The Legal Elements of Delisting from OFAC US Sanctions List: Losing Control and Ownership

Document Type : Research Paper

Authors

1 University of Tehran, Faculty of Law and Political Sciences

2 PhD Candidate in Oil and Gas Law, University of Tehran, Faculty of Law and Political Sciences

Abstract

The article studies the legal elements which US Office of Foreign Assets Control (OFAC) shall use to assess the delisting application of entities listed in the Specially Designated Nationals and Blocked Persons List (SDN). This article studies the delisting of three Russian-owned and controlled entities; EN+, Rusal and Euro Sib Energo and examines OFAC's approach to the concept of indirect control and ownership and how an entity could establish its control or ownership disconnection, with a sanctioned person or entity.

Keywords


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- اسناد و قوانین

  1. Code of Federal Regulations, 31 CFR § 501.807 - Procedures governing delisting from the Specially Designated Nationals and Blocked Persons List, Available at: https://www.law.cornell.edu/cfr/text/31/501.807
  2. Department of Treasury (2018) "20181219 Notification Removal", Office of Foreign Assets Control, pp. 1-9
  3. Department of Treasury (2014) "Frequently Asked Questions, No. 399", Office of Foreign Assets Control, Available at:

 https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1521

 

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 https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1521

  1. Department of Treasury (2014) "Revised Guidance on Entities Owned by Persons Whose Property and Interest in Property Are Blocked", Office of Foreign Assets Control, Available at:

https://home.treasury.gov/system/files/126/licensing_guidance.pdf

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- سایت‌ها

  1. En+ GROUP (2019) "En+ Group Announces its Removal from OFAC’s SDN List", (Last Visited: May 11, 2021), Available at:

https://enplusgroup.com/en/media/news/press/en-group-announces-its-removal-from-ofac-s-sdn-list/

  1. Sayre, Anna (2020) "Three Designations and a Removal: Recent Major Companies Targeted by OFAC and Their Implications", (Last Visited: May 11, 2021), Available at:

https://sanctionsassociation.org/three-designations-and-a-removal-recent-major-companies-targeted-by-ofac-and-their-implications/

  1. Reuters (2020) "En+ raises stake in Rusal to 57% after Glencore asset swap", (Last Visited: May 11, 2021), Available at:

https://www.reuters.com/article/us-en-glencore-swap-idUSKBN1ZX21R

 

  1. US Department of the Treasury (2020) "Frequently Asked Questions", (Last Visited: May 10, 2021), Available at:

 https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1521

  1. Sun, Mengqi (2021) "Russian Tycoon Oleg Deripaska Loses Suit to Lift U.S. Sanctions", (Last Visited: June 19, 2021), Available at:

https://www-wsj-com.cdn.ampproject.org/c/s/www.wsj.com/amp/articles/russian-tycoon-oleg-deripaska-loses-suit-to-lift-u-s-sanctions-11623795556