ARTICLE
29 August 2024

OFAC Releases Guidance On Extension Of The Statute Of Limitations For Sanctions Violations

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

OFAC extended the statute of limitations for sanctions violations from 5 to 10 years, effective for violations since April 2019. Companies should update retention policies, enhance due diligence, and strengthen compliance training.
United Kingdom International Law
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On 22 July, the Office of Foreign Assets Control (OFAC) issued guidance on extension of the statute of limitations from 5 to 10 years for violation of certain sanctions.

Up until April 2024, civil enforcement actions for sanctions violations brought by OFAC were subject to a five-year statute of limitations, which corresponded to the five-year required recordkeeping period. On 24 April 2024, the US President Joe Biden signed into law H.R. 815, the National Security Supplemental. The new law extended, from five years to ten years, the statute of limitations for civil and criminal violations of the International Emergency Economic Powers Act (IEEPA) or the Trading with the Enemy Act (TWEA).

What it means for companies?

OFAC may now commence an enforcement action for violations of TWEA and IEEPA-based sanctions prohibitions within 10 years of the latest date of violation if it happened after 24 April 2019.

What companies should do to prevent sanctions violations?

It is recommended that companies update their retention policies and procedures to reflect the change to ten years. It is also advisable for companies to have a longer "look back" period to evaluate their transactions and conduct. The due diligence efforts should be increased and compliance procedures may be modified if necessary. It is also advisable to have rigorous compliance training, covering sanctions matters.

How Gherson can help

Gherson lawyers can help you to navigate the complexity of sanctions legislation and ensure your full compliance with it. We can assist in developing your company compliance policies, including sanction policies and deliver training to your employees, both in the UK or overseas.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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