OFAC Attorney Washington D.C. | Defense & Compliance
An OFAC attorney in Washington, D.C. represents individuals and companies before the Treasury Department’s Office of Foreign Assets Control in license applications, SDN List removal petitions, unblocking requests and enforcement defense. OFAC applies strict liability: civil penalties under IEEPA reach the greater of $377,700 per violation or twice the transaction value, and willful violations carry up to $1 million and 20 years in prison under 50 U.S.C. § 1705. Since 2024 the statute of limitations is 10 years, so an old transaction can still surface in an OFAC request for information or administrative subpoena.
We assess whether the block comes from a real SDN match, a licensing gap or a screening error, and choose between a license, a delisting petition and an unblocking request.
What Triggers OFAC Penalties
OFAC administers dozens of sanctions programs, including Iran, North Korea, Syria, Venezuela, Russia and Cuba, plus thematic programs on terrorism, narcotics and cyber threats. Under the Economic Sanctions Enforcement Guidelines (31 CFR Part 501, App. A), OFAC separates egregious from non-egregious cases and checks whether the party filed a voluntary self-disclosure (VSD):
- Egregious violations — willful conduct, concealment or shell-company evasion. The base penalty is up to the statutory maximum: the greater of $377,700 or twice the transaction value. Willful violations can also be prosecuted criminally.
- Non-egregious violations — negligence or compliance gaps. With a VSD the base penalty is half the transaction value, capped at $188,850. Without a VSD the cap is $377,700.
- Cautionary letters and Findings of Violation — no monetary penalty, but they stay in OFAC’s record and raise your risk profile.
Reporting duties are strict: report blocked property within 10 business days (31 CFR § 501.603), report rejected transactions (§ 501.604), and file the annual report of blocked property by September 30. Records must now be kept for 10 years.
Responding to an OFAC Request for Information or Subpoena
OFAC can demand records through a request under 31 CFR § 501.602 or an administrative subpoena. The deadline is set in the request itself, so confirm it on the first day. A late or incomplete response can open a formal enforcement investigation and weaken any later mitigation argument. A sound response preserves documents, reviews the transaction history for SDN, 50% Rule and sanctioned-jurisdiction exposure, and decides early whether a voluntary self-disclosure is available.
We confirm whether the block comes from a real SDN match, a licensing gap or a screening error, and set out the fastest route: license, unblocking request or delisting petition.
Get an OFAC case reviewWho Ends Up on the SDN List — Common Scenarios
Designation doesn’t always mean deliberate wrongdoing. Four recurring patterns bring clients to an OFAC delisting lawyer:
- Mistaken identity — a common name (transliterated Arabic, Cyrillic, or Farsi names especially) matches an SDN entry belonging to someone else entirely.
- Family or business association — a relative, business partner, or former employer gets designated, and the connection alone triggers a bank’s screening flag.
- Ownership-chain exposure — the “50% Rule” aggregates ownership stakes; an entity 50%+ owned (directly or indirectly) by a blocked person is itself blocked, even without independent wrongdoing.
- Country/sector designation — operating in a targeted sector (e.g., Russian energy, defense) or jurisdiction pulls otherwise uninvolved parties into scope.
Each scenario requires a different evidentiary strategy — mistaken identity relies on biometric and documentary proof of non-identity; ownership-chain cases require divestiture evidence and corporate records.
OFAC Attorney Washington D.C. | Defense & Compliance
Our team specialises in cases with an international element. We review applicable treaties, assess risks, and prepare an action plan.
Contact a lawyer →OFAC Licenses Attorney: General vs. Specific Licenses
OFAC issues two license types. General licenses authorize entire categories of transactions without an application: compliance with their published terms and expiry dates is enough. Specific licenses are issued to a named applicant for a defined transaction under 31 CFR § 501.801 and are requested through OFAC’s licensing portal. Many programs also contain license-like authorizations in the regulations themselves, such as 31 CFR § 560.530 for agricultural commodities, medicine and medical devices under the Iran program. Always check whether a general license has expired or been replaced.
A specific license request needs the legal basis for the license, full details of the parties and the transaction, counterparty due diligence, and an explanation of why a general license or a different structure will not work. OFAC publishes no fixed processing time, and complex cases involving blocked governments or large transactions take longer. Full guidance: OFAC specific and general licenses.
When funds were frozen in error, such as no actual SDN match, an expired designation or a transaction that never touched a blocked party, the right tool is an unblocking request under 31 CFR § 501.806, not a license.
SDN List Removal Lawyer: Delisting Standards and Process
A person on the SDN List can petition for removal under 31 CFR § 501.807. OFAC looks for a change in circumstances or a mistake in the original designation. An SDN list removal lawyer builds the petition around four typical grounds:
- Changed circumstances: the designated party cut ties with the sanctioned conduct;
- Mistaken identity or flawed information;
- Policy objectives already met;
- Death or dissolution of the designated party or entity.
The petition goes to OFAC with a cover letter, legal memorandum, written statements and documentary evidence. OFAC does not publish fixed review times, and cases involving classified evidence run much longer. If OFAC denies or does not act on a petition, a designation can be challenged in federal court under the Administrative Procedure Act. In the D.C. Circuit see Zevallos v. Obama, 793 F.3d 106 (D.C. Cir. 2015) and Holy Land Foundation v. Ashcroft, 333 F.3d 156 (D.C. Cir. 2003).
The response deadline runs from the date on the request. Our lawyers review your transaction history for SDN and 50% Rule exposure and decide whether a voluntary self-disclosure is available.
Speak to OFAC defense counselDelisting Petition vs. License Application vs. Unblocking Request
| SDN Delisting Petition | Specific License | Unblocking Request | |
| Use when | You believe the designation itself is wrong or outdated | The designation is valid but you need to conduct a specific transaction anyway | Funds were frozen but no valid SDN match or blocking basis exists |
| Legal standard | Substantial evidence the designation no longer fits (APA § 706) | Transaction serves U.S. policy/national interest | Freeze was procedurally or factually mistaken |
| Typical timeline | 60–90 days (12–18 months if classified evidence) | 45 days (simple) to 90–180 days (complex) | Varies; often faster once error is documented |
| Outcome | Full removal from SDN List | One-time or category authorization; designation remains | Release of the specific frozen asset only |
Our Process: From First Contact to Resolution
- Case assessment — confirm whether the block stems from a genuine SDN match, a licensing gap, or a screening error, and identify the applicable deadline (pre-penalty notice, subpoena response, blocking report).
- Evidence compilation — gather identity documents, transaction records, corporate filings, and any prior compliance history relevant to the chosen strategy.
- Filing — submit the delisting petition, license application, or unblocking request with a supporting legal memorandum addressing OFAC’s specific evidentiary requirements.
- Agency follow-up — maintain direct contact with the assigned OFAC case officer; submit supplemental evidence as needed before a final determination.
- Escalation if denied — pursue reconsideration or, where appropriate, judicial review in the U.S. District Court for the District of Columbia under the APA.
Our Leading Attorneys
Dmytro Konovalenko, is a lawyer with many years of experience in dealing with the Interpol File Control Commission. Dmytro has successfully appealed for a red notice from countries of Europe, Asia, the Far East.
Anatoliy Yarovyi, lawyer, Doctor of Laws. Anatoliy specializes in appeals against INTERPOL Red Notices of North America, Latin America, Europe and Africa.
Why a Washington DC OFAC Attorney
Being based near Treasury, the Federal Reserve, and the DC District Court gives OFAC attorneys in Washington DC three practical advantages:
- Direct access — in-person meetings with OFAC compliance officers and licensing staff during negotiations;
- Litigation venue — most APA challenges to OFAC designations and penalties are filed in the District of Columbia, governed by D.C. Circuit precedent;
- Interagency coordination — working relationships across State, FinCEN, and Commerce accelerate license approvals and resolve jurisdictional overlaps.
We prepare the petition under 31 CFR § 501.807, assemble the evidence on changed circumstances or mistaken identity, and plan court review in the D.C. courts if OFAC denies it.
Start a delisting assessmentFAQ
What triggers OFAC enforcement actions for financial institutions in Washington?
OFAC enforcement actions in Washington can be triggered by processing transactions involving SDN-listed parties, sanctioned jurisdictions, or failing to implement adequate sanctions screening and compliance controls required under U.S. regulations.
What penalties can companies in Washington face for OFAC violations?
Companies in Washington may face civil penalties of up to $356,579 per violation or twice the transaction value, as well as criminal penalties including fines up to $1 million and imprisonment for up to 20 years for willful violations.
When should a financial institution in Washington contact OFAC defense counsel?
A financial institution in Washington should contact OFAC defense counsel immediately when a potential SDN match is identified, a subpoena is received, or internal investigations reveal possible sanctions violations or compliance failures.
Can I request a license and a delisting petition at the same time?
Yes. A specific license can unblock an immediate transaction while a delisting petition proceeds separately — the two are not mutually exclusive.
What’s the difference between an OFAC unblocking request and a specific license?
An unblocking request argues the freeze was a mistake in the first place; a specific license asks permission for a transaction OFAC would otherwise legitimately block.
