The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has launched a Reconsideration Portal for the submission of requests by persons or entities seeking to be removed from an OFAC sanctions list. The portal provides an overview of the process for requesting removal from a list as well as information on OFAC’s process for reviewing and adjudicating delisting petitions.

The portal is intended by OFAC to streamline the petition process by offering guidance to submitters in providing all necessary information, “rather than through a series of questionnaire/answer exchanges that can delay efficient adjudication of a delisting petition. Listed persons can also request certain unclassified, non-privileged information underlying their sanctions determination (a “courtesy document”) through the portal. For any petition, the portal provides clarification on required information from the submitter and offers insight into relevant arguments and evidence to provide in support of a petition. The portal also provides links to helpful “quick reference” guides on Delisting Petitions Best Practices and What to Include in a Delisting Petition.

In an effort to provide some transparency into the delisting review process, OFAC provides an outline describing the initial review, full review and reinvestigation stage, the issuance of any questionnaires and provision of additional information, and the possible delisting outcomes.

Under 31 C.F.R. § 501.807, listed persons and entities can request removal from an OFAC sanctions list by demonstrating that: (i) the designation was based on an insufficient factual or legal basis; or (ii) the circumstances underlying the designation no longer apply. Known to be a complex administrative process, it is recommended that persons with questions regarding U.S. sanctions compliance and seeking delisting should consult experienced legal counsel for guidance and assistance.

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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.

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.