Cross-Border Defense Against OFAC, EU, & OFSI Sanctions
Being subjected to international sanctions is an existential threat to business and assets. Inclusion of a company or individual in sanction lists (such as OFAC SDN, EU Consolidated List, UK OFSI) or accusations of violating export control regimes and financing proliferation immediately paralyzes any international activity. This leads to asset freezes, transaction blocks, and complete reputational collapse.
These measures are not just administrative barriers. They are tools of economic warfare, and their violation can result not only in colossal fines but also in criminal liability.
Our service is strategic legal representation for companies and individuals whose interests are affected by the sanctions regimes of the US, EU, UK, and UN. We develop a multi-level defense strategy aimed at challenging restrictions, removal from sanctions lists, and minimizing damage from operations in high-risk jurisdictions.
Key Areas of Our Legal Protection
We provide comprehensive legal representation that encompasses both preventive measures and active defense in a crisis situation. Our work is based on deep knowledge of international law and regulators’ practices (OFAC, OFSI, EU Commission).
Our practice includes the following key areas:
- Legal defense against sanctions violation charges. We represent the interests of companies and individuals accused of violating or evading sanction regimes. We analyze transactions, prepare legal opinions, and negotiate with regulators (for example, the U.S. Office of Foreign Assets Control, OFAC).
- Procedures for removal from sanctions lists (Delisting). This is the main area of work for client rehabilitation. We initiate and support complex legal procedures for removal from the sanctions lists of the USA, EU, UK, and UN.
- Unfreezing of frozen assets. We work with banks and regulators to obtain special licenses (e.g., OFAC Specific License) or permissions to use frozen funds for specific purposes (payment of lawyers, humanitarian needs, current expenses).
- Sanction compliance and risk assessment. For companies operating in high-risk jurisdictions, we develop preventive compliance programs. We assess international contracts for hidden sanction risks to protect businesses from unintentional violations.
- Representation in cases of financing proliferation. We provide legal representation in extremely complex cases related to accusations of export control violations or financing the proliferation of weapons of mass destruction (WMD).
Strategies for Removal from Sanctions Lists (Delisting)
Exclusion from sanction lists is not a political but a complex administrative and legal process. It requires lawyers to have impeccable preparation of the evidence base and a deep understanding of the procedures of a specific regulator.
To be removed from the OFAC SDN (Specially Designated Nationals) list, it is necessary to submit a Petition for Removal. Our defense strategy can be based on several arguments:
- Factual Error: Proof that a person was included in the list by mistake, due to incorrect identification or based on false data.
- Change of Circumstances: Demonstration that the circumstances which served as the basis for inclusion have fundamentally changed (for example, the person has exited the company’s capital, severed ties with sanctioned entities, changed management).
- Insufficiency of Grounds: Legal analysis and contestation of the very grounds on which OFAC made the decision to include.
In the EU, the process is different. A person subjected to sanctions can submit a request for review to the Council of the EU, often using the so-called Clearing House Mechanism (CCM) for information exchange. If the administrative review does not yield results, the client has the right to challenge the decision in the General Court of the European Union in Luxembourg. We prepare a statement of claim, proving that the Council’s decision was unfounded, disproportionate, or violated the client’s fundamental rights.
After Brexit, the United Kingdom manages its own sanctions regime through the Office of Financial Sanctions Implementation (OFSI). The challenge procedures here are similar to those in the EU and include both administrative review and the possibility of judicial challenge in the High Court of London.
Financing of Proliferation and High-Risk Jurisdictions
Two areas deserve special attention due to their explosive risk for international business.
Financing of Proliferation These are charges related to providing funds or financial services for the development, acquisition, or transportation of weapons of mass destruction (WMD) and their delivery systems. These charges are often associated with violations of export control regimes (dual-use goods). FATF (Financial Action Task Force) pays special attention to this issue (Recommendation 7). Charges of financing proliferation almost always lead to aggressive financial restrictions and a high risk of criminal prosecution.
Work in High-Risk Jurisdictions These are countries listed in the FATF “grey” or “black” lists, or jurisdictions under broad territorial sanctions (Iran, North Korea, Syria, Cuba). Any company operating in high-risk jurisdictions or private individuals holding assets there automatically come under heightened scrutiny by banks. Our task is to help such clients structure their activities, ensure maximum transparency of operations, and prepare an evidence base for banking compliance to avoid “de-risking.”
Our Advantage: Legal Strategy and Compliance Experience
Working with international sanctions requires a unique combination of skills. It is not enough to simply be an international law attorney. One must also think like a banking compliance officer and a financial investigator.
Our key advantage is the synergy of strategic legal representation and practical experience in the field of compliance. Our team includes not only lawyers but also specialists with experience working in compliance structures. We know how regulators (OFAC, OFSI) and banks make decisions, what arguments carry weight for them, and which “red flags” they are looking for.
We are not just reacting to the crisis. We are developing a proactive defense strategy that takes into account all aspects: legal, financial, and reputational.
Sanctions Require Immediate Response
The threat of international sanctions or accusations of financing proliferation is not a problem that can “resolve” itself. Every day of inaction increases the damage and narrows the room for maneuver. Asset freezes, loss of business partners, and reputational harm are irreversible without prompt and qualified legal assistance.
If you or your company are facing account freezes, a bank’s refusal to process a transaction, or suspect that you may come under financial restrictions — contact us immediately for a confidential consultation and the development of a protection strategy.
FAQ
What are secondary sanctions?
These are extraterritorial measures primarily applied by the USA (OFAC). They mean that sanctions can be imposed on a non-American company (for example, European or Asian) for conducting “significant transactions” with a person from the SDN list. It is precisely the threat of secondary sanctions that forces banks and companies worldwide to sever ties with sanctioned individuals.
My company/I have been added to the OFAC SDN list. What should I do first?
Immediately cease any transactions in US dollars. Contact specialized lawyers. Do not attempt to “bypass” sanctions, transfer assets, or create new companies — this will be regarded as deliberate evasion and will result in criminal liability. Your first task is to obtain legal representation to assess the situation and develop a defense strategy.
Are sanctions and Interpol notices connected?
Very often. The state initiating the prosecution (for example, on charges related to fraud or money laundering) can use several tools simultaneously. It may request an Interpol Notice for your arrest and extradition while also initiating your inclusion in sanctions lists to freeze assets. This is a double blow. We have experience working with both directions, coordinating defense both with the CCF (Commission for the Control of Interpol’s Files) and OFAC/EU.
