Last Friday, The United States Department of the Treasury Office of Foreign Assets Control (OFAC) issued an announcement that a number of individuals and one entity had been removed from the Specially Designated Narcotics Trafficker (SDNT) list; also sometimes called the Kingpin List. These individuals had been placed on that list pursuant to the Foreign Narcotics Kingpin Designation Act, which blocks property and transactions with persons under U.S. jurisdiction.

The trend this year has been for OFAC to designate rather than remove individuals from this list. Indeed, removals are usually few and typically occur one or two at time. However, last Friday OFAC removed seven individuals and one company, all of which were Columbian. This is good news for those blocked persons who are seeking removal. The persons removed are as follows:

1. ANDRADE MENDEZ, Gerardo;
2. FARMATODO S.A.;
3. GIL GUIO, Alexandra;
4. LEON, Hector;
5. LOPRETTO DURAN, Jorge Enrique.
6. LOZANO OSPINA, Max Abilio
7. QUINONEZ TORRES, Sergio Plinio.
8. SERNA GOMEZ, Adriana Maria.

It is a difficult task to be removed from the Specially Designated Nationals (SDN) list. For one, there are not a lot of lawyers (although I am one) who deal specifically with the removal process. Most attorneys working on OFAC related matters are doing so from a compliance standpoint. However, dealing with removals takes a different mindset, because rather than seeking to comply with OFAC, one will actually be arguing against OFAC. These two approaches are drastically different from one another, although, there are attorneys who are capable of doing both.

The procedures for attempting to remove one’s name from the Kingpin List are found at 31 C.F.R. 501.807. Blocked persons are permitted to submit a petition for removal which offers arguments and evidence as to why that person should be removed. In addition, persons can offer remedial steps to be taken to ensure that they no longer engage in the activity that caused them to be placed on the list in the first place. Persons may also request a meeting with OFAC to discuss the petition, however, there is no right to a meeting. Once the information is gathered, OFAC will issue a written decision as to whether or not the person will be removed.

Here is a tip from someone who has done my fair share of petitions for removal. You are going to need to things: 1. A good lawyer; 2. A lot of evidence. The lawyer should be someone who has trial or appellate experience and has developed the mindstate of an aggressive advocate. Here you are not trying to do what OFAC requests, but rather change their opinion. You should find a lawyer who believes in you and will represent you aggressively. You will also need a lot of evidence. How much is a lot? You will need everything in your possession, plus more. You will need to produce documents from various government agencies, translations of foreign documents, witness statements, expert opinions, etc. OFAC is not easily persuaded to go back on their initial decision, so you really need to make a show of force as to the evidence you can bring to bear to support your claims. While this is very important, a good lawyer who has been through the process once or twice will take care of a lot of this for you. If you work as a team with your lawyer to get the needed documentation, you can quickly and effectively put together powerful arguments as to why you should be removed.

The truth is that being removed from the OFAC SDN list is an uphill climb, but it is not impossible. This is evidenced by the persons mentioned above who were recently removed. If you go about it the right way, either you or your business can successfully be removed.