DUE PROCESS CHALLENGES TO US GOVERNMENT AGENCY LIST DESIGNATIONS

On 19th April, Torres Law published a briefing about the US “Denied Party Lists” which are assembled and maintained by different government agencies, these lists contain the names of people and companies that have been ‘blacklisted’ by the US Government.  The most well-known are the “sanctions” list issued by OFAC and known as the SDN List.  The briefing says that inclusion on a Denied Party List can have adverse consequences even if the designated parties are ultimately removed from the list, as 2 recent cases involving lawsuits against OFAC involving due process concerns demonstrate.  It says that there is a process to seek removal or challenge a designation, but it is long and difficult, and rarely achieved.  Once a party is included on one of the Lists, they can begin an interagency administrative process to seek removal or appeal the designation, although success varies significantly depending on the agency.  Another way to challenge the designation is through the courts, and in some cases, parties have filed suit against the government agencies in federal court on grounds of violating their due process rights.

http://www.torrestradelaw.com/posts/Due-Process-Challenges-to-U.S.-Government-Agency-List-Designations%3A-Lessons-from-KindHearts-and-Deripska/174

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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