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Freedom251 › Blog › 50 Percent Rule

What U.S. Sanctions Restrictions Mean for Businesses and Financial Institutions

By Freedom251 Team · · 5 min read

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U.S. sanctions can require a business or financial institution to stop a transaction, freeze property, or reject a transaction without freezing it. Which response applies depends on the sanctions program, the people and entities involved, any ownership interests, the property and payment route, and whether an exemption or license covers the activity. Screening a name is an important check, but it does not by itself settle the legal question.

What U.S. sanctions restrictions can prohibit

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers sanctions programs. Depending on the program, restrictions may prohibit transactions with blocked persons or dealings in property in which they have an interest. Some programs also restrict particular jurisdictions, sectors, or activities. The details differ by program, so a general summary cannot determine whether a specific shipment, service, payment, or contract is permitted.

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The parties and their ownership, the goods or services, the property involved, the payment route, and any relevant U.S. person or U.S.-controlled connection can all matter under the applicable rule. OFAC maintains separate program materials and compliance guidance; identify the relevant program and check its current regulations rather than assuming one program’s rules apply to another.

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What to check before acting on a transaction

  1. Map the transaction. Identify the parties, beneficial owners, relevant property, goods or services, payment route, and any U.S. person or U.S.-controlled connection relevant under the rule.
  2. Screen and investigate. Check relevant names against current sanctions list information, then investigate potential matches using your organization’s established procedures. A similar name is not, on its own, a final determination. OFAC advises organizations to follow their sanctions compliance policies and procedures when investigating potential matches.
  3. Identify the applicable program. Check the program’s regulations, any applicable exemptions, and whether a general or specific license authorizes the activity. Do not assume that a license for one program or activity covers another.
  4. Choose the required response. Determine whether the rule requires blocking property, rejecting a prohibited transaction that does not involve property to be blocked, or permits the transaction under an exemption or license. Do not release, transfer, or continue processing property that must be blocked.
  5. Report and keep records. If property is blocked, follow the applicable reporting requirements and maintain records. OFAC FAQ 9, updated August 21, 2024, says blocked property must be reported within 10 business days of becoming blocked. Check current regulations and reporting procedures for the case.

What does it mean when a transaction is blocked?

Blocking means freezing property, not seizing it. Under OFAC’s description in FAQ 9, title remains with the blocked person, but the holder cannot transfer or otherwise deal in the property or exercise the usual rights of ownership without OFAC authorization. A financial institution or other person holding or controlling covered property must keep it blocked as required by the applicable rule.

That distinction matters operationally: do not return, forward, release, or otherwise make blocked property available unless authorized. The obligation to freeze is tied to a blocked person’s interest in property and the applicable program, not merely to the fact that a transaction raised a screening alert.

What is the difference between blocked and rejected?

Blocking and rejection are different outcomes. Blocking is required when the applicable sanctions rule requires property in which a blocked person has an interest to be frozen. A transaction may instead be prohibited but have no blockable interest; in that case it may need to be rejected so it does not proceed. The exact treatment depends on the relevant program’s regulations, including any exemption or license.

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Question Blocking Rejecting
Is there property in which a blocked person has an interest that the rule requires to be frozen? If so, block the property as required by the applicable program. Rejection may be appropriate when no property interest requires blocking.
Is the transaction otherwise prohibited? A prohibition involving blockable property can require blocking rather than processing the transaction. A prohibited transaction without a blockable interest may need to be rejected rather than processed.
Could an exemption or license permit it? Check the program and authorization before deciding whether to block. Check the program and authorization before deciding whether to reject.

This comparison is a decision aid, not a universal rule for every sanctions program. OFAC’s compliance guidance directs organizations to check exemptions and licenses and then determine whether the required response is blocking or rejection.

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Can an unlisted company be blocked under the 50 Percent Rule?

Yes. Under OFAC’s 50 Percent Rule, an entity is considered blocked if one or more blocked persons own, directly or indirectly, 50 percent or more of it in aggregate—even if the entity itself is not named on the Specially Designated Nationals and Blocked Persons (SDN) List. OFAC FAQ materials describe this threshold; check current ownership information and the applicable program before deciding how to treat a transaction.

A blocked owner with less than a 50 percent interest does not necessarily make the whole company blocked under the 50 Percent Rule. But property in which that blocked person has an interest must still be blocked, and payments or distributions to that person are prohibited absent authorization. Do not treat every minority ownership stake as automatically blocking the entire company, or assume it is irrelevant.

Why intermediary banks may have sanctions obligations

A financial institution’s role in the payment chain does not by itself remove the sanctions issue. OFAC FAQ materials address wire transfers involving an entity blocked by ownership: a wire can involve blocked property where the entity is 50 percent or more owned by blocked persons, even if a U.S. bank is only an intermediary and has no direct relationship with that entity. Payment screening and investigation therefore may need to consider ownership and the property interest, not just the bank’s customer or the names shown in a wire message.

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How general and specific licenses differ

A license can authorize activity that would otherwise be prohibited, but it only covers what its terms permit. OFAC FAQ 7, updated August 21, 2024, describes general licenses as authorizing certain transactions that would otherwise be prohibited under a particular sanctions program.

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  • General license: A published authorization that can be relied on only if the transaction meets its stated conditions. It is self-executing within those conditions; it does not authorize activity outside them.
  • Specific license: An authorization that may be requested from OFAC for otherwise prohibited activity. OFAC evaluates applications case by case. Applying is not permission to proceed; authorization must be granted before relying on it.

Before processing, verify that the authorization applies to the relevant program, parties, property, and activity, and follow any conditions it sets.

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What should I do if my bank blocks my funds?

OFAC says it does not itself seize or hold blocked funds; financial institutions block or freeze covered funds in their possession or control. If you believe funds have been blocked, contact the financial institution first to ask it to confirm the basis. Blocked funds cannot be released without OFAC authorization. A person may consider applying for a specific license through OFAC’s process, but should not treat an application as permission to access the funds.

When a general explanation is not enough

Sanctions programs, designations, regulations, and licenses can change. For an operational decision, verify current list status, the applicable program rules, and any authorization that may apply. A live transaction depends on its exact parties, ownership, location, goods or services, payment path, and program; businesses and financial institutions should involve qualified sanctions counsel or their compliance team when those facts are uncertain.

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50 Percent RuleFinancial institutionsOFACsanctions complianceU.S. sanctions

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