Although inclusion on the OFAC sanctions list, also known as the Clinton list, is one of the strictest measures of the US Government in its fight against drug trafficking, there is a mechanism that a person or entity included in it can use to request its removal.

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According to Juan Francisco Navarrete, managing partner of the firm Navarrete Consultores, this mechanism is known as ‘delisting’ and can be used to provide evidence that demonstrates no links to drug trafficking.

According to Navarrete, the two main grounds for a removal request are that there is “an insufficient basis for the designation” (e.g., mistake, mistaken identity) or that the circumstances that motivated the designation no longer apply (e.g., the person no longer engages in the sanctioned activity or has changed their conduct).

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The expert explains that the process involves preparing a “request for reconsideration” before OFAC, with factual information, documentation, arguments, compliance, changes in conduct, etc.

However, there is no guaranteed fixed timeframe for removal, and this process can take months or even years.

“During that time, the person may negotiate special OFAC licenses for certain limited transactions, but that does not eliminate the underlying sanction.”

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Finally, Navarrete points out that in the case of a public figure or a state, removal will also depend on political and diplomatic factors, as well as compliance with the conditions that led to the sanction.