How delisting from a sanctions list works

What delisting means and what it does not

A delisting removes a person, entity, vessel or property from a sanctions list. OFAC says its reconsideration process is only for persons or property that appear on one of its lists ¹. A person who shares a name with a listed party is not delisted. OFAC tells such people to contact its Compliance Hotline instead ¹.

Delisting is different from an exemption. The UN Focal Point receives exemption requests for travel bans and asset freezes on the ISIL (Da'esh) and Al-Qaida and 1988 lists, and these leave the listing in place ⁴. It is different again from release from a development bank debarment. The World Bank Group can release a firm from a debarment with conditional release only after a minimum period has passed and set conditions are met ⁸.

The grounds each regime accepts

• United States: a petition must show a change in circumstances or an insufficient basis for the sanction. OFAC says proposed remedial steps alone do not establish a change in circumstances ¹.
• United Nations: the Ombudsperson first checks that a request addresses the ISIL (Da'esh) and Al-Qaida listing criteria ². The Focal Point can return requests that do not address the original designation criteria ⁴.
• European Union: when a listed party submits observations or substantial new evidence, the Council reviews its decision and informs the party ⁵.
• United Kingdom: a person can ask for revocation if they no longer meet the criteria, or for a variation where details such as a date of birth are wrong ⁶.
• Canada: under the Russia regulations, the Minister decides whether there are reasonable grounds to recommend removal to the Governor in Council ⁷.

Main routes compared

How often delisting happens

The UN Ombudsperson publishes case totals in its reports to the Security Council ³. Its report to the Security Council of 27 September 2024 covers 29 March to 26 September 2024 ³. It states that 111 petitions had been accepted since the Office opened, and that 102 cases had been fully processed through the Ombudsperson process ³. Of those, 71 delisting requests were granted and 31 were denied ³. The granted requests led to the delisting of 66 individuals and 28 entities ³. Four individuals were delisted by the Committee before the process ended, one petition was withdrawn and four cases were pending ³. The report's own totals do not all agree. It gives 108 completed cases and four pending, which make 112 against 111 accepted ³.

The OFAC petition page sets out steps and target times but gives no count of granted or denied petitions ¹. The UK guidance says exact timelines for processing a request cannot be given ⁶.

Repeat requests and court challenges

A refusal is not always final. OFAC accepts a new petition after a denial, but it must contain new arguments or evidence, or OFAC may deny it by referring to its earlier decision ¹⁰. In the UK, a further request on the same designation needs a significant matter not considered before ⁶. Canada allows a new application where there has been a material change in circumstances since the last one ⁷.

Courts form a separate route. In the UK, a person can apply to the High Court, or the Court of Session in Scotland, which applies judicial review principles ⁶. In the EU, an action for annulment must be brought within two months of publication or notification of the measure ⁹.