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Denver OFAC Attorney

Enter the complex world of international trade with confidence. The trusted Denver OFAC attorneys at Sequoia Legal provide comprehensive guidance on economic sanctions, export controls, and OFAC compliance to protect businesses from costly violations and ensure seamless international operations.

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Trusted OFAC Compliance Legal Services

Complying with the regulations set by the Office of Foreign Assets Control (OFAC) isn't just about following rules — it's about enabling your business to thrive in the international marketplace while maintaining the highest standards of legal diligence.

Our Denver-based OFAC lawyers help mid-sized companies navigate the intricate web of economic sanctions, export controls, and regulatory requirements that govern international trade.

Whether you serve a growing company looking to expand into new markets, a manufacturer dealing with complex supply chains, or a technology firm facing high-tech export restrictions, we can provide the strategic legal counsel you need to proceed with confidence.

Our approach combines deep regulatory knowledge with practical business solutions, ensuring that compliance enhances rather than hinders your international operations.

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OFAC Services Tailored to Your Needs

OFAC compliance isn't a one-size-fits-all proposition. Every business has unique operations, supply chains, and risk profiles that call for custom compliance strategies. Our Denver OFAC attorneys will work closely with your team to develop comprehensive compliance programs that address your specific operational needs while ensuring full regulatory adherence.

  • Implement robust screening procedures for customers, vendors, and partners against OFAC's SDN list and other restricted party lists to minimize your risk of sanctions violations. We can help you develop a comprehensive compliance program that safeguards your business.

  • Untangle the complexities of EAR and ITAR regulations for dual-use technologies and controlled goods. With our dependable legal guidance, you can ensure compliance and avoid costly penalties.

  • Make informed decisions about operating in or expanding to sanctioned countries. Our team can assist you in assessing risks and formulating strong compliance strategies.

  • We can streamline the OFAC license application process for transactions otherwise prohibited under sanctions regulations, increasing your chances of approval.

  • Get help creating tailored compliance policies and procedures that meet key regulatory requirements while supporting efficient business operations. We can build a program that works for your business.

  • Equip your staff with the knowledge of how to identify red flags, prioritize compliance, and follow proper escalation procedures. Comprehensive training serves to minimize risk and foster a culture of transparency.

  • A top-down legal review of complex international transactions can verify your compliance with applicable sanctions and export control regulations, allowing your endeavors to proceed with confidence.

  • Our attorneys can offer strategic counsel on when and how to make voluntary disclosures to OFAC regarding potential violations, thereby minimizing potential penalties. Mitigate your risk and avoid damaging consequences.

Our Track Record of Success

Types of OFAC Violations

Failure to comply with OFAC regulations can result in severe civil and criminal penalties. Understanding common violations is therefore crucial for proactive risk mitigation.

Here are some key areas where businesses often fall short:

Transactions with Sanctioned Entities

This common violation involves knowingly or unknowingly engaging in business transactions with individuals or entities on OFAC's Specially Designated Nationals list or other restricted party lists. This may include sales, purchases, investments, or other forms of financial or commercial dealings. Penalties can range from significant fines to complete business disruption.

Providing Services to Sanctioned Entities

This infraction concerns the offering of services like transportation, insurance, or consulting to sanctioned entities. Even seemingly minor acts of assistance can trigger stiff penalties.

Violations Related to Blocked Property

OFAC regulations prohibit the handling or transfer of property belonging to sanctioned individuals or entities. This includes financial transactions and physical assets.

Insufficient Due Diligence

Failing to conduct appropriate due diligence when engaging in international business activities can result in violations, even if the offending business wasn't aware of the sanctioned connection. Not adequately screening business partners and customers is a frequent issue.

Export Control Violations

Exporting controlled goods or technologies to sanctioned countries or entities without the necessary licenses is a serious offense. The consequences for violating these regulations are particularly severe.

False or Misleading Information

Providing false or misleading information to OFAC during official investigations or license applications is another serious offense that can lead to major penalties, including steep fines.

Lack of a Comprehensive Compliance Program

Failure to implement a robust OFAC compliance program can result in penalties even if no specific transaction is deemed illegal. The agency expects companies to take proper preventive measures to ensure compliance.

Lack of a Comprehensive Compliance Program

Recent OFAC Updates: Staying Ahead of the Curve

OFAC regulations are constantly evolving, which means business leaders must stay informed about the latest changes. Staying current is vital for maintaining compliance and avoiding penalties.

While we can’t provide an exhaustive list of updates, as the information changes frequently, here are some key areas to watch and aspects of OFAC updates we typically address:

New Sanctions Designations

OFAC regularly adds individuals, entities, and countries to its sanctions lists. Being aware of these additions is imperative. We monitor these changes daily to keep our clients well-informed.

Updated Guidance and Interpretations

The agency periodically issues new guidance and interpretations of existing regulations, which can impact existing compliance programs. Our team carefully analyzes these updates to adjust our client strategies appropriately.

Changes to Licensing Procedures

The process of obtaining OFAC licenses can change over time. Staying abreast of these changes is essential for companies that require licenses to engage with sanctioned entities or for specific transactions. We can guide you through this complex process without confusion or friction.

Increased Enforcement Activity

OFAC's enforcement activity can increase following various initiatives, events, and developments, with greater penalties for non-compliance. Understanding the trends in enforcement can help business leaders prepare for potential heightened scrutiny.

Expansion of Sanctions Programs

The scope of sanctions programs can expand to cover new areas or include additional entities. Understanding what these changes mean for your company is critical.

Is Your Business OFAC Compliant?

Sequoia Legal makes complex international regulations simple. Our knowledgeable Denver attorneys can offer clear, actionable guidance that keeps your business covered and enables international growth.

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Sequoia Legal: Customized Solutions for Diverse Industries

OFAC compliance requirements vary significantly across industries, and our Denver attorneys possess specialized knowledge to serve businesses across multiple sectors. We understand the unique challenges facing different types of companies and provide industry-specific guidance that addresses real-world operational concerns.

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Minimize OFAC Risk: Strategic Compliance for Your International Business

Our comprehensive approach to OFAC compliance delivers measurable benefits that extend far beyond regulatory adherence. When you work with Sequoia Legal, you don’t just get legal advice — you gain a strategic partner committed to supporting your international business success.

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    Risk Mitigation

    Our proactive compliance strategies identify and address potential violations before they occur, protecting businesses from substantial civil and criminal penalties that can reach millions of dollars.

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    Operational Efficiency

    Well-designed compliance programs streamline international operations by providing clear procedures and decision-making frameworks for company leaders and their teams.

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    Cost-Effective Solutions

    Our practical approach focuses on compliance solutions that make business sense, avoiding unnecessarily complex or expensive measures that don't add real value.

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The Faces Behind Your Success: Our Legal Team

  • Founding Partner

    Andrew advises foreign and domestic companies, organizations, and entrepreneurs on a broad range of corporate and international regulatory and transactional issues.

  • Partner

    Hunter focuses on general corporate matters, healthcare compliance, international trade laws, and anti-kickback regulations.

  • Brian Fonville

    Of Counsel

    Brian Fonville

    With experience as a transactional lawyer in finance and corporate matters in New York City, Brian boasts great experience in cross-border commercial transactions, software licenses, and investment funds.

  • Of Counsel

    Laura A. Lopez

    With experience both as a Litigator at Davis Polk & Wardwell and as General Counsel of a private global merchant advisory and investment firm, Laura provides advice on a wide range of issues impacting businesses including dispute resolution.

  • Associate

    Christina is a recent graduate of the University of Denver Sturm College of Law, where she received the Irving P. Andrews Award for Outstanding Law Graduate as well as the Student Leadership award.

  • Josh Wallenstein

    Of Counsel

    Josh Wallenstein

    Managing Member of the Wallenstein Law Group, Josh offers no-nonsense solutions to a variety of compliance and risk management issues.

  • Of Counsel

    Being a corporate and transactional attorney, Nick's focus is in mergers & acquisitions, guiding clients through all deal phases. He also covers business formation, governance, and diverse contract drafting, serving clients nationally and internationally.

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Don't Let Compliance Issues Stall Your Business Growth

The Denver business lawyers at Sequoia Legal provide trustworthy OFAC guidance that prevents violations and enables fluid international expansion. Explore cost-effective solutions for your growing business.

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Your OFAC Questions Answered

  • OFAC compliance is paramount for businesses engaging in international trade and finance for several critical reasons, including the following:

    Severe Penalties

    Non-compliance can lead to significant civil and criminal penalties, including substantial monetary fines, asset seizures, and even criminal prosecution. These penalties are often determined based on factors like the severity of the violation, the company’s knowledge or intent, and the amount of money involved in the transaction.

    Reputational Damage

    An OFAC violation can do lasting damage to a company's reputation, eroding trust with clients, investors, and business partners. This kind of harm can be difficult to overcome and could potentially impact future business opportunities.

    Operational Disruption

    An OFAC violation can disrupt your company's operations, leading to delays, blocked transactions, and restrictions on international activities. Such disruption could affect your supply chain, ability to conduct business with international partners, and overall financial performance.

    Legal and Regulatory Scrutiny

    Violations may trigger investigations by OFAC and other regulatory agencies, necessitating extensive legal fees and the diversion of resources away from core business activities. Moreover, investigations can be lengthy and disruptive to a company's operations.

    Loss of Business Opportunities

    A history of OFAC violations can make it more difficult to obtain financing, contracts, or business licenses, limiting future growth opportunities.

    International Business Restrictions

    A major violation could lead to restrictions on your ability to conduct international business, including the blocking of assets and accounts, making it a challenge to operate in the global market.

    In short, OFAC compliance isn't simply a regulatory obligation — it's a strategic imperative for protecting your company's financial stability, reputation, and long-term viability in the international market.

  • Even unintentional violations can have undesirable consequences. However, the agency’s response to an inadvertent infraction will differ from that of a willful one. Here's how the situation typically unfolds:

    • Discovery: The violation may be discovered through internal audits or customer due diligence procedures, or by OFAC itself during an investigation.
    • Assessment: Your company must thoroughly assess the nature and extent of the violation to determine its severity and potential impact.
    • Investigation: Conducting a thorough internal investigation is crucial for determining the facts, identifying contributing factors, and analyzing the potential for future violations.
    • Legal aid: Seeking legal counsel from a firm experienced in OFAC compliance is essential. A lawyer can represent your interests in any potential interactions with OFAC.
    • Voluntary self-disclosure (VSD): Making a voluntary self-disclosure to OFAC can show that you’re taking responsibility and cooperating with the authorities.
    • Potential penalties: Specific penalties will depend on the nature of the violation, the degree of willfulness, and the amount of money involved, among other factors.
    • Remediation: Following any penalties or remediation steps (as outlined by OFAC), your company needs to implement measures to prevent future violations.
  • Taking proactive measures is key to steering clear of OFAC violations. A multi-faceted strategy will include the following steps:

    Develop a Comprehensive Compliance Program

    Your program should include policies and procedures for screening customers, vendors, and business partners; transaction monitoring; employee training; and record-keeping. It’s essential to tailor your program to your company’s specific operations and risk profile.

    Implement Robust Screening Procedures

    Use OFAC's SDN list and other restricted party lists to screen all customers, vendors, and business partners before initiating transactions. Regularly update your screening process to ensure that it covers the most recent sanctions designations. Consider using third-party screening tools.

    Conduct Thorough Due Diligence

    Don't rely solely on automated screening. Conduct thorough due diligence on high-risk transactions and business relationships, considering background checks, reputational information, and other relevant factors.

    Train Your Employees

    Provide comprehensive training to your employees on OFAC regulations and compliance procedures. Make sure all employees involved in international business transactions understand their responsibilities. Regular refresher training is also crucial.

    Maintain Accurate Records

    Keep detailed records of all international transactions, including due diligence checks, sanctions screening results, and any communications with OFAC. This documentation will be highly valuable in case of an audit or investigation.

    Stay Informed About Recent Updates

    OFAC regulations are constantly evolving. Stay informed about the latest updates, guidance, and interpretations of regulations by monitoring OFAC’s website, subscribing to legal updates, and retaining legal counsel experienced in government compliance.

    Seek Legal Counsel

    Hire a qualified attorney with experience in OFAC compliance. Your legal professional can help you navigate complex regulatory requirements and represent your company in the event of an audit or investigation.

    By implementing these measures, your business can significantly reduce the risk of OFAC violations and maintain a strong compliance posture. Remember, prevention is far simpler and more cost-effective than remediation.

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