The United States Office of Foreign Assets Control (OFAC) has become one of the most influential regulatory bodies in the global financial and commercial landscape. Although formally a domestic agency within the U.S. Department of the Treasury, OFAC’s decisions reach well beyond U.S. borders. In practice, its sanctions shape commercial behaviour in Europe, Asia, the Middle East, Africa and Latin America, and they affect companies that do not consider themselves to have any direct connection to the United States. For international businesses, banks, investors, insurers, logistics companies and technology firms, understanding how OFAC is structured and how it functions is essential for risk management and strategic decision-making.

OFAC Within the U.S. Government Architecture

OFAC operates under the U.S. Department of the Treasury and forms part of a specialised national-security-oriented cluster known as the Office of Terrorism and Financial Intelligence (TFI). TFI oversees several bodies, including the Financial Crimes Enforcement Network (FinCEN), and works in close coordination with the U.S. State Department, the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Justice (DOJ), and the U.S. intelligence community. This institutional positioning explains the dual nature of OFAC: although it issues administrative regulations, its policy drivers are national-security concerns rather than purely commercial considerations.

The legal authority underpinning OFAC’s work is derived from federal statutes, principally the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act (NEA), the Trading with the Enemy Act (TWEA), and a range of country-specific and thematic sanctions laws. These statutes empower the President to declare national emergencies and to issue Executive Orders establishing sanctions programs. OFAC converts these Executive Orders into detailed and enforceable regulations, publishing them in Title 31 of the Code of Federal Regulations.

Internal Structure of OFAC: The Divisions That Shape Global Sanctions

Even though the U.S. Treasury does not publish an exhaustive organisational chart, OFAC’s internal structure can be understood through the distinct functions it performs. Each functional unit plays a critical role in how sanctions are designed, interpreted and enforced, and each influences how international businesses should approach compliance.

Sanctions Policy and Programs

The foundational layer of OFAC’s internal architecture is its sanctions policy and country- or sector-specific program offices. These program units manage regulatory frameworks for individual sanctions regimes, such as those targeting Iran, Russia, Syria, North Korea, Venezuela, terrorist organisations, cyber actors, corrupt officials and proliferators of weapons of mass destruction. Each program office is responsible for drafting, updating and interpreting the regulations for its specific sanctions program. As geopolitical conditions shift, these offices issue new regulations, amend existing ones, publish interpretive guidance and respond to questions from industry. The program offices also interact extensively with the State Department and national-security stakeholders to ensure that regulatory measures are consistent with broader U.S. foreign-policy objectives.

Designations and Targeting

Another essential component of OFAC is the Designations and Targeting Division. This division identifies individuals, entities, vessels, aircraft and occasionally entire sectors that meet the legal criteria for sanctions designation. Once sufficient information has been collected to satisfy the evidentiary threshold established by relevant Executive Orders and statutes, OFAC proceeds to designate the target. These designations are then published on the Specially Designated Nationals and Blocked Persons (SDN) List or one of the various non-SDN lists. A designation takes effect immediately, often without warning. This structure means that sanctions designations are not static; they evolve continuously and can fundamentally reshape a business relationship overnight.

Licensing

The Licensing Division forms the regulatory mechanism through which OFAC authorises activity that would otherwise be prohibited. OFAC distinguishes between general licenses, which apply automatically to anyone whose conduct falls within their scope, and specific licenses, which are granted individually upon application. The Licensing Division reviews requests involving humanitarian transactions, legal services, settlement of claims, divestment from sanctioned entities, blocked funds, and many other circumstances in which permitted activities must be carefully delineated. Because sanctions programs are broad by design, licensing provides a structured channel for lawful engagement in sensitive markets or with designated regions. For many international businesses, the success of a transaction or financial relationship depends on the timing, clarity and scope of relevant OFAC licenses.

Compliance and Outreach

OFAC maintains a specialised compliance and outreach function that develops interpretive guidance, publishes Frequently Asked Questions (FAQs), issues public advisories, and produces analytical material to help businesses understand regulatory expectations. It also maintains tools such as the Sanctions List Search and machine-readable data sets. In 2019, OFAC published the Framework for OFAC Compliance Commitments, a document that effectively sets international benchmarks for sanctions compliance. Although not legally binding, the framework has been adopted widely by compliance departments around the world and is routinely referenced in OFAC enforcement actions. This division ensures that OFAC’s regulatory expectations are communicated to the private sector and that firms understand how to identify and mitigate sanctions risks.

Enforcement

The Enforcement Division is responsible for investigating apparent violations and for imposing civil penalties. Enforcement actions may arise from bank filings, whistleblower reports, voluntary disclosures, media investigations or referrals from foreign authorities. During an investigation, OFAC may issue administrative subpoenas, request corporate records, review internal compliance policies, examine transaction histories and interview personnel. If violations are substantiated, OFAC may impose significant monetary penalties or refer the matter to the Department of Justice for criminal prosecution. OFAC’s enforcement guidelines set out the factors considered in penalty determinations, including whether the violation was willful, the degree of management involvement, the existence of an effective compliance program, the harm to sanctions objectives, and whether the company voluntarily self-disclosed the conduct.

How OFAC Functions in Practice

Understanding the functioning of OFAC is essential for businesses that operate across borders. OFAC’s operational model can be viewed as a multi-stage process composed of policy development, regulatory implementation, designation, licensing, compliance engagement and enforcement.

From Policy to Regulatory Action

Sanctions begin with a political assessment that a national emergency exists. Once the President issues an Executive Order, OFAC translates the broad policy directives into precise regulatory provisions. These include definitions of prohibited activities, restrictions on transactions, reporting requirements and any available exemptions. OFAC’s program offices then maintain these regulations, issuing amendments as foreign-policy conditions evolve.

Identification and Blocking of Prohibited Activity

When OFAC designates an individual or entity, U.S. persons – defined to include U.S. citizens, permanent residents, companies incorporated in the United States, and any person physically present in the United States – must immediately block property and interests in property of the designated party. Blocking requires the asset to be frozen rather than rejected and obligates the holder to file a report with OFAC. Because U.S. dollar transactions typically pass through correspondent banks located in the United States, even foreign companies with no U.S. presence may inadvertently trigger blocking or rejection obligations when using the U.S. financial system.

Licensing as a Functional Exception System

The Licensing Division operates as a neutral mechanism to balance sanctions policy objectives with humanitarian and commercial considerations. General licenses authorise broad categories of activity without the need for individual approval. Specific licenses, on the other hand, require detailed submissions and are assessed case by case. The process is both legal and policy-oriented: OFAC evaluates the proposed activity’s alignment with U.S. objectives and its potential to undermine or reinforce sanctions effectiveness. For complex transactions, licensing considerations often shape contractual structures, payment arrangements and logistical planning.

Continuous Regulatory Communication

OFAC disseminates updates through regulatory amendments, Executive Orders, press releases, public advisories, interpretive guidance and a vast catalogue of FAQs. These updates can substantially change the risk landscape for particular sectors. For example, a new advisory to the maritime industry may affect insurance, shipping, port operations and commodities trading simultaneously. Because OFAC frequently refines or expands sanctions programs, compliance is not a static exercise but an ongoing process that requires continuous monitoring.

Investigations and Penalties

If OFAC suspects that a violation has occurred, the Enforcement Division may initiate a formal inquiry. The investigation may conclude with a cautionary letter, a finding of violation without penalty, a negotiated settlement with a civil fine, or – where warranted – a referral for criminal prosecution. The size of penalties reflects not only the underlying conduct but also the strength of a company’s compliance program and its level of cooperation.

The Implications for International Companies

OFAC’s structure and internal processes give it an extraordinary reach in international commerce. Designations can be issued without warning, and they take effect immediately. Licensing decisions can determine whether a company may continue operations in a sanctioned market. Enforcement actions often carry reputational as well as financial consequences. Because OFAC continuously refines its regulatory architecture, firms must adapt quickly or risk unintentionally violating U.S. law.

Companies are affected even when they do not believe they have any exposure to the United States. A single U.S. dollar payment may be routed through a U.S. correspondent bank. A minority shareholder in a corporate structure may be listed by OFAC without the company’s knowledge. A logistics chain may involve a transshipment point that becomes restricted through a new Executive Order. Understanding how OFAC’s internal machinery works is essential for anticipating these risks and responding effectively.

How Bıçak Law Firm Assists Clients

Bıçak Law Firm advises clients across multiple jurisdictions on navigating OFAC’s structure, understanding its operational dynamics and ensuring compliance with U.S. sanctions requirements. The firm provides detailed risk assessments, reviews and designs sanctions compliance frameworks, prepares license applications, assists in internal investigations, manages voluntary self-disclosures, and supports clients during OFAC inquiries. By integrating legal analysis with an understanding of industry practice, Bıçak Law Firm helps clients maintain lawful, secure and commercially viable international business operations.