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OFAC Issues New FAQs for Shippers on Blocked or Rejected Packages

The Office of Foreign Assets Control has released new frequently asked questions and answers regarding packages that are blocked or rejected pursuant to OFAC regulations.

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2 FAQs on Packages Returned, Blocked Due to OFAC Sanctions

OFAC has added the following FAQs:

  1. I tried to ship a package and it was returned to me “due to OFAC sanctions.” Why?
  2. I tried to ship a package and it was “blocked” by the shipping company “due to OFAC sanctions.” Why? And how can I get the package unblocked?

Returned Packages May Have Violated Regs on Shipping to Iran, Sudan, Cuba

With regard to packages returned due to OFAC sanctions, OFAC states that there may have been one or more reasons the package was rejected. For example, it may have been:

  • destined for Iran, Sudan or Cuba and lacking a description of the contents;
  • an unlicensed commercial shipment destined for Iran, Sudan or Cuba;
  • a personal gift destined for an individual in Iran or Sudan, with a stated value exceeding $100.

OFAC states that these are legitimate reasons for shipping companies to refuse to process such packages. Not only could you be liable for attempting to send such packages, but the shipping companies also could be liable for their role in processing them.

(See OFAC’s country brochures for more information on the restrictions on shipping goods to Iran, Sudan and Cuba.)

Shipping Companies Required to Block Packages Involving Blocked Persons

With regard to packages "blocked " by shipping companies, OFAC states that shipping companies are required to “block” packages in which a Specially Designated National (SDN) or other blocked person has an interest. When a package is required to be “blocked,” the shipper must retain the package rather than reject and return it to the sender.

Blocking is not required if a general or specific license from OFAC authorizes the shipper to reject or process the package, or if the transaction is otherwise exempt based on the type of contents. Shippers may request a license for the package’s release, send a letter with a detailed description of the package’s contents and an explanation of the parties involved in the transaction, along with a copy of the package’s air waybill or Customs Declaration and Dispatch form, to OFAC.

(Posted 02/07/11)