Foreign Assets Control Facilitation: Preparing for Expanded Enforcement in 2013

Identifying and Mitigating Risks for U.S. Persons and Companies Absent Clear Guidance

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, July 23, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to U.S. companies doing business internationally (and non-U.S. companies that have U.S. employees and operations) to identify OFAC facilitation risks, analyze recent enforcement actions, and outline approaches for mitigating facilitation risks.


As the Treasury Department’s Office of Foreign Assets Control (OFAC) continues its enforcement efforts, U.S. companies with a global presence must prepare to meet the compliance challenges presented by OFAC regulations. These regulations are complex, broad in scope, and difficult to navigate for many types of transactions.

Facilitation presents one of the most difficult OFAC compliance issues, placing U.S. persons and companies at increased risk for violations. These risks arise in different transactions and contexts, ranging from U.S. persons working at foreign subsidiaries to U.S. companies collaborating with non-U.S. companies.

Counsel to U.S. companies and persons must act now to identify and mitigate facilitation risks to avoid sanctions, as well as civil and criminal penalties.

Listen as our authoritative panel examines what is and isn’t considered facilitation under OFAC’s broad definition, discusses how to identify facilitation risks, analyzes lessons from recent enforcement, and offers approaches for mitigating facilitation risks.



  1. Facilitation under OFAC
    1. OFAC’s broad interpretation
    2. What is and isn’t “facilitation”
    3. What is “evasion”
  2. Identifying risks
    1. Where and how do facilitation risks commonly arise
    2. Risks posed by U.S. persons working at foreign subsidiaries
    3. Risks arising when U.S. companies and non-U.S. companies collaborate
  3. Lessons learned from recent enforcement
  4. Strategies for overcoming facilitation challenges/mitigating risks
    1. Due diligence
    2. Screening for third-party risks
    3. Managing risks with joint venture partners
    4. Recusal policies
    5. Monitoring


The panel will review these and other key questions:

  • Where do facilitation risks commonly arise?
  • What facilitation risks do U.S. companies face when collaborating with non-U.S. companies?
  • What are the key facilitation risks faced by non-U.S. companies?
  • What policies and procedures should U.S. persons and companies put in place to minimize facilitation risks?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Lichtenbaum, Greta
Greta Lichtenbaum

O'Melveny & Myers

Her practice principally relates to regulations governing international business transactions and trade. She handles...  |  Read More

Ronald I. Meltzer
Ronald I. Meltzer


He focuses on licensing, compliance and enforcement matters relating to U.S. export controls and economic sanctions. He...  |  Read More

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