Office of Foreign Assets Control

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Office of Foreign Assets Control
Logo of the U.S. Office of Foreign Assets Control (OFAC).jpg
Agency overview
FormedDecember 1950
Preceding
  • Office of Foreign Funds Control
Headquarters Washington, D.C.
EmployeesApproximately 200 (2013) [1]
Annual budget$30.9 million (2013)
Agency executive
Parent department Department of the Treasury

The Office of Foreign Assets Control (OFAC) is a financial intelligence and enforcement agency of the U.S. Treasury Department. It administers and enforces economic and trade sanctions in support of U.S. national security and foreign policy objectives. [3] Under Presidential national emergency powers, OFAC carries out its activities against foreign states as well as a variety of other organizations and individuals, like terrorist groups, deemed to be a threat to U.S. national security. [4]

Contents

As a component of the U.S. Treasury Department, OFAC operates under the Office of Terrorism and Financial Intelligence and is primarily composed of intelligence targeters and lawyers. While many of OFAC's targets are broadly set by the White House, most individual cases are developed as a result of investigations by OFAC's Office of Global Targeting (OGT). [5]

Sometimes described as one of the "most powerful yet unknown" government agencies, [5] [6] OFAC was founded in 1950 and has the power to levy significant penalties against entities that defy its directives, including imposing fines, freezing assets, and barring parties from operating in the United States. In 2014, OFAC reached a record $963 million settlement with the French bank BNP Paribas, which was a portion of an $8.9 billion penalty imposed in relation to the case as a whole. [7]

History

Involvement of the U.S. Department of the Treasury in economic sanctions against foreign states dates to the War of 1812, when Secretary Albert Gallatin administered sanctions against Great Britain in retaliation for the impressment of American sailors. [4] [8]

The Division of Foreign Assets Control, the immediate predecessor to OFAC, was established in December 1950. Predecessor agencies of the Division of Foreign Assets Control include Foreign Funds Control, which existed from 1940 to 1947, and the Office of International Finance (1947 to 1950). OFAC's earliest predecessor, Foreign Funds Control, was established by Executive Order 8389 as a unit of the Office of the Secretary of the Treasury on April 10, 1940. The authority to establish Foreign Funds Control was derived from the Trading with the Enemy Act 1917. Among other operations, Foreign Funds Control administered wartime import controls over enemy assets and restrictions on trade with enemy states. It also participated in administering the Proclaimed List of Certain Blocked Nationals, or the "Black List", and took censuses of foreign-owned assets in the United States and American-owned assets abroad. Foreign Funds Control was abolished in 1947, with its functions transferred to the newly established Office of International Finance (OIF). In 1948, OIF activities relating to blocked foreign funds were transferred to the Office of Alien Property, an agency within the Department of Justice. [9]

The Division of Foreign Assets Control was established in the Office of International Finance by a Treasury Department order in 1950, following the entry of the People's Republic of China into the Korean War; President Harry S. Truman declared a national emergency and blocked all Chinese and North Korean assets subject to U.S. jurisdiction. In addition to blocking Chinese and North Korean assets, the Division administered certain regulations and orders issued under the amended Trading with the Enemy Act. [8] On October 15, 1962, by a Treasury Department order, the Division of Foreign Assets Control became the Office of Foreign Assets Control. [9]

Authority and activities

OFAC is headquartered in the Treasury Annex, located on the corner of Pennsylvania Avenue and Madison Place, N.W., in Washington, D.C. Treasury Annex.JPG
OFAC is headquartered in the Treasury Annex, located on the corner of Pennsylvania Avenue and Madison Place, N.W., in Washington, D.C.

In addition to the Trading with the Enemy Act and the various national emergencies currently in effect, OFAC derives its authority from a variety of U.S. federal laws regarding embargoes and economic sanctions. [10]

In enforcing economic sanctions, OFAC acts to prevent "prohibited transactions", which are described by OFAC as "trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute". OFAC has the authority to grant exemptions to prohibitions on such transactions, either by issuing a general license for certain categories of transactions, or by specific licenses issued on a case-by-case basis. [8] OFAC administers and enforces economic sanctions programs against countries, businesses or groups of individuals, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. See United States embargoes for a list of affected countries.

Under the International Emergency Economic Powers Act (IEEPA), the U.S. President is empowered during national emergencies to block the removal of foreign assets under the jurisdiction of the United States. That mandate is executed by OFAC by issuing regulations that direct financial institutions accordingly.

Between 1994 and 2003, OFAC collected over $8 million in violations of the Cuban embargo, against just under $10,000 for terrorism financing violations. It had ten times more agents assigned to tracking financial activities relating to Cuba than to Osama Bin Laden. [11]

As part of its efforts to support the Iraq sanctions, in 2005, OFAC fined Voices in the Wilderness $20,000 for gifting medicine and other humanitarian supplies to Iraqis. [12] In a similar case, OFAC imposed and attempted to collect a $10,000 fine, plus interest, against peace activist Bert Sacks for taking medicine to residents of Basra; [13] charges against Sacks were dismissed by the court in December 2012. [14]

In October 2007, a set of Spanish travel agency websites had their domain name access disabled by eNom: the domain names had been on the OFAC blacklist. [15] [16] When queried, the U.S. Treasury referred to a 2004 press release that claimed the company "had helped Americans evade restrictions on travel to Cuba". [15]

In the case of United States v. Banki , on June 5, 2010, a U.S. citizen was convicted of violating the Iran Trade Embargo for failing to request Iranian currency transfer licenses in advance from OFAC. On August 25, 2010, the Iranian American Bar Association announced that it would file an amicus curiae brief with the Court of Appeals for the Second Circuit on United States v. Banki. [17] It has also hired lawyers to request further guidance from OFAC on import of goods from Iran. [18]

Appointment as director is not subject to Senate confirmation. [19]

Specially Designated Nationals

OFAC publishes a list of Specially Designated Nationals (SDNs), which lists people, organizations, and vessels with whom U.S. citizens and permanent residents are prohibited from doing business. [8] This list differs from the list maintained pursuant to Section 314(a) of the Patriot Act. [20]

When an entity or individual is placed on the SDN list it can petition OFAC to reconsider. But OFAC is not required to remove an individual or entity from the SDN list. Two federal court cases have found the current Treasury/OFAC process to be constitutionally deficient.[ citation needed ]

In August 2009, a federal court ruling in KindHearts v. Treasury found that Treasury's seizure of KindHearts assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. [21]

On September 23, 2011, the Ninth Circuit Court of Appeals upheld a lower court's ruling that procedures used by Treasury to shut down the Oregon-based Al Haramain Islamic Foundation in 2004 was unconstitutional. The court said the Fifth Amendment's guarantee of due process required Treasury to give adequate notice of the reasons it puts a group on the terrorist list, as well as a meaningful opportunity to respond. In addition, the court ruled that freezing the group's assets amounts to a seizure under the Fourth Amendment, so that a court order is required. [22]

As of October 7, 2015, the SDN List had more than 15,200 entries from 155 countries. Of those, 178 entries were for aircraft and 575 entries were for ships ("vessels"). The remaining 14,467 entries were for designated individuals and organizations. [23] OFAC creates separate entries in the SDN list for each alias of a designee, so the number of entries does not reflect the number of designees. [4]

Sectoral Sanctions Identifications

OFAC publishes a list of Sectoral Sanctions Identifications (SSI), which lists persons, companies, and entities in sectors of the Russian economy (especially energy, finance, and armaments), prohibiting certain types of activity with these individuals or entities by United States persons, wherever located. [24] This list is maintained following the issuance of EO 13662 Blocking Property of Additional Persons Contributing to the Situation in Ukraine on March 20, 2014, in accordance with 79 FR 16167. [25]

On August 13, 2014, the United States Department of Treasury issued guidance for entities under sectoral sanctions. United States increased the number of entities on the sectoral sanctions identifications list by adding subsidiaries of entities under sectoral sanctions that hold 50% or greater ownership by an entity under sectoral sanctions either individually or in the aggregate, either directly or indirectly. Also, US persons cannot use a third party intermediary and they must use caution during "transactions with a non-blocked entity in which one or more blocked persons has a significant ownership interest that is less than 50% or which one or more blocked persons may control by means other than a majority ownership interest." [26]

On December 22, 2015, the United States Department of Treasury explicitly listed all entities and their subsidiaries on the sectoral sanctions identifications list using a human readable search. [27] [28] [29]

Sanctions programs

As of August 8, 2020, OFAC was administering the following sanctions programs: [30]

Table note: The numbers of individuals, companies, vessels, and aircraft are taken from the SDN List. However, any single entry on that list may be a target of multiple sanctions programs, so summing lines of the table will inflate the true sum due to duplication.

TagLast updatedSanctions programIndividualsCompaniesVesselsAircraft31 CFR CFR date EO EO

date

[561LIST]Iran Financial561 [31]
[BALKANS]Balkans related [32] 229588 [33] [34] 13304 [35]
[BELARUS]Belarus20854813405
[BPI-PA] Patriot Act [36]
[BPI-SDNTK]Narcotics related [37] 598
[BURMA] Myanmar related21953713448,

13464

[CAR]Central African Republic39553
[COTED]Côte d'Ivoire9543
[CUBA] Cuban Assets Control 2205515
[CYBER]Computer hacking related13694 [38]
[DARFUR]Darfur283546
[DPRK]North Korea7442051013551
[DPRK2]North Korea related101613687
[DRCONGO]Democratic Republic of the Congo1062754713413, 13671October 27, 2006
July 8, 2014 [39]
[EO13622]Iran related17613622 [40]
[EO13645]Iran related910913645 [41]
[FSE-IR]Iran sanctions evaders3213608 [42]
[FSE-SY]Syria sanctions evaders13608 [42]
[FSE-WMD] WMD related [43] 13608 [42]
[FSE-SDGT]Terrorism related [44] 13608 [42]
[FTO]Terrorism related [45] 552597
[GLOMAG]Global Magnitsky Sanctions Regulations [46] 552597
[HK-EO13936] Hong Kong-Related Sanctions [47] [48] 1113936 [49]
[HRIT-IR]Iran human rights2613606 [50]
[HRIT-SY]Syria human rights2613606 [50]
[IFCA]Iran related [51]
[IFSR]Iranian Financial23985760561
[IRAN]Iranian Transactions19416175560
[IRAN-HR]Iran related543713553 [52]
[IRAN-TRA]Iran related164513628 [53]
[IRAQ2]Iraq related2878413315,

13350

[IRAQ3]Iraq related1024813438
[IRGC]Iranian Financial11212038561
[ISA]Iran Act31713574
[JADE]Myanmar Jade [54]
[LEBANON]Lebanon1354913441
[LIBERIA]Former Liberian Regime of Charles Taylor 4570593
[LIBYA2]Libya related1343570
[MAGNIT] Magnitsky Act [55] 54
[NPWMD] WMD related [56] 21189235176544
[NS-ISA]Iran related [57] 13574
[NS-PLC]Palestinian License [58] 594 [59]
[SDGT]Terrorism related [60] 3,0151,963101594
[SDNT]Narcotics related [61] 436511536
[SDNTK]Narcotics related [62] 210211255598
[SDT]Terrorism63143595
[SOMALIA]Somalia19920551
[SUDAN]Sudan related223538
[SOUTH SUDAN]South Sudan55813664
[SYRIA]Syria related235180103854213399,

13460

[TCO]Transnational Criminal Organizations2014159013581 [63]
[UKRAINE-EO13660]Ukraine related1933113660 [64]
[UKRAINE-EO13661]Ukraine related9514413661 [65]
[UKRAINE-EO13662]Ukraine related13662 [66]
[UKRAINE-EO13685]Ukraine related4213685 [67]
[VENEZUELA]Venezuela related713692 [68]
[YEMEN]Yemen23552
[ZIMBABWE]Zimbabwe121119541 [69] 13391,

13469

See also

Further reading

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  68. Obama, Barack (March 8, 2015). "Executive Order 13692 — Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela" (PDF). Federal Register. Washington, D.C.: Government Printing Office (published March 11, 2015). 80 (47). Archived from the original (PDF) on March 10, 2016. Retrieved November 12, 2015.
  69. also 70 FR 71201 and 73 FR 43841