Why Delist from OFAC Blocked List? Financial institutions listed in Designated Block List of US department of Treasury, OFAC List may potentially be charged with Conspiracy as they have facilitated prohibited acts or criminal actions threatening US security.

US Flag Gavel
Conspiracy happens when two or more individuals make an agreement to commit a crime and intend to follow through. To be charged with conspiracy, the criminal act need not have actually taken place, there must have just been steps taken toward its completion.
A conspirator may be charged for the same crimes as main perpetrator has committed. This is the reason why those that help and abate governments who violate human rights or US sanction laws in any form, such as financially may also be charged with the same crimes as their government has been.
For example the Department of Treasury just updated their list of “designated Blocked Persons”. Among those name listed you will find Iranian Supreme or Iranian foreign minister ( Mohammad Javad Zarif) who has been added to the list as of 12:30 PM, Pacific Time July of 31th, 2019. The foreign minister was present in NY at the time he has been entered to the list. His movements throughout the city has been limited to routs taken to commute into and out of his hotel and United Nations Building.
For an Updated list of specially designated nationals (OFAC), you may search the website of US Department of treasury.
At the same time, and depending on his type of involvement , a financial supporter or a banking institute may help a government to fund humanitarian needs such as medicine, food, etc. 
Iranian government has for years tried to create highly sophisticated financial loopholes to survive US sanctions. 
That is why , our office receives a call from a financial institution located in countries other than Iran and they are in designated list with high alerts.
Some pseudo militia groups and even some governments affiliated agencies, contractors, whether officially related or not may commit crimes that are defined by US laws as crimes against US Properties, for example :Aircraft Piracy and Related Offenses (49 U.S.C. §§ 46501-07): which is a federal crime to seize any aircraft when it is within the United States’ jurisdiction. It is also illegal to interfere with members of the aircraft’s crew, to carry concealed weapons or explosives of any kind onto an aircraft, or to commit violent crimes such as homicide, robbery, or manslaughter while on an aircraft. All military and civilian aircrafts that belong to the United States’ or its citizens are under the U.S.’ jurisdiction anywhere in the world while they are in flight.
Or they may commit Crimes Against Immediate Family of All Federal Officials (18 U.S.C. § 115)
“(1)Whoever
(A) assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title; or 
(B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b). (2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished.
This includes “United States official” which means the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. 101, or the Director of the Central Intelligence Agency.”
Among other crimes against US may be Murder-for-hire. Jihadists, their helpers and financiers may be conspirators to Murder-for-Hire (18 U.S.C. § 1958), which is defined as:
“Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both.”
Hostage taking is another familiar situation which may happen on or about US embassies, consulates or even a simple culture group associated with America in foreign land.
Hostage Taking (18 U.S.C. § 1203):
“in 1984, Congress enacted the hostage taking statute to implement the International Convention Against the Taking of Hostages. The statute became effective on January 6, 1985. Hostage taking is defined as the seizing or detention of an individual coupled with a threat to kill, injure or continue to detain such individual in order to compel a third person or governmental organization to take some action. The United States has jurisdiction over the taking of hostages outside the United States (a) if the perpetrator or a hostage is a United States national, (b) if the perpetrator is found in the United States regardless of his nationality, or (c) if the United States is the Government coerced by the hostage taker. See JM 9-60.700, et seq.”
Among other crimes that a financial institution abroad may be charged with is terrorism against United States Citizens who are present abroad :
Terrorist Acts Abroad Against United States Nationals (18 U.S.C. § 2332)
“On August 28, 1986, the President signed Public Law No. 99-399, the Omnibus Diplomatic Security and Anti-terrorism Act of 1986. Section 1202 of the Act created a new section 2331 of Title 18, U.S.C., (now codified as 18 U.S.C. § 2332) which makes it a Federal crime for a terrorist overseas to kill a United States national, attempt to murder a United States national, conspire to murder a United States national, or to engage in physical violence with the intent to cause serious bodily injury to a United States national or with the result that serious bodily injury is caused to a United States national. Prosecution for any offense under § 2332 requires the written certification of the Attorney General, or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions, that, in the judgment of that official, the offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.”
One may think with the laws that have been enacted by the US, anyone can be persecuted. Or any financial institution that has even had minor dealing with nationals of the government that is acting adverse to the United States benefits may cause implications.
The truth of the matter is YES, the laws potentially covers many areas and may insert jurisdictions throughout the globe. However the laws have not always been practiced unfairly or there is not always the involvement of abuse of discretion. 
Abuse of discretion is not widely used by US Government agencies. Therefore there is always room for defense, especially when a financial institution hires a good attorney that would help to clarify facts and allows US government to delist the name of the institution from “designated Blocked List” or hires a good criminal defense attorney, familiarized with the subject and specialized in the field to help defense of financial international crime or conspiracy charges and establish that the financial institutions are indeed innocent or they have unknowingly committed an act which is incidental to reasonable practice which has brought them results they didn’t intend.
The US agencies have broad discretion is persecution of financial institution, one of the charges that may be brought against them as conspirators are under the law that protect US beyond the US boundaries. And that is :
Terrorism Transcending National Boundaries (18 U.S.C. § 2332b).
“Section 2332b of Title 18, U.S.C., effective April 24, 1996, was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, § 702, 110 Stat. 1214, 1291. Section 2332b is intended to reach violent international terrorist activity that takes place within the United States where at least a part of that activity also occurs outside the United States.
The violent conduct can be targeted against persons or property within the United States. The statute covers such conduct when it violates either Federal or state law. It sets forth a wide spectrum of bases to assert Federal jurisdiction. It provides for consecutive punishment in addition to any other Federal offense that was committed. Subsection § 2332b(e) also gives the Attorney General (i.e., the Federal Bureau of Investigation (FBI)) primary investigative authority for all “Federal crimes of terrorism” as that term is defined in § 2332b(f).”
The financial institutions are a means or a media for financial supports of a group or a company that may work as a peaceful legitimate business but in reality they advance prohibited goals. Therefore financial institutions may be perceived as conspirators under 18 USC § 2339A which states as follow:
Providing Material Support to Terrorists (18 U.S.C. § 2339A)
“The Antiterrorism and Effective Death Penalty Act of 1996 amended 18 U.S.C. § 2339A to expand its list of terrorist type offenses. See Pub. L. 104-132, § 323, 110 Stat. 1214, 1255. Section 2339A, originally enacted on September 13, 1994, is primarily a statute aimed at reaching those persons who provide material support to terrorists knowing that such support will be used to commit one of the offenses specified in the statute. (The offenses specified in the statute are: 18 U.S.C. §§ 32, 37, 81, 175, 351, 831, 842(m) or 
(n), 844(f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A and 49 U.S.C. § 46502.) The section requires only that the supplier of the material support have knowledge of its intended use. Section 2339A, unlike the aiding and abetting statute (18 U.S.C. § 2), does not require that the supplier also have whatever specific intent the perpetrator of the actual terrorist act must have to commit one of the specified offenses. The 1996 amendment also eliminated former subsection 2339A(c) which had imposed unworkable investigative restrictions upon the statute’s utilization.”
The high level alert of an individual or financial institutions listed in designated blocked list might be due to the foreign governments involvement of the weapons that are rigorously dangerous to the survival of human race. Under the following law, any financial agency that helps to advance a government or group that is involved maybe charged with conspiracy.
Use of Biological, Nuclear, Chemical or Other Weapons of Mass Destruction (18 U.S.C. § § 175, 831, 2332c, 2332a).
“In recent years, terrorists have used in increasing numbers weapons of mass destruction against civilian populations and non-combatant military personnel. Examples of such terrorist activities include: the 1993 bombing of the World Trade Center in New York City; the 1995 bombing of the Federal building in Oklahoma City; the 1995 attacks against the Tokyo subway system with poison gas; and the 1996 bombing of United States military housing in Saudi Arabia.
Over the past decade, Congress has enacted a number of statutes that provide criminal jurisdiction over the use of biological (§ 175), chemical (§ 2332c), nuclear (§ 831), and other weapons of mass destruction (§ 2332a). All of these statutes cover the use and threatened use of such weapons of mass destruction committed within the United States. In addition, there is extraterritorial jurisdiction whenever the perpetrator of the offense is a national of the United States, or a United States national, including property of the United States Government in most instances, is a victim of the offense.”
And last but not lease, a financial institution maybe enlisted as high alert institution for violation of human rights, just because they have directly or remotely financed some investments of the government or group that are guilty of such allegations. The convention against torture by United Nations High Commissioner and United States laws stringently prohibits torture and defines as followed.
Torture (18 U.S.C. § 2340A)
“Section 2340A of Title 18, United States Code, prohibits torture committed by public officials under color of law against persons within the public official’s custody or control. Torture is defined to include acts specifically intended to inflict severe physical or mental pain or suffering. (It does not include such pain or suffering incidental to lawful sanctions.) The statute applies only to acts of torture committed outside the United States. There is Federal extraterritorial jurisdiction over such acts whenever the perpetrator is a national of the United States or the alleged offender is found within the United States, irrespective of the nationality of the victim or the alleged offender.”
If you are enlisted in the designated block list of OFAC , department of treasury , you are highly advised to discuss your terms of delisting with an OFAC lawyer.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

Email: kennedycounsel@gmail.com
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Published by kennedylawblog

Lawyer in California, USA Fluent in American English & Persian (Farsi); Speaks Azeri (Turkish)

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Ramona Kennedy (Attorney) received her Jurisprudence Doctorate(Doctorate in law) in America. Ramona Kennedy is a licensed Attorney in California (USA) and a member of the American Immigration Lawyers Association (AILA). Ms. Kennedy's areas of practice are US Immigration law, US federal Laws and California State Laws. This is an immigration law blog. It is not intended to be used as legal advise. For further information please contact the law offices of Attorney Ramona Kennedy.

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