The Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule on Updating Provisions Related to Blocking and Other Actions Related to Specific Property or Interests in Property. The rule is effective as of September 17, 2024.

The new rule aims to clarify OFAC’s process for issuing orders that block or identify specific blocked property or interests in property. It updates 35 parts of 31 CFR chapter V to improve regulations regarding these actions. This comprehensive update is designed to provide clearer guidance on how OFAC exercises its authority under various statutes, including the International Emergency Economic Powers Act (IEEPA).

Three Forms of Actions

The final rule identifies three primary forms of actions OFAC may take with respect to specific property or interests in property:

  • Identifying Blocked Property: OFAC may identify specific property or interests in property as blocked due to an interest of an already blocked person. This is particularly useful in cases where such interests may not be apparent to the public.
  • Blocking Pending Investigation: OFAC may block specific property or interests in property of a person who is not yet designated but is under investigation for potential designation. This measure ensures that the property is not transferred before a final decision is made.
  • Non-Full Blocking Sanctions: In certain cases, OFAC may impose prohibitions that are less than full blocking sanctions. In such cases, OFAC would determine that a person meets the criteria for designation but would take action less than blocking the entirety of a person’s property and interests in property.

Notice and Communication

The rule outlines various forms of notice that OFAC may use to inform affected parties about its actions:

  • Federal Register: For designation actions, OFAC will publish notices in the Federal Register, providing constructive notice to the public.
  • Direct Written Notice: For more tailored actions, when OFAC takes more tailored action with respect to specific property or interests in property, OFAC may provide actual notice directly to affected persons or indirectly through financial institutions or other intermediaries.
  • Transaction Intermediaries: Financial institutions or other intermediaries may be required to notify affected persons with whom they maintain direct commercial relationships.

The rule also updates the note in the subject parts that explains the procedures for seeking release of blocked property or administrative reconsideration of OFAC actions to add information about additional unblocking procedures available to blocked or otherwise affected persons. These procedures are detailed in Subpart E of part 501 of 31 CFR chapter V.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Kristina Shcheglazova* Kristina Shcheglazova*

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control…

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control matters, including compliance with various sanctions and export control requirements, due diligence and sanctions screenings, and advises clients on the application of U.S. sanctions and export control licensing requirements. Her experience extends to addressing issues of forced labor in supply chains, assisting clients with government contracting matters and advising on anti-corruption policies.

*Licensed in MO only, not IL; limited to federal practice only.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.