OFAC Compliance for the Financial Industry | Visual OFAC (2024)

The banking, credit union and money business sectors have always been subject to particularly close scrutiny and restrictive regulation for anti-money laundering, anti-bribery (i.e., FCPA and PEP compliance) and other practices. However since the financial crisis, and in some measure in response to popular outcries, OFAC compliance for the financial industry has never been more important, for the government has increased the pressure with more regulations, more civil and criminal penalties, and an increasing number of public investigations and settlements.

With revenues down, and demands for increased compliance up, balancing compliance and due diligence obligations with market realities has become increasingly difficult, especially for institutions without a rock solid OFAC screening program in place.

OFAC compliance for financial institutions are required to monitor all transactions executed by or via them to identify those that involve any entity subject to OFAC sanctions. According to the requirements of federal statutes and specific sanctions, in most cases, deposits and funds should be accepted then ‘blocked’ or ‘frozen’ to ensure funds cannot be withdrawn. In some instances transactions must instead be rejected.

Regulations also require screening of customer databases against the frequently updated OFAC list for potential matches to terrorists, drug traffickers and other sanctioned entities.

Transactions that are Subject to OFAC

All of the following types of financial transactions should be reviewed for OFAC compliance:

  • Deposit (checking & savings) accounts
  • Loans
  • Credit Cards
  • Wire transfers
  • ACH transfers
  • Lines of credit
  • Trust accounts
  • Loan payments
  • Letters of credit
  • Currency exchanges
  • Safety deposit boxes
  • Depositing or cashing checks
  • Guarantors and collateral owners
  • Money orders or cashier’s checks

OFAC compliance for the financial industry means that in addition to the above, the names of all persons in a transaction should be verified against the list of individuals, entities, and the geographical locations identified by OFAC:

  • Beneficiaries
  • Collateral Owners
  • Guarantors / Cosigners
  • Receiving Parties
  • Sending Parties
OFAC Compliance for the Financial Industry | Visual OFAC (2024)

FAQs

What is OFAC compliance? ›

Effective OFAC compliance programs generally include internal controls, including policies and procedures, in order to identify, interdict, escalate, report (as appropriate), and keep records pertaining to activity that is prohibited by the sanctions programs administered by OFAC.

What are the 5 essentials of OFAC? ›

OFAC states that a sanctions compliance program should be based on five essential elements:
  • Management commitment.
  • Risk assessment.
  • Internal controls.
  • Testing and auditing.
  • Training.

Does OFAC apply to all financial institutions? ›

No. There is no single compliance program suitable for every financial institution. OFAC is not itself a bank regulator; its basic requirement is that financial institutions not violate the laws that it administers.

What is the AML OFAC compliance program? ›

These programs target individuals, organizations, and governments that engage in activities that threaten U.S. interests, including terrorism, human rights abuses, narcotics trafficking, and weapons proliferation. AML compliance software aims to detect suspicious activities and stop these crimes.

Who is required to run OFAC checks? ›

All U.S. persons must comply with OFAC sanctions, including all U.S. citizens and permanent residents regardless of where they are located, all individuals and entities within the United States, and all U.S. incorporated entities and their foreign branches.

What is OFAC for dummies? ›

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions against targeted foreign jurisdictions and regimes, as well as individuals and entities engaging in harmful activity, such as terrorists, international narcotics traffickers, weapons of ...

What needs to be reported to OFAC? ›

In addition to reporting blocked property or funds, financial institutions must also report rejected transactions: “Any financial institution that rejects a funds transfer where the funds are not blocked under the provisions of this chapter, but where processing the transfer would nonetheless violate, or facilitate an ...

Is OFAC mandatory? ›

All U.S. persons, 150All U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches.

What is the primary purpose of OFAC? ›

The Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities ...

What are the red flags for a potential OFAC violation? ›

Red flags may arise relating to geographic areas or the nesting of third-party assets. Monitoring accounts to detect unusual or suspicious activity – for example, unexplained significant changes in the value, volume, and types of assets within an account.

What is an OFAC list in banking? ›

As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific.

What services are subject to OFAC? ›

Transactions that are Subject to OFAC
  • Deposit (checking & savings) accounts.
  • Loans.
  • Credit Cards.
  • Wire transfers.
  • ACH transfers.
  • Lines of credit.
  • Trust accounts.
  • Loan payments.

What are the 5 components of OFAC? ›

The framework strongly encourages organizations to develop, implement and routinely update a Sanctions Compliance Program that includes five (5) essential components: management commitment, risk assessment, internal controls, testing and auditing and training.

How does OFAC investigate? ›

It all depends on the transaction being investigated. The evidence could be bank records, shipping records, insurance records, or communications between particular people such as copies of emails, letters, purchase orders and other similar items.

How do I find out if someone is on the OFAC list? ›

OFAC's Sanctions List Search tool employs fuzzy logic on its name search field to look for potential matches on the Specially Designated Nationals (SDN) List and on its Non-SDN Consolidated Sanctions List.

What does it mean if you are on the OFAC list? ›

Answer. As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific.

What does it mean to be blocked by OFAC? ›

Answer. "Blocking" refers to freezing assets or other property. Blocking immediately imposes an across-the-board prohibition against transfers or dealings of any kind with regard to the property.

What is an OFAC warning? ›

What is an OFAC Alert? OFAC Screen is a service that alerts the user that a consumer's personal information possibly matches a subject on a list of individuals and entities that are prohibited by the U.S. Treasury from doing business in or with the United States.

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