OFAC Lawyer London | US Sanctions Defence & Compliance
A London-based commodity trading firm processed a €2.4 million payment in November 2025 through a New York correspondent bank. Three weeks later, OFAC opened a preliminary inquiry—one of the beneficiaries shared a surname with an SDN-listed entity. The company had 15 business days to produce transaction records and establish it conducted adequate due diligence before OFAC escalated the matter to formal enforcement.
OFSI vs. OFAC: Why a London Lawyer Must Know Both Systems
OFSI is the UK’s equivalent of OFAC — established post-Brexit to replace EU sanctions authority. But the two regimes operate independently, and that gap catches London businesses off guard more often than you’d expect:
- Being OFSI-compliant doesn’t make you OFAC-compliant. If you handle USD transactions or deal with US persons, you can breach OFAC while fully complying with UK rules — trade finance and commodity sectors get caught most often, where payment chains snake through multiple jurisdictions.
- OFAC’s reach is broader than most London counsel expect. It covers US dollar transactions processed through the US financial system, companies with US ownership exceeding 50%, and foreign subsidiaries of US entities — including UK companies that don’t think of themselves as “American” at all.
- The lists move faster than most compliance teams can track. Roughly 1,760 new SDN entries were added during 2025 alone across Russia, Iran, and China programs, while average annual removals historically run only 200–450 entries — the net list keeps growing, and yesterday’s clean counterparty can be blocked today.
- The two regimes don’t just differ — they conflict procedurally. OFSI designations follow UK Sanctions and Anti-Money Laundering Act 2018 procedures, with judicial review available through the UK Administrative Court. OFAC designations are challenged through administrative petitions under 31 CFR § 501.807, with no automatic judicial review until administrative remedies are exhausted. Miss which process applies to which designation, and you can burn your response window pursuing the wrong remedy.
If your compliance team is applying OFSI logic to an OFAC problem — or vice versa — you’re not alone, and it’s rarely obvious until a transaction is already frozen. A London OFAC lawyer needs to run both frameworks side by side from day one, not translate between them after something’s gone wrong.
| Feature | OFSI (UK) | OFAC (US) |
|---|---|---|
| Legal basis | UK Sanctions and Anti-Money Laundering Act 2018 | International Emergency Economic Powers Act (50 USC § 1701) |
| Jurisdictional reach | UK persons, UK territory, UK-incorporated entities | US persons, USD transactions, US-organized entities and foreign subsidiaries |
| Civil penalty maximum | Greater of £1 million or 50% of estimated value of funds (Policing and Crime Act 2017, Part 8, as amended by the Sanctions and Anti-Money Laundering Act 2018) | Greater of $330,000 or twice transaction value (31 CFR § 501.701) |
| Challenge procedure | Judicial review in UK Administrative Court | Administrative petition to OFAC (31 CFR § 501.807) |
| Response timeline | 56 days for judicial review application | OFAC must respond within 90 days of petition |
What Is Your Actual Legal Exposure Under OFAC in the UK?
UK companies often assume OFSI compliance covers OFAC obligations. It doesn’t. OFAC operates independently of UK law, and post-Brexit divergence means OFSI designations no longer track OFAC’s SDN List. A London firm can be fully OFSI-compliant yet still violate OFAC if processing US dollar payments, maintaining US customer relationships, or operating as a subsidiary of a US parent.
Civil penalties reach $377,700 per violation or twice the transaction value under 31 CFR § 501.701. Criminal liability applies when violations are willful—fines up to $1 million and 20 years imprisonment per 50 USC § 1705. Real exposure stems from transactions involving Iran, North Korea, Russia, Syria, Cuba, or Venezuela; false compliance certifications to US correspondent banks; and willful blindness during customer due diligence.
The 2019 English Commercial Court decision Lamesa Investments Ltd v Cynergy Bank Ltd [2019] EWHC 1877 (Comm) recognized that US secondary sanctions risk could trigger a “mandatory provision of law” clause in loan agreements—meaning an OFAC violation by your counterparty can excuse your own payment obligations. This illustrates how OFAC jurisdiction reshapes contractual performance in London-based deals. The borrower couldn’t use territoriality to escape when the lender faced genuine OFAC risk.
OFAC Lawyer London | US Sanctions Defence & Compliance
Our team specialises in cases with an international element. We review applicable treaties, assess risks, and prepare an action plan.
Contact a lawyer →The Three Critical Steps You Must Take If You’re Under OFAC Investigation or Audit
When OFAC opens an inquiry, your first two weeks determine everything. If you move quickly, the matter may resolve with a cautionary letter. Wait, and you face a six-figure penalty. OFAC’s Enforcement Guidelines (October 2023) distinguish between egregious cases warranting maximum penalties and non-egregious matters eligible for mitigation based on voluntary self-disclosure, cooperation, and remedial measures.
Step 1: Audit and preserve (within 10 business days). Pull all transactions from the past five years involving OFAC-sanctioned jurisdictions or SDN-listed entities. Lock down payment instructions, customer due diligence records, compliance screening logs, and email chains. Stop any ongoing transactions presenting OFAC risk immediately—document the halt and notify counterparties through counsel (this preserves privilege). The risk here: incomplete records or ongoing violations discovered later look like attempted concealment.
Step 2: Assess voluntary disclosure (within 30 days). Engage an OFAC-qualified lawyer to determine whether voluntary self-disclosure under 31 CFR § 501.807 is required. Timing matters critically. Voluntary disclosure must occur before OFAC issues notice of investigation to qualify for penalty mitigation. OFAC’s 2025 Enforcement Data showed voluntary disclosures resulted in 40% lower average penalties than independently detected violations. Your lawyer will assess whether violations are egregious (sanctioned jurisdictions on the Priority List, senior management involvement, or concealment)—egregious findings multiply penalties significantly.
Step 3: Implement remediation (within 60 days). Update customer screening to check both OFAC SDN List and OFSI Consolidated List. Deploy enhanced due diligence procedures. Document all corrective actions for OFAC’s record. OFAC’s penalty calculation directly rewards genuine compliance overhauls. Effective programs include independent audits, documented staff training, and automated sanctions screening technology. Sloppy remediation—a template compliance policy without implementation—signals bad faith and invites higher penalties.
SDN Delisting and OFAC Administrative Appeals: Your Defence Options
OFAC designations aren’t forever. Two procedural routes exist: preventive requests filed before designation and administrative appeals filed after. Success depends on evidence quality, legal arguments, and the underlying sanctions program.
Preventive Request for SDN Delisting As noted above, most SDN removals in the reporting period were administrative corrections rather than contested delistings.
Administrative Appeal (31 CFR § 501.807): Already designated? Request delisting with new evidence showing you no longer meet designation criteria or that policy objectives are served by removal. OFAC must respond within 90 days. Successful appeals cite factual errors in the original designation, updated beneficial ownership records proving no connection to sanctioned persons, or regulatory changes eliminating the original basis.
OFAC’s 2025 Annual Report notes 1,573 SDN entries were removed during the reporting period, though most were administrative corrections rather than contested delistings. Contested petitions typically take six to nine months. London practitioners have secured removals through documented comprehensive compliance programs, third-party character references from financial institutions, and procedural errors in OFAC’s designation process—failure to provide adequate notice or opportunity to respond.
Dmytro Konovalenko, Senior Partner. He specialises in economic, political and war-crime cases. Attorney-at-law; certificate to practise law No. 001156.
Anatoliy Yarovyi, Senior Partner. He represents clients before the European Court of Human Rights and was one of fifteen candidates for the post of ECHR judge in 2021. Attorney-at-law; certificate to practise law No. 701, issued 28 December 2009.
Why London OFAC Lawyers Differ from General Corporate Counsel
OFAC compliance is specialized export controls law requiring technical knowledge of 31 CFR Part 5, Export Administration Regulations, and International Traffic in Arms Regulations. General corporate lawyers don’t have this depth. They miss procedural deadlines and overlook secondary sanctions exposure—transactions that don’t involve USD but still breach OFAC because they involve US-origin goods or technology.
Specialist firms run live OFAC SDN List monitoring systems and publish country-risk matrices covering high-risk jurisdictions. They advise which jurisdictions create automatic compliance triggers: comprehensive sanctions against Iran, North Korea, Cuba, and Syria prohibit nearly all transactions. Targeted programs against Russia, Venezuela, and Belarus require transaction-by-transaction analysis of sector exposure and entity ownership.
FAQ
Do London companies need to comply with OFAC sanctions if they already follow UK OFSI rules?
Yes. London companies can be fully compliant with OFSI regulations and still breach OFAC rules if they deal in US dollars, use US banks, or have US persons or subsidiaries involved. OFAC operates independently of UK law, so dual compliance is often required.
What happens if a London business violates OFAC sanctions accidentally?
Even accidental violations can lead to strict liability penalties. Civil fines can reach hundreds of thousands of dollars per violation, and criminal liability may apply if OFAC determines willful neglect or insufficient due diligence. Early legal response can significantly reduce penalties.
Why do London businesses need an OFAC lawyer if they already have corporate counsel?
General corporate lawyers often lack expertise in US sanctions enforcement. An OFAC lawyer understands SDN List screening, voluntary disclosure procedures, licensing, and defence strategies specific to US Treasury enforcement—critical for cases involving cross-border transactions through London financial institutions.
