More Designations by OFAC Under the Kingpin Act

February 3, 2011

Last week, the Office of Foreign Assets Control designated 1 individual and 12 entities under the Foreign Narcotics Kingpin Designation Act (“Kingpin Act”). View the designations here.

The Kingpin Act became law on December 3, 1999. The Kingpin Act
establishes a program targeting the activities of alleged foreign narcotics traffickers and their organizations on a worldwide basis.

It provides a statutory framework for the President to impose sanctions with the objective of denying designated businesses and agents access to the U.S. financial system and the benefits of trade and transactions involving U.S. companies and individuals.

OFAC, located in Washington, D.C., is the agency responsible for imposing economic sanctions against those designated by placing them on the Specially Designated Nationals List (SDN List). Designation lasts a lifetime. Removal, if possible, takes years of litigation.

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.

Bookmark and Share


OFAC Adds Dead Man to SDN List?

January 24, 2011

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.

Bookmark and Share