US De-listing

Regulations

31 CFR § 501.807 - Procedures governing delisting from the Specially Designated Nationals and Blocked Persons List

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);
  • 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:

  1. The DP can argue that there is some legal or factual deficiency in the designation (such as there being a mistaken identity).
  2. The DP can assert that the circumstance(s) which led to the designation no longer apply (such as the death of a DP or divestment from companies).
  3. The DP 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.

Useful resources:

Filing a Petition for Removal from an OFAC List

How can a person seek to be removed from an OFAC sanctions list?

How do I verify if a name was removed from one of OFAC’s sanctions lists?  How do I find the date a Specially Designated National (or other sanctions target) was added to, updated, or removed from an OFAC list?

BIS List

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.

Useful resources:

BIS Entity List Appeals Process

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