Justia Connect Webinars Pre-Designation Requests: The Easiest Way To Stay off the OFAC List

Pre-Designation Requests: The Easiest Way To Stay off the OFAC List

This webinar will cover the mitigation of sanctions risk by undertaking proactive action to prevent a sanctions designation before it happens. While parties are quite adept at identifying sanctions risk and avoiding it or minimizing it, non-U.S. persons are often not as skilled in communicating such elimination or reduction of sanctions risk. This webinar will discuss both public facing actions that can be taken to reduce the likelihood of sanctions investigations, and how to communicate with U.S. federal agencies to prevent a sanctions designation.

Topics covered include:

Business Law Banking & Finance

Agenda:

Introduction

Identifies the consequences of being sanctioned and introduces the concept of pre-designation requests as an emerging frontier in sanctions practice

Legal Landscape

OFAC's designation authority and immediate consequences
Traditional post-designation remedies (31 CFR 501.807)
Administrative Procedure Act framework

Making the Request

When to submit (recognizing designation signals)
Form and content (legal memo, facts, evidence, remedial measures)
Key legal arguments (APA, error, changed circumstances)
Timing and delivery methods

Procedural & Strategic Considerations

OFAC's internal processes
Alternatives like requesting meetings
Balancing transparency vs. privilege
Litigation options under the APA
Coordination with other jurisdictions

Case Studies & Practice Tips

Analysis of when pre-designation engagement has worked
Analysis of when pre-designation engagement has failed
Public facing remediation

Conclusion and Q&A

Duration of this webinar: 60 minutes

Originally broadcast: March 3, 2026 11:00 AM PT

Recording Available Soon

Speaker

Erich Ferrari Managing Shareholder
Ferrari & Associates

As the Founder and Managing Shareholder of Ferrari & Associates, Mr. Ferrari represents U.S. and foreign corporations, financial institutions, exporters, insurers, as well as private individuals in trade compliance, regulatory licensing matters, and federal investigations and prosecutions. He frequently represents clients before the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), the United States Department of Commerce’s Bureau of Industry and Security (BIS), and in federal courts around the country. With over 17 years of experience in national security law, exports control, and U.S. economic sanctions, he counsels across industry sectors representing parties in a wide range of matters from ensuring compliance to defending against federal prosecutions and pursuing federal appeals. Read More ›