Although inclusion on the OFAC sanctions list, also known as the Clinton list, is one of the strictest measures of the North American Government in its fight against drug trafficking, There is a mechanism to which a person or entity included in it can resort to request its removal.
(Read: Trump attacked Petro after his inclusion on the Clinton List: what did he say?).
According to Juan Francisco Navarrete, managing partner of the firm Navarrete Consultores, this mechanism is known as ‘delisting and you can go to him to provide evidence that shows you have no ties to drug trafficking.
According to Navarrete, the two main bases for a removal request are that there is “an insufficient basis for designation” (for example, error, mistaken identity) or that the circumstances that motivated the designation no longer apply (for example, the person no longer carries out the sanctioned activity or has changed their behavior).
(See: The United States makes official the suspension of financial aid to Colombia).
The expert explains that the process involves preparing a “reconsideration request” before OFAC, with factual information, documentation, arguments, compliance, changes in behavior, etc.
However, There is no guaranteed fixed time frame for removal and this process can take months or even years.
“During that time, the person can negotiate special OFAC licenses for certain limited transactions, but that does not eliminate the underlying sanction.”.
(Here: Does Petro’s inclusion on the Clinton list affect trips to the US by Colombian citizens?).
Finally, Navarrete points out that in the case of a public person or a State, the removal will also depend on political and diplomatic factors and compliance with the conditions that motivated the sanction.
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