Regulations
OFAC SDN List
To request removal from any OFAC sanctions list, including the SDN List, the listed person (or representative) must write to OFAC and request removal. This begins the OFAC review process. Written requests (or “petitions”) are sent to OFAC by email to OFAC.Reconsideration@treasury.gov.
Requests should include:
- the listed person’s name and contact person’s name and mailing address (including email address);
- the date of the relevant OFAC listing action (such as the designation or identification); and
- a request for the reconsideration of OFAC’s determination, including a detailed description of why the listed person should be removed.
There are generally 3 avenues for removal from the SDN List:
- The SDN can argue that there is some legal or factual deficiency in the designation (such as there being a mistaken identity).
- The SDN can assert that the circumstance(s) which led to the designation no longer apply (such as the death of an SDN or divestment from companies).
- The SDN can propose remedial measures which they believe would negate the basis of the designation (frequently by causing a change in circumstances through corporate divestments), for example the US Treasury de-listed EN+ after it agreed to undertake significant restructuring and corporate governance changes.
In addition, SDN designation is a final agency action that may be challenged in federal court under the Administrative Procedures Act.
Useful resources
Filing a Petition for Removal from an OFAC List
How can a person seek to be removed from an OFAC sanctions list?
BIS List
BIS also maintains restricted parties lists, though the implications of listing are much more limited than the assets blocking restrictions on SDNs designated by OFAC. The BIS lists are the Entity List, the Unverified List, and the Denied Persons List. Inclusion on these lists generally imposes a license requirement for exports, reexports, and transfers subject to the EAR, or a denial of US exporting privileges.
To request removal from the BIS “Entity List”, the listed person (or representative) must write to the End-User Review Committee (ERC) at Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Room 3886, Washington, DC 20230, detailing the reasons why the entity should be removed. Requests for removal from the Unverified List can be submitted via email to UVLRequest@bis.doc.gov, and must include information that verifies the bona fides, i.e., legitimacy and reliability of the person listed on the Unverified List as an end user, consignee or other party to exports, reexports, and transfers (in-country) of items subject to the EAR.
All BIS restricted parties lists, as well as restricted parties lists maintained by OFAC and the State Department can be searched at the Consolidated Screening List.