Today, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”) has designated a number of individuals and entities under the Anti Terrorism Sanctions Regulations and Foreign Narcotics Kingpin Designation Act (“Kingpin Act”).

While only 1 individual was designated under the Anti Terrorism Sanctions Regulations, 15 individuals were designated under the Kingpin Act, as well as 14 entities. The majority of the individuals and entities were of either Mexican or Columbian nationality.

With the drug cartels continously become more aggressive and influential in Southern and Central America, it would seem to make sense to use every available tool to stem their tide. However, does the fact that the number of designations under the Kingpin Act continues to increase so many years after its inception speak to a failure of the legislation itself? Or perhaps its a hallmark of the failure of the U.S. War on Drugs in general?

As an attorney who has represented individuals designated under the Kingpin Act, I can tell you that many times the evidence utilized in making the determination of designation is weak at best and in most cases is scant. Perhaps it would be wiser for OFAC to stop using broad strokes in making these designations and use more of their resources to investigate and understand these narco trafficking networks. Rather than just designating anyone that they believe may in someway be involved in these activities, a more focused designation policy may make for a more efficient use of the sanctions regulations.

If I come off critical of OFAC, it is only because of my frustration at its inefficiencies. Although, I spend a majority of my time opposing their designations, I am actually a proponent of utilizing sanctions as a means of carrying out U.S. foreign policy objectives. However, I have seen too many cases come through my office where individuals and companies are designated for illegitimate (and sometimes illegal) reasons. So while this might sound like a rant against OFAC, its more of a request: OFAC please focus on making the RIGHT designations, not just on making designations.

For a listing of the newest designations please click here.