foreign
subsidiaries owned or controlled by U.S. companies also must
comply. Certain programs also require foreign persons in possession
of U.S. origin goods to comply. [09-10-02]
The fines for violations can be substantial.
Depending on the program, criminal penalties can include fines
ranging from $50,000 to $10,000,000 and imprisonment ranging
from 10 to 30 years for willful violations. Depending on the
program, civil penalties range from $250,000 or twice the amount of each underlying transaction to $1,075,000
for each violation. [11-16-07]
Yes, a company can and is encouraged to voluntarily
disclose a past violation. Self-disclosure is considered a
mitigating factor by OFAC in Civil Penalty proceedings. A
self-disclosure should be in the form of a detailed letter,
with any supporting documentation, to Adam Szubin, Director,
Office of Foreign Assets Control, U.S. Department of the Treasury,
1500 Pennsylvania Ave., N.W., Washington, DC 20220. OFAC does
not have an "amnesty" program. The ramifications of non-compliance,
inadvertent or otherwise, can jeopardize critical foreign
policy and national security goals. OFAC does, however, review
the totality of the circumstances surrounding any violation,
including the quality of a company's OFAC compliance program.
[11-16-07]
Great care should be taken when placing reliance
on such materials to ensure that the transactions in question
fully conform to the letter and spirit of the published materials
and that the materials have not been superseded. [09-10-02]
Yes. OFAC, therefore, strongly encourages parties
to exercise due diligence when their business activities may
touch on an OFAC-administered program and to contact OFAC
if they have any questions about their transactions. [09-10-02]
Financial operations bulletins are geared
toward the financial operations community, while "What's New"
notices are geared toward the general public (including exporters
and importers, practicing attorneys, and researchers). Generally
speaking, those in the operations areas of banks, brokerage
houses, and other financial service providers do not require
the level of detail and wealth of information provided in
notices to the general public. Instead, they are primarily
interested in changes directly impacting their day-to-day
operations, such as updates to OFAC's listing Specially Designated
Nationals and Blocked Persons. All "What's New" notices to
the general public also contain information from OFAC's financial
operations bulletins. It is not unusual for the date listed
for a What's New notice to be later than the date listed for
the latest Financial Operations Bulletin. [09-10-02]
Questions about Specially
Designated Nationals (SDNs)
As part of its enforcement efforts, OFAC publishes
a list of individuals and companies owned or controlled by,
or acting for or on behalf of, targeted countries. It also
lists individuals, groups, and entities, such as terrorists
and narcotics traffickers designated under programs that are
not country-specific. Collectively, such individuals and companies
are called "Specially Designated Nationals" or "SDNs." Their
assets are blocked and U.S. persons are generally prohibited
from dealing with them. [09-10-02]
The best way to get the list is from OFAC's
website. The list is disseminated in a number of different
formats, including fixed field/delimited files that can be
integrated into databases. [09-10-02]
The SDN list is frequently updated. There is
no predetermined timetable, but rather names are added or
removed as necessary and appropriate. [09-10-02]
All changes for the current calendar year are
cumulatively available in a .PDF
file and in an ASCII
version. Cumulative changes for prior years back to 1994
are also available in ASCII format by following this link.
The same link will take you to a *.PDF version of the file
for calendar year 2001. [11-16-07]
OFAC has long maintained such a list. The file
is available for downloading by clicking on the DOS
or Windows
Delimited SDN List links on OFAC's Website. The file is
contained within those self-extracting archives and is called
ctry_list.txt. It is important to understand that many SDN
individuals and entities may operate in countries other than
those in which they are based. The relevant regulations prohibit
transactions with and/or block the property of SDNs wherever
they are located. [09-10-02]
If you have checked a name manually or by using
software and find a match, you should do a little more research.
Is it an exact name match, or very close? Is your customer
located in the same general area as the SDN? If not, it may
be a "false hit." If there are many similarities, contact
OFAC's "hotline" at 1-800-540-6322 for verification. If your
"hit" concerns an in-process wire transfer, you
may prefer to e-mail
your question to OFAC. Unless a transaction involves an
exact match, it is recommended that you contact OFAC Compliance
before actually blocking assets. [09-10-02]
The Control List was developed by the law enforcement
community in response to the events of September 11. It is
separate from the OFAC's SDN list and is not disseminated
by OFAC. If you have received a copy of this list, you should
follow the instructions received with it. [09-10-02]
Questions from Financial
Institutions
No. There is no single compliance program suitable
for every financial institution. OFAC is not itself a bank
regulator; its basic requirement is that financial institutions
not violate the laws that it administers. Financial institutions
should check with their regulators regarding the suitability
of specific programs to their unique situations. [09-10-02]
The Starter Kit is comprised of the SDN
list, the brochure for the industry you represent (financial,
travel/tourism, insurance, export/import, or securities),
and any articles
that appear to be of interest based on your specific needs
or interest. These documents can be obtained from OFAC's website
or from OFAC's fax-on-demand service (202/622-0077). [09-18-02]
This is primarily a question for your regulator.
What constitutes an adequate compliance program depends in
large part on who your customers are and what kinds of business
you do. Certain areas of bank operations, such as international
wire transfers and trade finance, are at a higher risk than
others. There are numerous interdiction software packages
that are commercially available. They vary considerably in
cost and capabilities. If your bank feels it needs to invest
in software in its attempt to comply with OFAC regulations,
OFAC recommends that you talk to your counterparts in other
banks about the systems they have in place and contact vendors
for an assessment of your needs. It should be noted that *.TXT
and *.PDF versions of OFAC's SDN list can be manually scanned;
OFAC's *.TXT list can also be queried using standard word
processing software.
[09-10-02]
The frequency of running an OFAC scan must be
guided by your internal bank policy and procedures. Keep in
mind, however, that if your bank fails to identify and block
a target account (of a terrorist, for example), there could
be "real world" consequences such as a transfer of funds or
other valuable property to an SDN, an enforcement action against
your bank, and negative publicity. [09-10-02]
The following information
will provide you with areas to consider as you review your
OFAC procedures
There is no prepackaged compliance program that
fits the needs of every bank. Banks, obviously, range in size
from small to some of the largest institutions in the world.
A good starting point is to go to the OFAC website and look
under "Regulations
by Industry." Then read the brochure
for the Financial Community. This brochure provides insight
as to how your particular bank could set up a compliance program.
There are also a number of articles written for banking industry
publications available on OFAC's website. See, for example,
OFAC
Primer or Community
Banks. It may be helpful to contact your counterparts
in other banks to see what they are doing and talk to your
regulator. [09-10-02]
There are a wide variety of software packages
available to the financial community. The size and needs of
each institution help to determine what to look for in a package.
Some packages are used to interdict sanctioned countries and
SDN names in wire transfers, while others are used to check
the names of new customers; other packages also filter the
names of all account holders. One suggestion for finding the
right software for your bank is to research what your peer
banks are using and determine if the software package is working
for them. Your bank also could talk to a variety of software
vendors who can easily be located by doing an Internet search.
[09-10-02]
Once it has been determined that funds need
to be blocked, they must be placed into an interest-bearing
account on your books from which only OFAC-authorized debits
may be made. The blocking also must be reported to OFAC Compliance
within 10 business days. Some banks have opted to open separate
accounts for each blocked transaction, while others have opted
for omnibus accounts titled, for example, "Blocked Libyan
Funds." Either method is satisfactory, so long as there is
an audit trail which will allow specific funds to be unblocked
with interest at any point in the future. [09-10-02]
OFAC regulations require that funds earn interest
at a commercially reasonable rate, i.e., at a rate currently
offered to other depositors on deposits or instruments of
comparable size and maturity. [09-10-02]
Generally yes. In most cases (excluding Iraq,
for instance) OFAC regulations contain provisions to allow
a bank to debit blocked accounts for normal service charges,
which are described in each set of regulations. The charges
must be in accordance with a published rate schedule for the
type of account in which the funds are maintained. [09-10-02]
No. OFAC regulations are tailored to further
the requirements and purposes of specific Executive Orders
or statutes which provide the basic outline of each program.
In some cases, the President has determined that a comprehensive
asset freeze is appropriate, and in others the President has
determined that more limited restrictions (for example, import
bans) are in order. The individual program brochures outline
the restrictions for each program. [09-10-02]
In some cases, an underlying transaction may
be prohibited, but there is no blockable interest in the transaction.
In these cases, the transaction is simply rejected, or not
processed. For example, a U.S. bank would have to reject a
wire transfer between two third-country companies (non-SDNs)
involving an export to a non-SDN company in Sudan. Since there
is no interest of the Government of Sudan or an SDN, there
is no blockable interest in the funds. The U.S. bank cannot
process the transaction because that would constitute a transaction
in support of a commercial activity in Sudan, which is prohibited
by the Sudanese Sanctions Regulations. Similarly, a U.S. bank
could not be involved in the financing of a prohibited transaction.
A U.S. bank cannot so much as advise a letter of credit if
the underlying transaction is in violation of OFAC regulations.
Please note that the Iranian Transactions Regulations contain
no blocking provisions.
The following examples may help illustrate which transactions
should be blocked and which should be rejected.
• A U.S. bank interdicts a commercial payment destined
for the account of XYZ Import-Export Co. at the Bank of Khartoum
in Khartoum, Sudan. The Bank of Khartoum is wholly-owned by
the Government of Sudan and, accordingly, is a Specially Designated
National of Sudan. This payment must be blocked.
• A U.S. bank interdicts a commercial payment destined
for the account of ABC Import-Export at Sudanese French Bank,
Khartoum, Sudan. Unlike the Bank of Khartoum, Sudanese French
Bank, Khartoum is a private sector entity so there is no blockable
interest in this payment. However, processing the payment
would mean facilitating trade with Sudan and providing a service
in support of a commercial transaction in Sudan, therefore
the U.S. bank must reject the payment.
• A U.S. bank interdicts a commercial payment originating
from a commercial account on its books and destined for the
account of the Tehran Computer Corporation at a French bank
in Paris. The beneficiary’s address confirms that it’s
a company in Iran. This payment must be rejected by the U.S.
bank because of the prohibitions against facilitating trade
with Iran. The payment is not a “U-Turn” because
it was not initiated by a foreign bank.
• A U.S. bank interdicts a commercial payment from
a corporate account on its books destined for the account
of the French Computer Corporation at Bank Tejarat, in Paris
through a correspondent account of Bank Tejarat on the books
of a British bank. The beneficiary’s address confirms
that it’s a company in France. However, this payment
must be rejected by the U.S. bank because Bank Tejarat is owned
by the Iranian government, and processing the payment would
be facilitating trade with Iran.
• A U.S. bank interdicts a commercial payment destined
for the account of the French Computer Corporation at Bank
Tejarat, in Paris on the books of a U.S. bank. The beneficiary’s
address confirms that it’s a company in France. However,
this payment must be rejected by the U.S. bank because the
account of Bank Tejarat is an “Iranian account”
on the books of a U.S. bank and cannot be operated.
• A U.S. bank interdicts an unlicensed commercial payment
going to a private-sector entity in Cuba. Under the Cuban
Assets Control Regulations, all property and property interests
of Cuban nationals – defined to include any person or
entity in Cuba - are blocked. As a result, this payment must
be blocked.
Rejected and blocked funds transfers must be reported to
OFAC within 10 days. Questions about whether a transaction
should be blocked or rejected should be directed to OFAC Compliance.
[11-16-07]
No, the accounts are restricted. The Iranian
sanctions prohibit the export of goods or services to Iran.
By operating an account for an individual or company in Iran,
the bank would be exporting services to that person or entity
in violation of the Iranian Transactions Regulations. The
accounts, however, are not blocked. The account holder can
close the account and have the funds transferred to his or
her account outside the United States. [09-10-02]
A "U-Turn" payment involving Iran is where U.S.
dollar transactions involving Iran are cleared through a U.S.
bank. Generally speaking, there must be a third-country bank
on both sides of a transaction to qualify as a "U-Turn." For
example, Bank Tejarat Iran can send funds from its account at
a German bank through the German bank's correspondent in New
York to an Italian bank to pay for goods purchased from Italy.
The originating and beneficiary banks may not be U.S. banks.
[09-10-02]
You need to discuss this with your state authorities
and with OFAC. For instance, the state of New York has a license
to escheat blocked funds, pending OFAC approval of each transfer.
Banks in New York should contact the State Banking Department
for instructions on how to proceed. Banks in other states
should contact OFAC directly for instructions on how to proceed.
[09-10-02]
This depends on the program. If you have a payment
involving an embassy in a targeted country, please contact
OFAC Compliance for directions (1-800-540-6322). [09-10-02]
An institution may notify its customer that
it has blocked funds in accordance with OFAC's instructions.
The customer has the right to apply for the unblocking and
release of the funds. Information on OFAC's licensing procedures
is available on the website. For a copy of the *.PDF application
form for the unblocking of funds transfers (TD F 90-22.54),
please direct your customer to this link.
[09-10-02]
A U.S. bank cannot open an account for a person
named on the SDN list. This is a prohibited service. However,
you should pay careful attention to be sure the person trying
to open the account is the same person as the one named on
OFAC's list. In many cases you may get a "false positive,"
where the name is similar to a target's name, but the rest
of the information provided by the applicant does not match
the descriptor information on OFAC's SDN list. If the bank
does come into the possession or control of any property in
which a blocked person has an interest, it is obligated to
block that property. In other words, if you receive an application
to open an account from a person who matches the information
on the SDN list, together with an opening deposit, you are
obligated to block the funds. The same is true for other banking
transactions. If, for example, a customer asks if he or she
is allowed to send money to a relative's account with Bank
of Khartoum in Sudan, the bank can say "no, that's illegal."
If, on the other hand, a bank receives instructions from its
customer to debit his or her account and send the funds to
Bank of Khartoum, the bank must act on the instructions by
blocking the funds which contain a future interest of the
Sudanese SDN bank. You might think of the analogy of a bouncing
ball. Once the ball starts moving, you must stop it if it
comes into your possession.
[04-06-05]
There is no legal or regulatory requirement
to use software or to scan. There is a requirement, however,
not to violate the law by doing business with a target or
failing to block property. OFAC realizes that financial institutions
use software that does not always provide an instantaneous
response and may require some analysis to determine if a customer
is indeed an SDN. The important thing is not to conclude transactions
before the analysis is completed. [09-10-02]
There is no minimum or maximum amount subject
to the regulations. [09-10-02]
Every transaction that a U.S. financial institution
engages in is subject to OFAC regulations. If a bank knows
or has reason to know that a target is party to a transaction,
the bank's processing of the transaction would be unlawful.
[09-10-02]
If you have confirmed with OFAC that you have
a "good hit," there is no reason not to explain that to the
customer. The customer can contact OFAC directly for further
information. [09-10-02]
Donations to charitable institutions must be
handled as any other financial transaction. The donating bank
or institution should crosscheck the recipient names against
OFAC's SDN list and assure that the donations are in compliance
with OFAC sanctions programs. [09-10-02]
When your interdiction software or account holder
checking service shows a potential match, OFAC recommends
that you do an initial analysis prior to contacting OFAC.
If you have a reasonably close match to a name on the SDN
list and your customer is located in the same vicinity as
the SDN, feel free to contact OFAC Compliance. Computer software
can only deal with letters and numbers. It will inevitably
flag some transactions that are not actually OFAC targets.
This is where human intervention becomes critical and some
hands-on research may be necessary. Questions that ought be
asked by a Compliance Officer before calling OFAC include:
Is it an exact name match, or very close? Is the suspect party
located in the same general area as the SDN? If there are
many similarities, then contact OFAC for verification. Unless
you have an exact match or are otherwise privy to information
indicating that the hit is a target, it is recommended that
you not actually block a transaction without discussing the
matter with OFAC. [09-10-02]
At the moment, OFAC requires that all blocking
and reject reports be submitted in writing. Optional reporting
forms are available at this link.
Reports may be mailed in or faxed to OFAC Compliance at 202-622-2426.
Blocking and reject reports must contain a copy of the original
transfer instructions. OFAC is currently working with the
financial community on a pilot project to permit the filing
of such reports electronically. If you wish to participate
in the pilot project, please contact OFAC Compliance. [09-10-02]
Yes. A report of blocked property is to be submitted
annually by September 30 to OFAC Compliance, Department of
the Treasury, Washington, D.C., 20220. The standardized form
can be accessed by visiting this link.
If you wish to use a different format, please contact OFAC's
Blocked Assets Division at 202-622-2440. [09-10-02]
With respect to blocked funds transfers, you
will need to submit an application
for the release of blocked funds form which is available
on OFAC's website under "Forms." You should print this form,
complete the required information, attach payment instructions,
and mail it to:
Office of Foreign Assets Control
U.S. Department of the Treasury
Treasury Annex
1500 Pennsylvania Avenue, NW
Washington, DC 20220
Attn: Licensing Division
OFAC requests that the application form be submitted
in triplicate. The form must be sent by hard copy - fax copies
will not be accepted. It is extremely important that the underlying
transaction be described in detail and copies of supporting
documentation be included in the package.
[09-10-02]
Yes, U.S. financial institutions are authorized
to open correspondent accounts for, and process funds transfer
to or on behalf of Iraqi financial institutions.
[07-27-04]
In those programs with blocking provisions, OFAC's regulations
block all "property" in which a target has an interest.
The term "property" is very broadly defined, including
present, future or contingent interests. In the case of a
wire transfer, the bank will be holding blocked property upon
the receipt of concrete instructions from its customer to
send the funds. In this case, the funds must be blocked and
reported to OFAC within ten days. If, on the other hand, a
customer simply asks "Can I send money to Cuba?"
there is no blockable interest in the inquiry and the bank
can answer the question or direct them to OFAC. The same logic
applies to cases where the transaction would be required to
be rejected under OFAC regulations. There is not technically
a "reject" item until the bank receives instructions
from its customer to debit its account and send the funds.
[09-17-04]
In the absence of information proving to your satisfaction
that the account holder is not in Iran, you should consider
the account restricted based on the W-8 filing. [06-24-05]
"Property," as defined in OFAC regulations, includes most products that financial institutions offer to their clients. "Property interest," as defined by OFAC, includes any interest whatsoever, direct or indirect, present, future or contingent. Given these definitions and as a matter of sound banking practice, it is prudent for financial institutions to screen account beneficiaries upon account opening, while updating account information, when performing periodic screening and, most definitely, upon disbursing funds. Where there is a property interest of a sanctions target under a blocking program, the property must be blocked. Beneficiaries include, but are not limited to, trustees, children, spouses, non-spouses, entities and powers of attorney. [12-04-06]
No. All U-turn transactions involving Bank Saderat were prohibited as of September 8, 2006, including those related to interbank money market deposits, loans to other banks, and foreign exchange deals entered into prior to that date. [12-04-06]
Questions from Exporters
& Importers
Yes. The number is 1-800-540-6322 (local: 202-622-2490).
Staff includes individuals with extensive experience working
at the Trade Information Center at Commerce headquarters in
Washington, D.C., running workshops on international trade,
and even assisting with articles in Export America magazine.
[09-10-02]
Specially Designated Nationals and Blocked Persons
(SDNs) are individuals and entities located throughout the
world that are blocked pursuant to the various sanctions programs
administered by OFAC. SDNs can be front companies, parastatal
entities, or individuals determined to be owned or controlled
by, or acting for or on behalf of, targeted countries or groups.
They also can be specially identified individuals such as
terrorists or narcotics traffickers. U.S. persons are prohibited
from engaging in any transactions with SDNs and must block
any property in their possession or under their control in
which an SDN has an interest. SDNs are designated primarily
under the statutory authority of the Trading With the Enemy
Act, the International Emergency Economic Powers Act, the
Anti-Terrorism and Effective Death Penalty Act and the Foreign
Narcotics Kingpin Designation Act. Implementing regulations
can be found in Chapter V, Title 31 of the U.S. Code of Federal
Regulations.
The Bureau of Industry and Security ("BIS")
of the U.S. Department of Commerce maintains separate lists
for the purposes of the programs that it administers (including
the Denied Persons List and the Entity List). The Denied Persons
List consists of individuals and companies that have been
denied export and re-export privileges by BIS. The Entity
List consists of foreign end users who pose an unacceptable
risk of diverting U.S. exports and the technology they contain
to alternate destinations for the development of weapons of
mass destruction. Accordingly, U.S. exports to those entities
may require a license. Authority for the Denied Persons List
and the Entity List can be found in Title 15, Part 764, Supplement
No. 2 and Title 15, Part 744, Supplement No.4 of the U.S.
Code of Federal Regulations, respectively.
The foreign policy objectives and legal requirements
of the SDN list are significantly different from those of
the BIS lists. The Commerce lists do not involve a full trade
embargo of all goods and services nor do they require U.S.
persons to block property. They are concerned with issues
of export privileges and export licensing. The unique goals
of the OFAC and BIS programs preclude the creation of a unified
"master list." [09-10-02]
Questions related to
NGO Registration Numbers
Pursuant to 31 CFR §538.521 (Sudan) and 31 CFR §537.523 (Burma) registration numbers
may be issued to nongovernmental organizations involved in
humanitarian or religious activities in certain area of Sudan and Burma. NGOs can provide assistance in the Specified Areas of Sudan without a specific license or registration number. The Specified Areas of Sudan are identified as Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur and marginalized areas in and around Khartoum. Marginalized areas include the following official camps for internally displaced persons: Mayo, El Salaam, Wad El Bashir and Soba. NGOs involved in humanitarian or religious activities in the non-Specified Areas of Sudan would need to apply for a specific license or registration number. Specific guidelines
for NGO registration  can
be found on OFAC's website under "Guidelines and Information
for Sudan" under "Sanctions Programs and Country Summaries."
This document outlines the necessary steps for becoming a
registered NGO. These guidelines can also be found in 31 CFR
§501.801(c). Providing all of the required information will
help to expedite the registration process. [11-16-07]
Each application is reviewed on a case-by-case
basis and often requires interagency consultation. Although
we cannot predict how long this review might take, following
existing application guidelines will help to expedite your
determination. [09-10-02]
Most OFAC sanctions programs provide exemptions
to their prohibitions for certain donated goods, such as articles
to relieve human suffering. This is not the case for all programs,
however. If you wish to donate food to Sudan, for example,
you must apply for a specific license. You should refer to
the legal section of OFAC's website for the regulations applicable
to the specific target or target country of your donation.
[09-10-02]
Questions from
the Insurance Industry
OFAC's regulations under the Trading with the
Enemy Act and the International Emergency Economic Powers
Act are based on Presidential declarations of national emergency
and preempt state insurance regulations. OFAC regulations
are not federal insurance regulations, they are regulations
promulgated under the President's exercise of foreign-affairs
and national emergency powers. [09-10-02]
If you receive an application from an SDN for
a policy, you are under an obligation not to issue the policy.
Remember that when you are insuring someone, you are providing
a service to that person. You are not allowed to provide any
services to an SDN. If the SDN sends a deposit along with
the application, you must block the payment. [09-10-02]
The first thing an insurance company should
do upon discovery of such a policy is to contact OFAC Compliance.
OFAC will work with you on the specifics of the case. It is
possible a license could be issued to allow the receipt of
premium payments to keep the policy in force. Although it
is unlikely that a payment would be licensed to an SDN, it
is possible that a payment would be allowed to an innocent
third party. The important thing to remember is that the policy
itself is a blocked contract and all dealings with it must
involve OFAC. [09-10-02]
If an insurer knows that a person covered under
the group policy is an SDN, that person’s coverage is
blocked, and if he or she makes a claim under the policy,
the claim cannot be paid. If an insurer does not know the
names of those covered under a group policy, it would have
no reason to know it needed to block anything unless and until
an SDN files a claim under that policy. At that point its
blocking requirement would kick in.
[03-12-03]
That is up to your firm and your regulator.
Remember that a critical aspect of the designation of an SDN
is that the SDN's assets must be frozen immediately, before
they can be removed from U.S. jurisdiction. If a firm only
scrubs its database quarterly, it could be 3 months too late
in freezing targeted assets. The SDN list may be updated as
frequently as a few times a week or as rarely as once in six
months. [09-10-02]
That’s up to your firm and your regulators. Conducting
screening only before policy issuance is critical but would
not likely achieve your desired level of compliance. After
the policy issuance, the U.S. Government may designate an
existing policyholder or a named beneficiary as a Specially
Designated National or Blocked Person (“SDN”),
or it may expand sanctions with respect to a particular country,
or impose sanctions against a new country. If an existing
policyholder or a named beneficiary became an SDN or otherwise
subject to U.S. sanctions, the insurer may be required to
“block” the policy, report such blocking to OFAC
within 10 days of the SDN designation, place any future premiums
into a blocked, interest-bearing account at a U.S. financial
institution, and seek an OFAC license before making any payments
under the policy. Consequently, routine screening of all policies
in force against OFAC’s SDN list, as frequently updated,
would enable the insurer to comply with the applicable OFAC
regulatory requirements. It also is important to screen the
policyholder and beneficiary prior to paying a claim. [05-01-03]
In general, an insurance policy is considered “property”
and a beneficiary’s interest in the policy is considered
an “interest in property” that may require blocking
under the applicable regulations. The Cuban Assets Control
Regulations, however, contain a general license that deals
with transactions involving blocked life insurance policies.
31 C.F.R. § 515.526. In this case, the only blocked interest
is that of a beneficiary, so the general license would authorize
the insurer to accept premium payments and interest on policy
loans as well as to pay loans to the insured or process the
insured’s request for a change of beneficiary. Also,
the insurer would be authorized under the general license
to deduct premiums from cash surrender value, if any, or accumulate
dividends or otherwise increase cash surrender value on the
books of the insurer, pursuant to the terms of the policy.
However, the insurer usually cannot pay an entire claim (the
face amount of the policy) to the beneficiary without a specific
license from OFAC. Recent amendments to the Cuba regulations
authorize by general license remittances to a Cuban beneficiary
of up to $300 per quarter from a blocked account at a U.S.
banking institution if the funds in that account were deposited
there as a result of a payment from a life insurance policy
triggered by the death of the policy holder. If you have a
blocked policy, you should seek legal advice or contact OFAC
for further guidance regarding the handling of that particular
account. [05-01-03]
Yes, the insurer may notify the policyholder that the policy
is blocked, without obtaining a specific license from OFAC.
[05-01-03]
The insurer may instruct the policyholder as follows: “If
you send any more premium, we are required under applicable
U.S. laws and regulations to place such funds in a blocked
account. If you have any questions, please contact the U.S.
Department of Treasury’s Office of Foreign Assets Control.”
[05-01-03]
The best and most reliable approach for insuring global risks without violating U.S. sanctions law is to insert in global insurance policies an explicit exclusion for risks that would violate U.S. sanctions law. For example, the following standard exclusion clause is often used in open marine cargo policies to avoid OFAC compliance problems: “whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions, such coverage shall be null and void.” The legal effect of this exclusion is to prevent the extension of a prohibited service (insurance or risk assumption) to sanctioned countries, entities or individuals. It essentially shifts the risk of loss for the underlying transaction back to the insured - the person more likely to have direct control over the economic activity giving rise to the contact with a sanctioned country, entity or individual. [11-16-07]
OFAC recognizes that U.S. insurers often compete in international markets where non-U.S. insurers are willing and able to issue global insurance policies without a U.S. sanctions exclusion. In cases where such an exclusion is not commercially feasible, the insurer should apply for a specific OFAC license for the global insurance policy. In making a licensing determination, OFAC will review the facts and circumstances of each global insurance policy, including both risk frequency and risk severity, to assure that issuance of the policy will not undermine U.S. foreign policy goals. A separate license would be required for the insurer to pay claims arising under any authorized global insurance policy. [11-16-07]
The provision of all travel related services are authorized for all OFAC country sanctions programs (including Burma, Iran and Sudan) except Cuba. Travel related services may only be provided in Cuba pursuant to a valid general or specific OFAC license. If the traveler is a U.S. person traveling to Cuba pursuant to a valid OFAC license, travel insurance may be issued to the traveler by a U.S. insurer without a separate license. While there are some instances when U.S. persons travel to Cuba without a valid license (and thus pose sanctions problems for U.S. travel insurers), U.S. travel insurance providers most frequently face sanctions problems when they offer travel insurance products to third country nationals traveling to Cuba. In such cases the U.S. insurer must obtain a license to issue the travel insurance product. Additionally, insurers must also be sure to check OFAC’s list of Specially Designated Persons to ensure that no services of any kind are rendered to persons or entities on this list. [02-11-08]
Consumer Credit
Report
What Is This
OFAC Information On My Credit Report?
Credit bureaus and agencies in particular have
adopted new measures to ensure compliance with OFAC regulations.
Before issuing a credit report, they use special "interdiction"
software developed by the private sector to determine if a
credit applicant is on the SDN list. This software matches
the credit applicant's name and other information to the individuals
on the SDN list. If there is a potential match, the credit
bureaus are placing a "red flag" or alert on the report. This
does not necessarily mean that someone is illegally using
your social security number or that you have bad credit. It
is merely a reminder to the person checking your credit that
he or she should verify whether you are the individual on
the SDN list by comparing your information to the OFAC information.
If you are not the individual on the SDN list, the person
checking your credit should disregard the OFAC alert, and
there is no need to contact OFAC. However, if the person checking
your credit believes you are the person on the SDN list, then
he or she should call the OFAC Hotline to verify and report
it.
How Can I Get
The OFAC Alert Off My Credit Report?
A consumer has the right under the Fair Credit
Reporting Act (FCRA), 15 U.S.C. 1681 et seq., to request the
removal of incorrect information on his/her credit report.
To accomplish this, consumers should contact the credit reporting
agency or bureau that issued the credit report. For more information
on consumers' rights under the FCRA, visit the Federal Trade
Commission's website at http://www.ftc.gov/os/statutes/fcrajump.shtm
^ TOP
Online Compliance
Can I send money to
a sanctioned country using a third-country company’s
website? Can I buy gifts for someone in a sanctioned country
over the internet? The websites tell me that it’s ok
because they themselves are not sanctioned parties.
You cannot do something indirectly that you would not be
able to do directly. Therefore, these sites can be used to
facilitate authorized transactions, but you cannot use them
to perform a transaction which would be in violation of U.S.
law. For example, the Cuban Assets Control Regulations authorize
any U.S. person to send $300/quarter to any individual in
Cuba. The U.S. remitter can use a third-country provider to
send these funds to Cuba. If the person attempts to send more
than $300/quarter to any one individual, however, he or she
is in violation of U.S. law and subject to penalties. Another
example is booking tourist travel to Cuba using an internet
travel service provider in a third country. Spending money
on tourism is prohibited by the CACR, regardless of how the
travel is booked or how it is paid for. Ultimately some of
these funds will end up in Cuba in violation of U.S. law.
The fact that the trip was booked through a third-country
company, either in person or over the internet, is irrelevant.
[04-13-04]
My company provides money remittance
and account services via the Internet. Does OFAC have any
compliance guidance for this type of business?
Complying with United States sanctions policy presents unique
challenges to institutions that operate exclusively on the
Internet. The Internet has often been thought of as an “anonymous
venue” in that e-commerce transactions can be conducted
in relative privacy with little or no face-to-face contact
among the parties in a transaction. This anonymity creates
a significant challenge for Internet businesses that wish
to satisfy their due diligence requirements.
In order to be compliant with OFAC-governed sanctions regulations,
US jurisdiction entities must ensure that they are not:
A. Engaging in trade or transaction activities that violate
the regulations behind OFAC’s country-based sanctions
programs, and;
B. Engaging in trade or transaction activities with sanctions
targets named on OFAC's list of Specially
Designated Nationals and Blocked Persons (SDN's).
A number of Internet-based financial service companies already
developed Internet Protocol (IP) address blocking procedures.
These companies use publicly available data to maintain tables
of IP addresses based on geographic region. Users attempting
to initiate an online transaction or access an account from
a sanctioned country are blocked based on their IP address.
While this approach is effective, it does not fully address
an Internet firm’s compliance risks. The fact that international
distribution authorities can reassign IP blocks makes the
geographic location of an IP potentially dynamic.
The anonymous character of Internet-based transactions often
places obstacles in the path of rigorous compliance practices.
Firms that facilitate or engage in e-commerce should do their
best to know their customers directly. In order to minimize
their liabilities, Internet remittance and account service
firms should attempt to gather authentic identification information
on their customers before a new account is opened or new transaction
is initiated. This information will help confirm the customer’s
identity and help the e-commerce firm ensure it is not conducting
business with a sanctions target. Currently many Internet
remittance companies use credit card authentication as the
primary method of confirming a customer’s identity.
While this method is technologically expedient, it does not
meet the standards of due diligence normally found in the
non-Internet-based financial community. A company cannot rely
on another firm’s compliance program in order to mitigate
risk.
It is recommended that e-commerce firms gather and record
“purpose of payment” information on each transaction
they process. In the non-Internet sector, financial institutions
are able to stop in-process transactions and gather more information
on them. Due to the level of automation found within the Internet
financial sector, this type of in-process information gathering
is not always possible. Collecting information on the purpose
of payments up front will allow Internet firms to better screen
outgoing and incoming transactions for potential violations.
[04-13-04]
Licensing Questions
A license is an authorization from OFAC to engage in a transaction that otherwise would be prohibited. There are two types of licenses: general licenses and specific licenses.
A general license authorizes a particular type of transaction for a class of persons without the need to apply for a license.
A specific license is a written document issued by OFAC to a particular person or entity, authorizing a particular transaction in response to a written license application.
Persons engaging in transactions pursuant to general or specific licenses must make sure that all conditions of the licenses are strictly observed.
OFAC’s regulations may contain statements of OFAC's specific licensing policy with respect to particular types of transactions. [06-16-06]
Most license applications do not have to be submitted on a particular form. However, it is essential to include in the request all necessary information as required in the application guidelines or the regulations pertaining to the particular embargo program. When applying for a license, provide a detailed description of the proposed transaction, including the names and addresses of any individuals/companies involved. The mailing address for license applications is:
Office of Foreign Assets Control
U.S. Department of the Treasury
Treasury Annex
1500 Pennsylvania Avenue, NW
Washington , DC 20220
Attn: Licensing Division
Further contact information can be found under the "Contacts"
section of OFAC's website. Depending upon the transaction,
there may be specific guidance available on OFAC's website
under relevant "Guidelines and Information" in "Sanctions
and Country Program Summaries." [06-16-06]
A denial by OFAC of a license application constitutes
final agency action. The regulations do not provide for a
formal process of appeal. However, OFAC will reconsider its
determinations for good cause, for example, where the applicant
can demonstrate changed circumstances or submit additional
relevant information not previously made available to OFAC.
[09-10-02]
OFAC will notify applicants in writing as soon as a determination has been made on their application. The length of time for determinations to be reached will vary depending on the complexity of the transactions under consideration, the scope and detail of interagency coordination, and the volume of similar applications awaiting consideration. Applicants are encouraged to wait at least two weeks before telephonically contacting the Licensing Division at (202) 622-2480 or the Compliance Division at (202) 622-2490 to inquire about the status of their application. [06-16-06]
Many of OFAC's licensing determinations are guided by U.S. foreign policy and national security concerns. Numerous issues often must be coordinated with the U.S. Department of State and other government agencies, such as the U.S. Department of Commerce. Please note that the need to comply with other provisions of 31 C.F.R. chapter V, and with other applicable provisions of law, including any aviation, financial, or trade requirements of agencies other than the Department of Treasury’s Office of Foreign Assets Control. Such requirements include the Export Administration Regulations, 15 C.F.R. Parts 730 et seq., administered by the Department of Commerce, and the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, administered by the Department of State. [06-16-06]
Yes. A permit from the Government of Cuba is property in
which the Government of Cuba has an interest. Therefore, a
license from OFAC is necessary prior to obtaining the permit,
even if no funds are changing hands at this point in the process.
Many U.S. companies provide permitting and payment services
on behalf of their clients. If such a facilitator holds an
OFAC license to obtain the permits and make the payments to
the Government of Cuba, there is no need for each individual
client to obtain a separate OFAC authorization. [01-06-06]
OFAC permits two format options for submitting TSRA license applications: hard-copy and CD-ROM. Applications submitted using a CD-ROM, however, must be accompanied by a cover letter that includes some essential information: the purpose of the application and the applicant’s full contact information. If either the cover letter or the pertinent information is missing, the application is considered incomplete and risks delay or rejection.
In addition, the CD-ROM should contain an electronic copy of the application. OFAC prefers that the application be saved as a pdf file on the CD-ROM; however, this is not required. [06-14-2007]
Applicants should clearly enumerate in a table format all pertinent information related to their proposed transactions, including: a) Full names and addresses of all parties involved in the transactions and their roles, including financial institutions and any Iranian or Sudanese broker (identify company principals), purchasing agent (identify company principals), end-user(s) (full contact name), or other participants involved in the purchase of the proposed export items; and
b) If applicable, the commodity classification numbers that are associated with the proposed export items. [06-14-2007]
OFAC requires applicants to submit each individual application in a separate envelope, accompanied by a separate cover letter. Applicants should not submit multiple applications in a single envelope with a single cover letter. If you submit applications in that manner, you may encounter some delay in the processing of your applications. Therefore, in order to prevent such delay, submit one application with one cover letter per envelope. [06-14-2007]
OFAC requires applicants to submit each individual application in a separate envelope, accompanied by a separate cover letter. Applicants should not submit multiple applications in a single envelope with a single cover letter. If you submit applications in that manner, you may encounter some delay in the processing of your applications. Therefore, in order to prevent such delay, submit one application with one cover letter per envelope. [06-14-2007]
No. OFAC does not require samples of proposed export products to be sent as attachments to any application. OFAC does not need to examine samples of the actual product in making its final determination. Therefore, please do not include any samples with your application.
Technology Questions
Yes. OFAC's SDN list is available in XML, fixed-field
and delimited formats that can be imported into a variety
of software programs. [12-19-07]
OFAC publishes the SDN data in a comma separated values format (CSV). This format is recognized by Excel and other spreadsheet programs and can be imported into spreadsheet format by simply opening the file in your default spreadsheet application [06-14-07]
OFAC has rigorous quality control procedures in place to ensure that all SDN data are current and accurate when they are released. All of the SDN information is downloaded and checked by OFAC personnel using the same interface that any member of the public might employ. A number of local issues can impact a user’s ability to download current information; many of these issues are associated with caching done by a user’s browser or by the firewall/security systems that protect a specific enterprise. OFAC can only offer technical support when it comes to OFAC provided data and OFAC managed systems (like the OFAC website or OFAC FTP servers). If you continue to have difficulty downloading the latest SDN information, OFAC recommends that you contact your internal IS/IT support and request their assistance in resolving a caching issue. Users having specific problems opening the PDF/Adobe Acrobat version of the SDN list may also review the information available here. [03-20-2008]
The delimiter varies based upon the file type. Files that end in .DEL have an @ (at) symbol as the delimiter. Files that end in .CSV have a comma delimiter. Files that end in .FF have a fixed width delimiter. Files that end in .PIP use the | (pipe) symbol as a delimiter.
[06-14-07]
No. OFAC web site users must search the SDN
list manually. Users can search the PDF version of the SDN
list using the "find" feature of the Adobe Acrobat Reader.
Most word processing programs also have a search function
to scan OFAC's ASCII versions of the SDN list. Individuals
with specific, technical questions about searching should
contact OFAC's Compliance hotline (1-800-540-6322) for assistance.
[09-10-02]
All of OFAC's delimited files are described in OFAC's SDN data file specification. [06-14-07]
Yes. OFAC maintains many of its critical files
on a File Transfer Protocol (FTP) server run by the Government
Printing Office. This server can be accessed at: ftp://fedbbs.access.gpo.gov . The server will accept an anonymous
login. OFAC's data is stored in the directories listed below.
gpo_bbs/fac_sdn - SDN data and delimited files
gpo_bbs/fac_bro - country and program brochures
gpo_bbs/fac_dlim - SDN data files in un archived format
The delimited files are stored in archives that
have different names from those on OFAC's web site. DOS delimited
files are stored in sdall.exe, windows delimited files are
stored in sdallw32.exe, and the standard zip archive is called
sdall.zip. The individual components of OFAC's delimited files
are also stored in a GPO directory called "gpo_bbs/fac_dlim".
[06-14-07]
OFAC also maintains its own FTP server.
This server can be accessed at:
ftp://ofacftp.treas.gov. The server will accept an anonymous
login. OFAC's data is stored in the directories listed below.
/fac_sdn - SDN data and delimited files
/fac_bro - country and program brochures
/fac_delim - SDN data files in un archived format
The delimited files are stored in archives that
have different names from those on OFAC's web site. DOS delimited
files are stored in sdall.exe, windows delimited files are
stored in sdallw32.exe, and the standard zip archive is called
sdall.zip. [06-14-07]
Yes. The standard zip archive should work
with most UNIX and Linux systems and is available on OFAC's FTP site and GPO's FTP site. [06-14-07]
Yes. OFAC has two separate subscription services
available. These services can be accessed by clicking on the
links in the bottom, left corner of OFAC's homepage (www.treas.gov/ofac).
OFAC also maintains a Really Simple Syndication (RSS) feed. This feed is updated whenever the OFAC site is updated. [06-14-07]
The FTP site at ofacftp.treas.gov is run by
OFAC. Contact OFAC's support hotline at 1-800-540-6322
for technical support. [02-07-03]
The FTP site at fedbbs.access.gpo.gov is run
by the Government Printing Office (GPO). OFAC acts as a content
provider to this system and is not responsible for its administration.
Users experiencing problems with the FEDBBS system should
contact GPO's technical support line at (202) 512-1530. [09-10-02]
While OFAC cannot give specific advice on how
to design an automated system for SDN downloads, many institutions
solve this problem by setting up a scheduled download of the
SDN list. These firms conduct their own risk assessments and
decide how often they need to download the list in order to
comply with U.S. law. [09-10-02]
The SDN list is comprehensive. Database administrators
can overwrite any old data in their systems with the latest
versions of the delimited files, thus ensuring that their
database is current. [09-10-02]
No. OFAC's Financial Operations Bulletin is
only available in a free-form, ASCII text file. Database administrators
interested in refreshing their databases with new SDN data
should use the comprehensive delimited files available on
OFAC's web site. [09-10-02]
OFAC's regulations are broader than the specific
laws that deal with the terrorists and persons who support
them. All individuals and entities that fall under U.S. jurisdiction
should use OFAC's comprehensive list of Specially Designated
Nationals. This list includes the designated terrorists and
is available on OFAC's website. It is important to note that some OFAC sanctions,
such as those pertaining to Iraq, Libya, Sudan, and Cuba,
apply to persons acting on behalf of those targeted governments
even if those persons do not appear on the SDN list. It is
also important to note that OFAC's Cuba sanctions prohibit
transactions with Cuban nationals, wherever located. U.S.
persons are expected to exercise due diligence in determining
whether any such persons are involved in a proposed transaction.
[09-10-02]
You may have responded to one of these incoming
messages. Responding to a broadcast message removes you from
the subscription list. If you wish to provide feedback to
OFAC without inadvertently removing yourself from the subscription
list, you should write to us at our support e-mail address
(O_F_A_C@do.treas.gov). Also note that if you have an
“out of the office” message that replies to all
e-mails in your absence, this, too, will result in your being
deleted from the subscription list. If you'd like to re subscribe,
please do so here [link to: http://www.treas.gov/offices/enforcement/ofac/subscriberecent.html].
[12-22-03]
Failure to receive a confirmation e-mail is
typically (though not always) the result of a configuration
problem on the user’s end. The user should follow these
steps to ensure that he or she is using the system properly.
1. Be patient. For a variety of reasons e-mail sometimes
take a little longer than expected to reach a user. If you
do not receive a confirmation e-mail within a day of subscribing,
proceed to step 2.
2. Confirm that you have entered the correct e-mail address
and address punctuation. A surprising number of errors have
been the result of users accidentally using commas instead
of periods.
3. Check to see if you have a SPAM filter in place. SPAM
filters have a variety of configurations. Some of these filters
have been known to erroneously block e-mails originating from
OFAC’s list servers. OFAC cannot provide technical support
for local configuration issues. If you believe a SPAM filter
is preventing you from receiving OFAC e-mails, please discuss
the matter with your IT department or network administrator. You will need to have your IT personnel allow e-mails from the following domain to come through the SPAM filter "subscriptions.treas.gov".
Once this is done you may proceed to step 4. If you can confirm that you do not
have a SPAM filter in place or any other local configuration
problem, please skip step 4 and proceed to step 5.
4. If your network or e-mail client’s configuration
is preventing you from receiving your subscription confirmation
e-mail, it is likely that you will not be able to receive
e-mail from OFAC’s list servers even if OFAC manually
adds you to our listserv. These configuration issues must
be resolved with your IT department or network administrator
before you can proceed.
5. If, after you have exhausted all of the above options,
you still fail to receive OFAC’s broadcast notifications,
please call our support hotline at 1-800-540-6322. [12-19-07]
OFAC-related Freedom of Information Act Questions
Several persons requested through the Freedom of Information Act (FOIA), 5 USC 552, a copy of OFAC license applications and licenses related to the Ag/Med program. The requesters did not specify interest in any particular companies, but rather made global requests. The FOIA requires that OFAC provide the requested records, unless the records and/or the information in the records are exempt from release pursuant to one or more of the nine specified FOIA exemptions.
The requesters are: the Associated Press; Jewish World Watch, a private citizen and a law firm. Please note that if you determine the information provided to you by Treasury with the submitter’s notice is not privileged or confidential commercial information, Treasury will release this information to the requesters identified above and any subsequent FOIA requesters seeking identical information.
Absent a detailed justification for withholding, OFAC may release this information to these and future requesters. Therefore, please treat these requests as if they were submitted by a competitor.
The requesters are seeking applications for licenses submitted to, and licenses granted by, OFAC with regard to the Ag/Med program.
OFAC generally does not, as a matter of policy, provide the FOIA request to individual submitters of information.
You should indicate in writing which information in your applications and/or licenses should be considered confidential commercial or financial business information that should not be released. Please provide a detailed, written justification for your objection(s). In the alternative, highlight the information in the application and/or license and provide your detailed justification as to why the information should be considered confidential commercial and financial information that should not be released. Absent a detailed justification for withholding, OFAC may release this information to these and future requesters.
Please indicate in writing that you have no objection to the release of the information found in your application and/or license. If you do not object, OFAC will release the information to the current requesters and any subsequent FOIA requesters who request the identical information.
OFAC will consider carefully the submitter’s objections and specific grounds for nondisclosure prior to determining whether to disclose business information.
If OFAC agrees with your objections and justification, the information you identified will be withheld for the purpose of responding to these requests.
If OFAC decides to disclose business information over the objection of a business submitter, OFAC will forward to the business submitter a written notice which will include: from 31 C.F.R. §1.6(e)
(1) A statement of the reasons for which the business submitter’s disclosure objections were not sustained;
(2) A description of the business information to be disclosed; and
(3) A specified disclosure date which is not less than ten days (exclusive of Saturdays, Sundays, and legal public holidays) after the notice of the final decision to release the requested information has been mailed to the submitter. Except as otherwise prohibited by law, a copy of the disclosure notice shall be forwarded to the requester at the same time.
Because a number of the submitters whose information has been determined to be responsive have to consider a significant amount of such information, all submitters have been granted an extension until September 22, 2008.
a. You can send your response to OFAC via mail to:
Office of Foreign Assets Control
FOIA Division
U.S. Department of the Treasury
Treasury Annex, 2nd Floor
1500 Pennsylvania Avenue
Washington, DC 20220
b. You can FAX your response to OFAC to: (202) 622-1657
c. Please ensure that your submission is signed and you reference FOIA number 2005-09-043. |
