Pre-Designation Requests: The Easiest Way to Stay Off the OFAC List

Justia

by Justia CLE & Webinars Team

February 4, 2026

AI-Generated Deep Dive Summary

Pre-designation requests offer a proactive strategy to prevent sanctions designations by OFAC, which can have severe consequences for businesses and individuals. This Justia Webinar explores how entities, particularly non-U.S. persons, can mitigate sanctions risks by taking action before a designation occurs. The webinar emphasizes the importance of effective communication with U.S. agencies, public-facing remediation measures, and understanding when and how to engage OFAC to avoid being added to its Specially Designated Nationals (SDN) list. The session delves into the legal landscape surrounding sanctions designations, including OFAC's authority under regulations like the Iran, Ukraine/Russia-related, and Counter-Terrorism programs. It provides practical guidance on submitting pre-designation requests, covering key elements such as timing (identifying signals of potential designation), form and content (including legal arguments and evidence), and delivery methods. Speakers also discuss strategic considerations, such as balancing transparency with privilege and exploring alternatives like requesting meetings with OFAC. Case studies highlight instances where pre-designation engagement successfully prevented sanctions, as well as scenarios where it failed. These examples underscore the importance of tailored remediation efforts and clear communication in reducing the risk of designation. The webinar concludes by emphasizing the value of proactive strategies for legal professionals, offering actionable insights to help clients navigate the complexities of OFAC designations and maintain compliance with U.S. sanctions regulations. For legal practitioners and businesses dealing with international trade and sanctions risks, understanding how to leverage pre-designation requests is crucial in today's complex regulatory environment. This approach not only helps avoid costly and reputation-damaging sanctions but also demonstrates a commitment to transparency and compliance, which can be vital for maintaining trust and operational continuity in global markets.

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Originally published on Justia on 2/4/2026