Several days ago the United States Department of the Treasury Office of Foreign Assets Control (“OFAC”) designated Zimbabwe Attorney General Johannes Tomana pursuant to the Zimbabwean Sanctions Regulations. Tomama is thought to have engaged in actions or policies which have have the effect of undermining Zimbabwe’s democratic processes or institutions.

Tomana, appointed by President Robert Mugabe, is believed to have selectively prosecuted political opponents and their perceived supporters all in order to undermine Zimbabwe’s democratic processes and institutions. As a result of this designation, Tomana has been placed on the Specially Designated Nationals (“SDN”) List, effectively prohibiting U.S. persons from engaging in transactions with him and freezing any assets he held which were under U.S. jurisdiction.

Tomana was appointed to the position of Attorney General by President Mugabe in December 2008 following the signing of the Global Political Agreement between the Zimbabwe African National Union-Patriotic Front (ZANU-PF) and MDC leaders in September 2008. Occurring before the swearing in of the new Government of National Unity in February 2009, Tomana’s appointment was made without consultation with MDC leaders and against the spirit of Zimbabwe’s Global Political Agreement signed on September 15, 2008.​

As a lawyer who has practiced law in a country impacted by U.S. economic sanctions, it will be interesting to see how quickly and effectively Tomana will be able to challenge the OFAC designation. Although no two OFAC matters are ever the same, in other SDN designation cases involving high profile international figures, the designated parties are seemingly lost in how to deal with OFAC. Suffering the consequences of an OFAC designation can be devastating, and the process through which to challenge the designation is no less difficult. Challenging a designation can take many years and require extensive documentation. There are no guarantees in this process, however, going about it the right way from the beginning can expedite the matter to some degree. In addition, shifting the burden of dealing with process to experienced counsel can ease the weight placed upon the designated party and often gives those parties some peace of mind during an incredibly stressful time.

The author of this blog is Erich Ferrari, an attorney specializing in OFAC litigation. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.