OFAC Adds Dead Man to SDN List?

The Office of Foreign Assets Control, located in Washington, D.C., has the power to place individuals and companies on the Specially Designated Nationals and Blocked Persons List. Once placement on the SDN List occurs, the assets of the individual or company are blocked, or “frozen.” Further, U.S. persons are prohibited from engaging in any trade or financial transaction with those on the SDN List.

Last Thursday, OFAC added Qari Hussain (also known as Qari Hussain Mehsud) to the SDN List. However, according to this report, Hussain was killed by a U.S. drone in North Waziristan on October 4, 2010.

In the past, it was mistakenly reported that Hussain was killed, but Hussain made sure to call the local media and publicize that he was still alive. Since October of last year, no efforts have been made to counter the reports of his death.

The evidence of Hussain’s death is reasonable, so why would OFAC place him on the SDN List? This is just another instance of OFAC acting without investigating the facts. Hussain’s untimely designation on the SDN List demonstrates the inefficient practices of OFAC and conveys the fact that OFAC takes an all or nothing approach in their designations.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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