Frequently Asked Questions About OFAC | Visual OFAC (2024)

We understand you might have some questions aboutOFAC Search, OFAC Screening and OFAC Compliance.

We’ve prepared some answers to the most frequently asked questions, but if we don’t have an answer for you below, please contact us today.

OFAC Search (also known as OFAC Screening, OFAC Scrubbing, and OFAC List Screening) is the process by which organizations identify whether or not any parties involved in a transaction can be found on watch lists maintained by the Office of Foreign Assets Control (OFAC), a division of U.S. Department of the Treasury. It also helps to ensure organizations are not conducting business with, or someone located in, a sanctioned or embargoed country.

Yes. There are a number of watch lists of individuals, entities and countries that, for a variety of reasons, the U.S. Treasury Department have placed restrictions upon conducting business. OFAC-specific watch lists include the Specially Designated Nationals (SDN) list, the Foreign Sanctions Evaders (FSE), Sectoral Sanctions Identifications (SSI), Foreign Narcotics Kingpins, and others.

If you do business with entities on these watch lists, you are exposing your organization to the risk of fines and other penalties. Between 2015 and 2018 alone, OFAC levied over $800 Million worth of fines—and that’s not counting other criminal convictions and jail time. Making sure that you are not doing business with anyone on OFAC and other government watch lists helps protect you and your company from said fines, other penalties, and negative news coverage.

Yes. The U.S. is not the only country that has lists similar to those maintained by OFAC. Many foreign countries and international bodies have their own laws which require the vetting of entities, including financial lists such as the HM Treasury Consolidated List, the OSFI Consolidated List, and World Bank Listing of Ineligible Firms.

Yes. A number of companies have been fined for knowingly and unknowingly violating OFAC regulations. A list of recent OFAC actions can be found at here.

Generally speaking, everyone and every business transaction should be screened. Screening should be performed on any party involved in the transaction, including the final end user, and the chain of individuals and businesses in-between. Screening can also be used for contacts, visitors, employees, business associates, re-sellers, etc.—though the lists screened may vary for each of these purposes. Countries should also be screened to ensure they are not currently facing sanctions or embargoes.

Yes. Many large transactions are facilitated in U.S. Dollars, and processed through U.S. Banks. These banks may freeze funds from being transferred to sanctioned parties or face penalties themselves. To avoid this possibility, screening is recommended, especially against OFAC’s Specially Designated Nationals (SDN) watch list.

Businesses may choose to screen potential customers or vendors at first contact. Some screen again when orders or finances change hands, and repeat this process with each order. Other organizations will have automated rescreening take place instead of rescreening manually. Visitors may be screened when they sign up for a tour, or on the spot when they arrive.

What is really important about when screening takes place is that it should fit the regulatory goals of the organization—ensuring that finances, technology, information, or goods are not transferred in violation of regulations.

Visual OFAC’s screening solutions check for individuals and companies that are found on U.S. and international government watch lists; as well as countries facing sanctions or under embargo. Our global sanctions screening tool helps protect you from conducting business with these entities by alerting you to their presence on government watch lists.

Visual OFAC’s screening solutionsare affordable and modular. Your organization can choose which solution (or solutions) fit your current OFAC compliance needs, and be confident that should those needs change, we have additional cost-effective screening tools to add to your OFAC compliance arsenal. Don’t hesitate to contact us today if you have any questions about our OFAC search solutions, or to request a quote.

Frequently Asked Questions About OFAC | Visual OFAC (2024)

FAQs

What is the main responsibility of OFAC? ›

The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities ...

What are two actions required by OFAC regulations? ›

In general, the regulations that OFAC administers require banks to do the following:
  • Block accounts and other property of specified countries, entities, and individuals.
  • Prohibit or reject unlicensed trade and financial transactions with specified countries, entities, and individuals.

Which two types of people must comply with OFAC regulations? ›

Who must comply with OFAC regulations? U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches.

What is OFAC requirements? ›

What are OFAC requirements? The OFAC regulations require that banks do the following: • Block any accounts and/or other property of specified individuals, entities, or countries. • Prohibit or reject unlicensed financial transactions with certain individuals, entities, or countries.

What does OFAC prohibit? ›

What does one mean by the term "prohibited transactions"? Prohibited transactions are trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute.

Who is ultimately responsible for OFAC compliance? ›

OFAC has been delegated responsibility by the Secretary of the Treasury for developing, promulgating, and administering U.S. sanctions programs. subsidiaries must comply with OFAC's regulations. evaluate OFAC compliance systems to ensure that all banks subject to their supervision comply with the sanctions.

What are potential OFAC violations? ›

What are OFAC Violations? Engaging in any kind of economic trade with individuals and entities sanctioned by the OFAC is treated as a violation of the OFAC regulations. The consequence of such a breach could be financial penalties, civil liabilities, reputational losses, and more.

How does OFAC enforce sanctions? ›

The successor to the Office of Foreign Funds Control (FFC), OFAC administers and enforces sanctions based on U.S. foreign policy and national security goals by targeting certain foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of ...

What are the 5 components of OFAC? ›

OFAC outlines five essential components for an SCP, including:
  • Management commitment. “Management” is defined broadly as including senior leadership, executives, and/or the board of directors. ...
  • Risk assessment. ...
  • Internal controls. ...
  • Testing and auditing. ...
  • Training.

Which of the following are duties of the institution's OFAC officer? ›

The BSA/OFAC Officer is responsible for developing, implementing, administering, and monitoring all aspects of the Credit Union's BSA/AML/OFAC Compliance Program. The individual is expected to be knowledgeable in all aspects of BSA/AML/OFAC.

What best describes OFAC? ›

The Office of Foreign Assets Control (OFAC) is the regulatory authority responsible for economic and trade sanctions designated by the United States.

What is the reason for OFAC? ›

OFAC itself was formally created in December 1950, following the entry of China into the Korean War, when President Truman declared a national emergency and blocked all Chinese and North Korean assets subject to U.S. jurisdiction.

What is AML and OFAC responsibilities? ›

The BSA / AML / OFAC Compliance Officer is responsible for developing, implementing and administering all aspects of the Bank Secrecy Act Compliance Program, and for assuring that the bank is in compliance with the Bank Secrecy Act, USA Patriot Act, OFAC, and all other applicable laws.

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