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Compliance with OFAC

Conducting business on an international level requires companies to strictly adhere to the requirements of the Office of Foreign Assets Control (OFAC), which implements U.S. economic and trade sanctions.

Companies, organizations, and financial institutions must comply with sanction restrictions set by the U.S. government, as well as regularly review their operations, counterparties, and transactions for compliance with sanction laws. Violating OFAC sanctions can lead to severe financial penalties, asset freezes, and other sanction measures.

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What is OFAC?

The Office of Foreign Assets Control (OFAC) is a division of the U.S. Department of the Treasury responsible for administering and enforcing economic and trade sanctions against countries, organizations, individuals, and other entities that pose a threat to the national security of the United States or violate international norms.

OFAC plays a key role in ensuring U.S. security by monitoring financial transactions and enforcing sanctions aimed at combating terrorism, the proliferation of weapons of mass destruction, money laundering, and other global threats.

Main Functions and Responsibilities of OFAC
  • Imposing economic and trade sanctions against countries, governments, companies, individuals, or legal entities;
  • Creating and monitoring sanction lists;
  • Monitoring and oversight of financial transactions to prevent illegal activities;
  • Combating money laundering and terrorist financing.

For international companies and financial institutions, it’s crucial to have effective compliance programs in place to prevent violations of sanctions regimes. This includes ongoing due diligence on counterparties, monitoring transactions, and adhering to all legal requirements.

Understanding OFAC Compliance

For companies engaged in international activities or conducting transactions in U.S. dollars, compliance with OFAC requirements is crucial. Failure to comply can lead to financial sanctions, asset freezing, or even criminal liability. Moreover, violating OFAC regulations can seriously damage a company’s reputation and its relationships with partners.

OFAC compliance

OFAC compliance requires companies to regularly check their counterparts against sanction lists, such as the Specially Designated Nationals and Blocked Persons list (SDN).

Companies need to monitor their financial transactions to identify any suspicious activities that could violate sanctions. Special attention should be paid to transactions involving sanctioned countries or individuals.

Implementing clear policies and procedures for complying with sanctions requirements is a crucial aspect of compliance. This may involve setting up specialized departments or appointing designated individuals responsible for monitoring adherence to OFAC regulations. Companies are required to maintain documentation for all actions related to compliance with OFAC requirements. Failing to comply with OFAC requirements can have serious consequences for a business:

  • Financial penalties;
  • Freezing of assets;
  • Criminal prosecution;
  • Reputational risks.

Key Components of an OFAC Compliance Program

An OFAC compliance program is a crucial component for any company engaged in international business. Ensuring compliance with OFAC regulations helps avoid serious legal consequences, including fines, asset freezes, and reputational damage. An effective program is built on several key components.

Customer Identification and Verification (KYC)

Screening clients for compliance with OFAC requirements is the first and most crucial step in ensuring adherence to sanctions laws. Knowing your customer will help identify individuals or organizations that are subject to sanctions or pose a high risk of violations. Key Stages of Customer Verification:

  • Collecting basic information about the client (identification data, legal status, type of activity);
  • Screening clients against sanction lists to avoid illegal collaboration;
  • Assessment of the client’s jurisdiction, business profile, and other risk factors.

Employee training

Regular employee training is another key element of the OFAC compliance program. Employees must be aware of the requirements of sanction laws and understand their role in the process of adhering to them.

Employees need to be trained on how to properly identify clients and conduct checks for compliance with sanctions requirements. They should be able to recognize “red flags” that may indicate potential sanction violations.

Monitoring and analysis of transactions

Constant monitoring and analysis of transactions are essential for identifying any financial activities that may violate OFAC sanctions. This enables companies to act preemptively and respond to risks in real-time.

Modern software solutions enable companies to automatically track transactions and verify their compliance with OFAC requirements. Companies must conduct regular analysis of their transactions and adhere to reporting policies to ensure that all activities comply with OFAC requirements.

Who needs to comply with OFAC requirements?

Complying with OFAC requirements is crucial for many types of businesses and individuals engaged in international activities. To avoid sanctions violations, it’s essential to implement comprehensive programs for vetting counterparties, monitoring transactions, and training employees.


Who exactly needs to comply with OFAC requirements?

  • Banks, credit unions, and other financial institutions must verify their customers and transactions for compliance with OFAC sanction lists.
  • Companies conducting business on an international level must ensure that their counterparts are not subject to OFAC sanctions.
  • Transportation and logistics companies, especially those dealing with international shipments;
  • Enterprises engaged in the development or supply of technological solutions;
  • Energy companies;
  • Law firms that represent clients internationally or operate in areas with a heightened risk of sanctions;
  • Individuals who engage in international activities, have assets abroad, or conduct large transactions in U.S. dollars.

Reach out to our law firm for professional consultation or to implement an effective OFAC compliance program.

The Importance of Complying with OFAC Requirements

In the context of globalization and ongoing international connections, adhering to OFAC sanction requirements is critically important for conducting business on a global scale.

Violating OFAC regulations can result in substantial fines for companies, as well as the freezing of their assets. In some cases, violations can lead to a ban on doing business in the U.S. or even criminal prosecution of company executives.

Companies that violate sanctions risk not just their finances, but also their reputation in the international market. Collaborating with entities under sanctions can lead to a loss of trust from partners, investors, and clients, complicating the company’s further development.

To implement an effective OFAC compliance program, it’s crucial to have the support of experienced attorneys who can help develop a strategy and procedures for adhering to sanction laws’ requirements.

Compliance risks

Violating OFAC requirements can result in significant financial penalties. For companies that ignore sanction lists, fines can reach up to hundreds of millions of dollars.

One of the primary tools of OFAC is freezing the assets of companies and individuals who are under sanctions. This can paralyze a business by limiting its ability to use its financial resources and conduct transactions with international partners.

These companies face not only financial sanctions but also legal proceedings, asset seizures, and even the prosecution of their executives for criminal liability.

Business partners, especially large international companies, often have strict requirements for compliance with OFAC regulations. Violating these requirements can lead to the loss of strategic partners and contracts, significantly reducing a company’s profitability and competitiveness.

Consequences of Lacking a Compliance Program

Without a proper compliance program, a company might not realize that its counterparties or clients are subject to OFAC sanctions. This leads to violations of requirements, even if there was no intention to break the law.

If a company fails to comply with OFAC requirements, it risks facing hefty fines. Moreover, violating sanctions can lead to serious reputational damage, which could severely impact relationships with partners, clients, and shareholders.

Failing to comply with OFAC requirements can lead to legal investigations and lawsuits. In cases of serious violations, a company could face criminal charges, resulting in not just financial losses but also personal liability for its executives.

An effective compliance program helps companies avoid risks and protect themselves from potential violations. It includes thorough monitoring of transactions, vetting of partners and counterparties, as well as regular training for employees. Moreover, implementing such a program helps ensure business transparency and avoid negative consequences.

How Do Banks and Businesses Block Transactions for Purposes of OFAC Compliance?

Banking institutions and businesses around the world are required to comply with OFAC requirements to prevent illegal transactions with sanctioned individuals and countries.

OFAC

Banking institutions and companies use verification tools to authenticate customer and transaction information. These verification systems and programs compare against official lists of sanctioned entities by name, company, and country.

When a transaction is attempted, the system checks the person’s name, address and other details. If there is a match with someone on the sanctions list, the transaction will be marked as suspicious. To avoid an error, the representatives of the banking institution conduct an additional check.

If the transaction is indeed linked to a sanctioned person or country, the bank is obliged to block it. This means that the money will not be sent to the recipient, and information about the attempt of such a transaction may be passed to the relevant authorities.

It should be noted that businesses and banks provide training to employees to identify and further competent response to possible risks. The training includes various situations, for example, bypassing control systems by fraudsters, as well as the sequence of actions when suspicious activity is detected.

Businesses and banking institutions train their employees to identify irregularities and work competently to address these risks. Training may also include situations of fraudulent deception by fraudsters, as well as the sequence of actions to be taken when suspicious activities are detected. Banks also share information with each other and other authorities when observing breaches. This demonstrates support from other countries and agencies. The better the cooperation, the easier it is to comply with OFAC requirements

Compliance with OFAC requirements

A comprehensive OFAC compliance program provides a systematic approach to identifying and managing risks associated with sanction regimes. Key elements of such a program include:

  1. Developing clearly defined policies and procedures that cover all aspects of conducting business;
  2. Regular checks of contractors and partners against specialized sanction lists;
  3. Training employees on current sanction requirements and partner verification procedures;
  4. Developing internal monitoring systems to promptly identify potential violations.

Regular audits are an integral part of an effective compliance program. They help identify weaknesses in the control system and verify how well the company is adhering to sanction requirements.

Our Approach to Compliance with OFAC Requirements

At our law firm, we’ve developed a comprehensive approach to OFAC compliance that ensures our clients the highest level of protection against potential violations and sanction risks.

Our law firm has years of experience in ensuring compliance with international sanction regimes, particularly with the requirements of the OFAC. We offer comprehensive services, ranging from the development of tailored solutions to full support in case of legal disputes. Our approach is based on a deep understanding of the regulatory environment and business needs.

What is the Difference Between a Blocked Transaction and a Rejected Transaction?

OFAC compliance for banks is an important criterion for operating in the financial system. It ensures compliance with international sanctions and prevents involvement in illegal financial transactions.

blocked transaction

A declined transaction is a payment that has been made, but for certain reasons has not been completed. Your funds are not debited and you can freely dispose of them.

The reasons for rejection may be different. You may not have enough funds in your account to make the transaction. There may also be errors in entering the details of the card to which you want to make the transfer, or your bank card may have expired. In addition, your actions may look suspicious and the bank’s security system blocks the transaction.

The difference between a blocked and declined transaction is the status of your funds. In a blocked transaction, the funds will be inaccessible for a while, but not permanently debited. You will be able to access them after a period of time or after the funds transfer is canceled. 

In case of a declined transaction, the funds will remain in your account and you can use them at any time. If you want to end a declined transaction, all you need to do is to figure out what the problem is, identify the reason for the rejection and try to pay again.

OFAC Compliance Services

OFAC checks to ensure full protection of your business from potential risks:

  • Comprehensive analysis of counterparties and transactions;
  • Use of sanction lists;
  • Automated monitoring systems;
  • Preparing reports and consulting.

We have years of experience working with international sanctions regimes and deeply understand the specifics of OFAC requirements. Thanks to automated systems and modern tools, we provide fast and accurate screenings, enabling our clients to promptly respond to potential threats.

Custom compliance solutions

Every company is unique, and we create solutions that best meet our clients’ needs. We conduct a thorough analysis of your business and offer solutions that ensure full compliance with OFAC requirements.

Based on the results we’ve obtained, we create unique policies and procedures aimed at ensuring full compliance with OFAC requirements. We help integrate these procedures into your business operations in a way that makes them clear and effective for your team.

Our customized solutions provide high flexibility. We adapt our approach based on changes in your operations, market conditions, or new legislative requirements.

Our team provides comprehensive support, including legal advice, conducting audits, implementing monitoring systems, and training employees.

How can our OFAC compliance attorneys help you?

Our lawyers, with years of experience in the OFAC sanctions field, have a portfolio filled with numerous successful cases that stand as a testament to their competence and professionalism.

Our team of professional attorneys offers clients the following list of services:

  1. Assessment of sanction risks. Lawyers conduct a detailed analysis of risks associated with potential sanction violations during business operations, collaboration with partners from sanctioned countries, or interactions with entities that have been subjected to sanction restrictions;
  2. Consultation on legislative matters. This includes advice on OFAC requirements related to licensing, permitted and prohibited transactions;
  3. Detailed transaction review. An OFAC attorney conducts reviews of transactions, business partners, and clients to ensure compliance with sanction rules and to minimize risks;
  4. Obtaining licenses. Specialists will help prepare the documents needed to obtain licenses.
    Investigations and protection of interests. Lawyers represent clients’ interests during investigations conducted by OFAC, as well as in cases of enforcement of sanctions (responses to inquiries, self-disclosure of violations, and dispute resolution);
  5. International legal support. OFAC specialists provide assistance to multinational companies by coordinating efforts to comply with sanction requirements across various jurisdictions;
  6. Legal assistance in court. Representation of clients in legal proceedings related to OFAC sanctions, including disputes and appeals;
  7. Removal from the SDN list. Assistance in appealing decisions to be placed on sanction lists with the goal of lifting restrictions.

Our lawyers assist in developing customized compliance programs, conduct audits, and provide comprehensive legal support in case of violations. Through our collaboration, you’ll receive reliable protection against risks and assurance of adherence to international sanctions requirements.

Dr. Anatoliy Yarovyi
Senior Partner
Anatoliy Yarovyi holds a Doctorate in Law and earned his Master’s degrees from Lviv University and Stanford University. He was also among the candidates for a position as a judge at the European Court of Human Rights (ECHR). His expertise lies in representing clients before the ECHR and Interpol, particularly in cases involving extradition, protection of personal and business reputations, data privacy, and freedom of movement. He also specializes in the topic of OFAC and economic sanctions.

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    Frequently Asked Questions

    What is OFAC in the realm of AML?

    The Office of Foreign Assets Control (OFAC) is a division of the U.S. Department of the Treasury that implements sanctions to protect national security. In the realm of anti-money laundering (AML), OFAC plays a key role by imposing sanctions against states, companies, individuals, and organizations involved in illegal activities.

    What is the purpose of an OFAC check?

    An OFAC check is necessary to ensure that companies and financial institutions don’t do business with sanctioned individuals or organizations. This prevents potential violations of sanction laws and helps avoid serious fines or the freezing of assets. The check also helps maintain compliance with international security requirements.

    What are the requirements for compliance with OFAC regulations?

    To comply with OFAC requirements, companies and financial institutions must meet the following conditions:

    • Check counterparties against OFAC sanctions lists;
    • Monitor transactions to identify sanctioned individuals or organizations;
    • Develop an internal policy and compliance program to ensure regular exchange of sanctions data;
    • Maintain records and reporting on all transactions that may violate sanctions regimes.
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