Agency of the United States Department of the Treasury
The
Office of Foreign Assets Control
(
OFAC
) is a
financial intelligence
and enforcement agency of the
U.S. Treasury Department
. It administers and enforces economic and trade
sanctions
in support of U.S.
national security
and
foreign policy
objectives.
[3]
Under
presidential national emergency powers
, OFAC carries out its activities against foreign governments, organizations (including terrorist groups and drug cartels), and individuals deemed a threat to U.S. national security.
[4]
Founded in 1950 as the Division of Foreign Assets Control, since 2004 OFAC operates under the
Office of Terrorism and Financial Intelligence
within the Treasury Department. It is primarily composed of intelligence targeters and lawyers. While many of OFAC's targets are broadly set by the
White House
, most individual cases are developed as a result of investigations by OFAC's Office of Global Targeting (OGT).
[5]
Sometimes described as one of the "most powerful yet unknown" government agencies,
[5]
[6]
OFAC has the power to levy significant penalties against entities that defy its directives, including imposing fines, freezing assets, and barring parties from operating in the United States.
History
[
edit
]
Involvement of the U.S. Department of the Treasury in economic sanctions against foreign states dates to the
War of 1812
, when Secretary
Albert Gallatin
administered sanctions against the
United Kingdom
in retaliation for the
impressment
of American sailors.
[4]
[7]
The Division of Foreign Assets Control, the immediate predecessor to OFAC, was established in December 1950. Predecessor agencies of the Division of Foreign Assets Control include Foreign Funds Control, which existed from 1940 to 1947, and the Office of International Finance (1947 to 1950). OFAC's earliest predecessor, Foreign Funds Control, was established by
Executive Order 8389
as a unit of the Office of the Secretary of the Treasury on April 10, 1940. The authority to establish Foreign Funds Control was derived from the
Trading with the Enemy Act 1917
. Among other operations, Foreign Funds Control administered wartime import controls over enemy assets and restrictions on trade with enemy states. It also participated in administering the
Proclaimed List of Certain Blocked Nationals
, or the "Black List", and took
censuses
of foreign-owned assets in the United States and American-owned assets abroad. Foreign Funds Control was abolished in 1947, with its functions transferred to the newly established
Office of International Finance
(OIF). In 1948, OIF activities relating to blocked foreign funds were transferred to the Office of Alien Property, an agency within the
Department of Justice
.
[8]
The Division of Foreign Assets Control was established in the Office of International Finance by a Treasury Department order in 1950, following the entry of the
People's Republic of China
into the
Korean War
; President
Harry S. Truman
declared a
national emergency
and blocked all Chinese and North Korean assets subject to U.S. jurisdiction. In addition to blocking Chinese and
North Korean
assets, the Division administered certain regulations and orders issued under the amended Trading with the Enemy Act.
[7]
On October 15, 1962, by a Treasury Department order, the Division of Foreign Assets Control became the Office of Foreign Assets Control.
[8]
Authority and activities
[
edit
]
OFAC is headquartered in the
Freedman's Bank Building
, located across the street from the
Treasury Building
in
Washington, D.C.
In addition to the
Trading with the Enemy Act
and the various
national emergencies
currently in effect, OFAC derives its authority from a variety of
U.S. federal laws
, particularly the
International Emergency Economic Powers Act
(IEEPA), regarding
embargoes
and economic sanctions.
[9]
In enforcing economic sanctions, OFAC acts to prevent "prohibited transactions", which are described by OFAC as "trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute". OFAC has the authority to grant exemptions to prohibitions on such transactions, either by issuing a general license for certain categories of transactions, or by specific licenses issued on a case-by-case basis.
[7]
OFAC administers and enforces economic sanctions programs against countries, businesses or groups of individuals, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. See
United States embargoes
for a list of affected countries.
Under the
International Emergency Economic Powers Act
(IEEPA), the
U.S. President
is empowered during national emergencies to block the removal of foreign assets under the jurisdiction of the United States. That mandate is executed by OFAC by issuing regulations that direct financial institutions accordingly.
Between 1994 and 2003, OFAC collected over $8 million in violations of the
Cuban embargo
, against just under $10,000 for
terrorism financing
violations. It had ten times more agents assigned to tracking financial activities relating to Cuba than to
Osama bin Laden
.
[
citation needed
]
As part of its efforts to support the
Iraq sanctions
, in 2005, OFAC fined
Voices in the Wilderness
$20,000 for gifting medicine and other humanitarian supplies to Iraqis.
[10]
In a similar case, OFAC imposed and attempted to collect a $10,000 fine, plus interest, against peace activist Bert Sacks for taking medicine to residents of
Basra
;
[11]
charges against Sacks were dismissed by the court in December 2012.
[12]
In October 2007, a set of Spanish travel agency websites had their domain name access disabled by
eNom
: the domain names had been on the OFAC blacklist.
[13]
[14]
When queried, the U.S. Treasury referred to a 2004 press release that claimed the company "had helped Americans evade restrictions on travel to Cuba".
[13]
In the case of
United States v. Banki
, on June 5, 2010, a U.S. citizen was convicted of violating the
Iran Trade Embargo
for failing to request Iranian currency transfer licenses in advance from OFAC. On August 25, 2010, the
Iranian American Bar Association
announced that it would file an
amicus curiae
brief with the
Court of Appeals for the Second Circuit
on
United States v. Banki
.
[15]
It has also hired lawyers to request further guidance from OFAC on import of goods from Iran.
[16]
In 2014, OFAC reached a record $963 million settlement with the French bank
BNP Paribas
, which was a portion of an $8.9 billion penalty imposed in relation to the case as a whole.
[17]
[18]
Appointment as director is not subject to
Senate
confirmation.
[19]
Specially Designated Nationals
[
edit
]
OFAC publishes a list of Specially Designated Nationals (SDNs), which lists people, organizations, and vessels with whom
U.S. citizens
and
permanent residents
are prohibited from doing business.
[7]
This list differs from the list maintained pursuant to Section 314(a) of the
Patriot Act
.
[20]
When an entity or individual is placed on the SDN list it can petition OFAC to reconsider. But OFAC is not required to remove an individual or entity from the SDN list. Two federal court cases have found the current Treasury/OFAC process to be constitutionally deficient.
[
citation needed
]
In August 2009, a federal court ruling in
KindHearts
v. Treasury
found that Treasury's seizure of KindHearts assets without notice or means of appeal is a violation of the
Fourth
and
Fifth
Amendments.
[21]
On September 23, 2011, the
Ninth Circuit Court of Appeals
upheld a lower court's ruling that procedures used by Treasury to shut down the Oregon-based
Al Haramain Islamic Foundation
in 2004 was unconstitutional. The court said the Fifth Amendment's guarantee of
due process
required Treasury to give adequate notice of the reasons it puts a group on the terrorist list, as well as a meaningful opportunity to respond. In addition, the court ruled that freezing the group's assets amounts to a seizure under the Fourth Amendment, so that a court order is required.
[22]
As of October 7, 2015, the SDN List had more than 15,200 entries from 155 countries. Of those, 178 entries were for aircraft and 575 entries were for ships ("vessels"). The remaining 14,467 entries were for designated individuals and organizations.
[23]
OFAC creates separate entries in the SDN list for each alias of a designee, so the number of entries does not reflect the number of designees.
[4]
On September 21, 2021, a cryptocurrency exchange was included in the sanctions list for first time for helping launder illicit funds having source from
ransomware
attacks. The amounts laundered are more than $160 million between 2018 and 2021.
[24]
Sectoral Sanctions Identifications
[
edit
]
OFAC publishes a list of Sectoral Sanctions Identifications (SSI), which lists persons, companies, and entities in sectors of the Russian economy (especially energy, finance, and armaments), prohibiting certain types of activity with these individuals or entities by United States persons, wherever located.
[25]
This list is maintained following the issuance of EO
13662
Blocking Property of Additional Persons Contributing to the Situation in Ukraine
on March 20, 2014, in accordance with 79 FR 16167.
[26]
On August 13, 2014, the United States Department of Treasury issued guidance for entities under sectoral sanctions. United States increased the number of entities on the sectoral sanctions identifications list by adding subsidiaries of entities under sectoral sanctions that hold 50% or greater ownership by an entity under sectoral sanctions either individually or in the aggregate, either directly or indirectly. Also, US persons cannot use a third party intermediary and they must use caution during "transactions with a non-blocked entity in which one or more blocked persons has a significant ownership interest that is less than 50% or which one or more blocked persons may control by means other than a majority ownership interest."
[27]
On December 22, 2015, the United States Department of Treasury explicitly listed all entities and their subsidiaries on the sectoral sanctions identifications list using a human readable search.
[28]
[29]
[30]
Sanctions programs
[
edit
]
![[icon]](//upload.wikimedia.org/wikipedia/commons/thumb/1/1c/Wiki_letter_w_cropped.svg/20px-Wiki_letter_w_cropped.svg.png) | This section
needs expansion
with: citations and dates for authorizations in table. You can help by
adding to it
.
(
November 2015
)
|
As of August 8, 2020, OFAC was administering the following sanctions programs:
[31]
Table note: The numbers of individuals, companies, vessels, and aircraft are taken from the
SDN List
. However, any single entry on that list may be a target of multiple sanctions programs, so summing lines of the table will inflate the true sum due to duplication.
Tag
|
Last updated
|
Sanctions program
|
Individuals
|
Companies
|
Vessels
|
Aircraft
|
31
CFR
|
CFR date
|
EO
|
EO
date
|
[561LIST]
|
|
Iran Financial
|
?
|
?
|
?
|
?
|
561
[32]
|
|
|
|
[BALKANS]
|
|
Balkans related
[33]
|
229
|
?
|
?
|
?
|
588
[34]
[35]
|
|
13304
[36]
|
|
[BELARUS]
|
|
Belarus
|
208
|
?
|
?
|
?
|
548
|
|
13405
|
|
[BPI-PA]
|
|
Patriot Act
[37]
|
?
|
?
|
?
|
?
|
|
|
|
|
[BPI-SDNTK]
|
|
Narcotics related
[38]
|
?
|
?
|
?
|
?
|
598
|
|
|
|
[BURMA]
|
|
Myanmar
related
|
219
|
?
|
?
|
?
|
537
|
|
13448,
13464
|
|
[CAR]
|
|
Central African Republic
|
39
|
?
|
?
|
?
|
553
|
|
|
|
[COTED]
|
|
Cote d'Ivoire
|
9
|
?
|
?
|
?
|
543
|
|
|
|
[CUBA]
|
|
Cuban Assets Control
|
220
|
?
|
5
|
?
|
515
|
|
|
|
[CYBER]
|
|
Computer hacking related
|
?
|
?
|
?
|
?
|
|
|
13694
[39]
|
|
[DARFUR]
|
|
Darfur
|
28
|
3
|
?
|
?
|
546
|
|
|
[DPRK]
|
|
North Korea
|
7
|
44
|
20
|
?
|
510
|
|
13551
|
|
[DPRK2]
|
|
North Korea related
|
10
|
16
|
?
|
?
|
|
|
13687
|
|
[DRCONGO]
|
|
Democratic Republic of the Congo
|
106
|
27
|
?
|
?
|
547
|
|
13413, 13671
|
October 27, 2006
July 8, 2014
[40]
|
[EO13622]
|
|
Iran related
|
17
|
6
|
?
|
?
|
|
|
13622
[41]
|
|
[EO13645]
|
|
Iran related
|
9
|
10
|
9
|
?
|
|
|
13645
[42]
|
|
[FSE-IR]
|
|
Iran sanctions evaders
|
3
|
2
|
?
|
?
|
|
|
13608
[43]
|
|
[FSE-SY]
|
|
Syria sanctions evaders
|
?
|
?
|
?
|
?
|
|
|
13608
[43]
|
|
[FSE-WMD]
|
|
WMD
related
[44]
|
?
|
?
|
?
|
?
|
|
|
13608
[43]
|
|
[FSE-SDGT]
|
|
Terrorism related
[45]
|
?
|
?
|
?
|
?
|
|
|
13608
[43]
|
|
[FTO]
|
|
Terrorism related
[46]
|
?
|
552
|
?
|
?
|
597
|
|
|
|
[GLOMAG]
|
|
Global Magnitsky Sanctions Regulations
[47]
|
?
|
552
|
?
|
?
|
597
|
|
|
|
[HK-EO13936]
|
|
Hong Kong
-Related Sanctions
[48]
[49]
|
11
|
?
|
?
|
?
|
?
|
|
13936
[50]
|
|
[HRIT-IR]
|
|
Iran human rights
|
?
|
26
|
?
|
?
|
|
|
13606
[51]
|
|
[HRIT-SY]
|
|
Syria human rights
|
2
|
6
|
?
|
?
|
|
|
13606
[51]
|
|
[IFCA]
|
|
Iran related
[52]
|
?
|
?
|
?
|
?
|
|
|
|
|
[IFSR]
|
|
Iranian Financial
|
239
|
857
|
?
|
60
|
561
|
|
|
|
[IRAN]
|
|
Iranian Transactions
|
19
|
416
|
175
|
?
|
560
|
|
|
|
[IRAN-HR]
|
|
Iran related
|
54
|
37
|
?
|
?
|
|
|
13553
[53]
|
|
[IRAN-TRA]
|
|
Iran related
|
16
|
45
|
?
|
?
|
|
|
13628
[54]
|
|
[IRAQ2]
|
|
Iraq related
|
287
|
84
|
?
|
?
|
|
|
13315,
13350
|
|
[IRAQ3]
|
|
Iraq related
|
102
|
48
|
?
|
?
|
|
|
13438
|
|
[IRGC]
|
|
Iranian Financial
|
112
|
120
|
?
|
38
|
561
|
|
|
|
[ISA]
|
|
Iran Act
|
3
|
17
|
?
|
?
|
|
|
13574
|
|
[JADE]
|
|
Myanmar Jade
[55]
|
?
|
?
|
?
|
?
|
|
|
|
|
[LEBANON]
|
|
Lebanon
|
13
|
?
|
?
|
?
|
549
|
|
13441
|
|
[LIBERIA]
|
|
Former Liberian Regime of
Charles Taylor
|
45
|
70
|
?
|
?
|
593
|
|
|
|
[LIBYA2]
|
|
Libya related
|
134
|
3
|
?
|
?
|
570
|
|
|
|
[MAGNIT]
|
|
Magnitsky Act
[56]
|
54
|
?
|
?
|
?
|
|
|
|
|
[NPWMD]
|
|
WMD
related
[57]
|
211
|
892
|
351
|
76
|
544
|
|
|
|
[NS-ISA]
|
|
Iran related
[58]
|
?
|
?
|
?
|
?
|
|
|
13574
|
|
[NS-PLC]
|
|
Palestinian License
[59]
|
?
|
?
|
?
|
?
|
594
[60]
|
|
|
|
[
SDGT
]
|
|
Terrorism related
[61]
|
3,015
|
1,963
|
?
|
101
|
594
|
|
|
|
[
SDNT
]
|
|
Narcotics related
[62]
|
436
|
511
|
?
|
?
|
536
|
|
|
|
[
SDNTK
]
|
|
Narcotics related
[63]
|
2102
|
1125
|
5
|
?
|
598
|
|
|
|
[
SDT
]
|
|
Terrorism
|
63
|
143
|
?
|
?
|
595
|
|
|
|
[SOMALIA]
|
|
Somalia
|
199
|
20
|
?
|
?
|
551
|
|
|
|
[SUDAN]
|
|
Sudan related
|
?
|
223
|
?
|
?
|
538
|
|
|
|
[SOUTH SUDAN]
|
|
South Sudan
|
?
|
?
|
?
|
?
|
558
|
|
13664
|
|
[SYRIA]
|
|
Syria related
|
235
|
180
|
10
|
38
|
542
|
|
13399,
13460
|
|
[TCO]
|
|
Transnational Criminal Organizations
|
201
|
41
|
?
|
?
|
590
|
|
13581
[64]
|
|
[
UKRAINE-EO13660
]
|
|
Ukraine related
|
193
|
31
|
?
|
?
|
|
|
13660
[65]
|
|
[
UKRAINE-EO13661
]
|
|
Ukraine related
|
95
|
144
|
?
|
?
|
|
|
13661
[66]
|
|
[
UKRAINE-EO13662
]
|
|
Ukraine related
|
?
|
?
|
?
|
?
|
|
|
13662
[67]
|
|
[
UKRAINE-EO13685
]
|
|
Ukraine related
|
?
|
42
|
?
|
?
|
|
|
13685
[68]
|
|
[VENEZUELA]
|
|
Venezuela related
|
7
|
?
|
?
|
?
|
|
|
13692
[69]
|
|
[YEMEN]
|
|
Yemen
|
23
|
?
|
?
|
?
|
552
|
|
|
|
[ZIMBABWE]
|
|
Zimbabwe
|
121
|
119
|
?
|
?
|
541
[70]
|
|
13391,
13469
|
|
See also
[
edit
]
Further reading
[
edit
]
References
[
edit
]
- ^
Klimasinska, Kasia, Dakin Campbell and Ian Katz.
Banks Woo Treasury Sanctions Pros to Navigate Complex U.S. Rules
,
Bloomberg
, August 13, 2014.
- ^
Department of Treasury,
"Treasury Announces Additions to Senior Leadership Team in Office of Terrorism and Financial Intelligence"
,
Department of the Treasury
, September 10, 2018. First public mention: September 14, 2018. Retrieved 10-10-2018.
- ^
Tom C.W. Lin (April 2016).
"Financial Weapons of War"
(PDF)
.
Minnesota Law Review
.
100
(4): 1377?1440.
- ^
a
b
c
Zarate, Juan C. (2013).
Treasury's War
. New York: PublicAffairs.
ISBN
9781610391153
.
- ^
a
b
Yukhananov, Anna, and Warren Strobel,
"After Success on Iran, U.S. Treasury's Sanctions Team Faces New Challenges"
,
Reuters
, April 14, 2014.
- ^
Rubenfeld, Samuel.
"OFAC Rises as Sanctions Become A Major Policy Tool"
,
Wall Street Journal
, February 5, 2014
- ^
a
b
c
d
"Frequently Asked Questions"
. Office of Foreign Assets Control. Archived from
the original
on 2007-10-18
. Retrieved
2007-09-17
.
- ^
a
b
"Records of the Office of Foreign Assets Control"
. The National Archives
. Retrieved
2007-09-17
.
- ^
For example
Executive Order
12957
,
Executive Order
12938
, etc.
- ^
"Voices in the Wilderness Ordered to Pay $20K for Bringing Aid to Iraq"
.
Democracy Now!
. 2005-08-16
. Retrieved
2011-06-08
.
- ^
"Timeline"
. Fined For Helping Iraqi Kids
. Retrieved
2011-06-08
.
- ^
Ramsey, Bruce
Archived
2018-11-14 at the
Wayback Machine
"Bert Sacks: No fine and no court time for Iraqi sanctions";
The Seattle Times
; 3 Jan 2012.
- ^
a
b
Liptak, Adam
(2008-03-04).
"A Wave of the Watch List, and Speech Disappears"
.
The New York Times
. Retrieved
23 August
2012
.
80 of his Web sites stopped working, thanks to the United States government ... eNom told him it did so after a call from the Treasury Department
- ^
"SDN by Programs"
. treasury.gov. 2006. Archived from
the original
on 2006-09-24
. Retrieved
23 August
2012
.
GO CUBA PLUS (a.k.a. T&M INTERNATIONAL LTD.; a.k.a. TOUR & MARKETING INTERNATIONAL LTD. ...)
- ^
"IABA to File Amicus Brief in Appeal Before Second Circuit"
Archived
2010-10-27 at the
Wayback Machine
- ^
IABA Hires Lawyers to Request Further Guidance from OFAC
Archived
2010-10-27 at the
Wayback Machine
- ^
"U.S. imposes record fine on BNP in sanctions warning to banks"
.
Reuters
. June 30, 2014.
- ^
"Treasury Reaches Largest Ever Sanctions-Related Settlement with BNP Paribas SA for $963 Million"
, U.S. Department of the Treasury, June 30, 2014
- ^
Rubenfeld, Samuel,
"U.S. Treasury Appoints OFAC Director Without Fanfare"
,
Wall Street Journal
, March 17, 2017. First public mention: March 14, 2017. Retrieved 2017-03-17.
- ^
Erich Ferrari,
"IP Services Under The ITSR: A Broad Exception?"
Archived
2014-04-28 at the
Wayback Machine
,
Sanction Law
, Ferrari & Associates, 12 February 2018
- ^
"
KindHearts for Charitable Humanitarian Development, Inc. v. Geithner et al.
"
. ACLU. November 22, 2011.
- ^
"
Al Haramain v. Department of Treasury
"
(PDF)
. U.S. Court of Appeals for the Ninth Circuit
. Retrieved
27 September
2011
.
- ^
"Specially Designated Nationals List (SDN)"
. U.S. Department of Treasury.
- ^
"US Treasury imposes sanctions on crypto-exchange linked to ransomware ops"
. Previewtech.net. 24 September 2021.
- ^
"Sectoral Sanctions Identifications (SSI) List"
. US Department of Treasury: OFAC. January 26, 2018
. Retrieved
March 23,
2018
.
- ^
"Blocking Property of Additional Persons Contributing to the Situation in Ukraine"
.
Federal Register
. 2014-03-24
. Retrieved
2018-02-04
.
- ^
"Revised Guidance on Entities Owned by Persons Whose Property and Interests in Property Are Blocked"
(PDF)
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also 70
FR
71201 and 73 FR 43841
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