How to Ensure OFAC Compliance with the New 10-Year Recordkeeping Rules

The Department of the Treasury’s Office of Foreign Assets Control (OFAC), the agency responsible for enforcing U.S. sanctions, has introduced an interim rule to extend the recordkeeping requirements of relevant transactions to align with the new 10-year statute of limitations. Effective March 12, 2025, this update underscores the growing emphasis on long-term OFAC compliance and meticulous documentation.  

With the extended statute of limitations, organizations face heightened obligations, especially in maintaining transaction records for longer periods. The potential for violations and risk of significant fines adds urgency for businesses to evaluate and enhance their OFAC compliance strategies. 

For businesses managing complex trade and financial transactions, staying updated with regulatory changes like this is essential to avoid penalties and maintain operational integrity. Keep reading to understand these new OFAC rules and learn how your business can navigate them effectively.. 

Key Takeaways 

• The record retention period for certain financial transactions is now 10 years, aligning with the updated statute of limitations for OFAC sanctions violations. 

• Heightened financial penalties for non-compliance now includes recurring fees every 30 days for the entire 10-year period. 

• Effective data-management strategies is crucial to prevent violations and ensure OFAC compliance. 

• Sanctions screening software should be leveraged to reduce non-compliance risks in business operations and meet regulatory expectations. 

In April 2024, President Biden enacted the 21st Century Peace through Strength Act, which included a key provision extending the statute of limitations for civil or criminal sanctions violations to match up with those in the Trading with the Enemy Act (TWEA) or the International Emergency Economic Powers Act (IEEPA).  

This adjustment expands the statute of limitations from five years to ten, mandating a corresponding shift in recordkeeping practices. As a result, the new rule requires businesses to retain accurate records of every transaction subject to OFAC sanctions for 10 years, regardless of the involvement of special licenses. 

It’s also important to understand that the updated 10-year statute of limitations applies retroactively to violations occurring after April 24, 2019. Additionally, the updated recordkeeping rule becomes mandatory on March 12, 2025, so it’s crucial to start preparing now. 

OFAC’s release stated that the new recordkeeping demands should impose a minimal burden, as many businesses already adhere to such practices. However, organizations with lackluster procedures must address gaps in their processes to meet the new requirements. 

Let’s take a closer look at the new requirements that will go into effect next year: 

• Extended Record Retention Policies: The extension calls for revising data management protocols or creating new systems capable of retaining records for the full 10-year period. 

• Increased Compliance Burden: The penalties for delayed filings have been raised and will apply throughout the ten years. The fines include: 

• $3,550 for late reports filed within the first 30 days 

• $7,104 for those exceeding 30 days 

• An additional $1,422 for every 30 days a blocked asset-related report remains overdue, subject to the 10-year statute 

• Greater Storage Needs: Transactions now require comprehensive documentation, ensuring that all pertinent data is captured and maintained for an extended duration. 

• Higher Resource Allocation: Additional resources may be needed to manage the expanded recordkeeping responsibilities, including personnel, technology upgrades, or external service providers. 

• Elevated Risk of Penalties: With the statute of limitations doubled, non-compliant transactions could result in a decade-long liability, making partner screening and meticulous data management more critical. 

The extended recordkeeping requirements significantly impact how businesses handle OFAC compliance for sanctioned transactions. Here's are the best practices for interpreting and acting on these requirements: 

• Strengthen internal compliance policies: Even if your existing processes are effective, you must update them to accommodate the extended recordkeeping period. If no policies exist, substantial changes must be made. Start by conducting a compliance audit to identify and address any potential weaknesses. 

• Enhance documentation for trade-controlled transactions: Transactions subject to trade controls require more detailed documentation and long-term retention. Review and update your data management policies, possibly creating new procedures to ensure compliance with all trade-controlled transactions. 

• Provide consistent employee training: Ongoing training is essential for all teams involved in recordkeeping, from processing transactions to running denied party screenings. Employees must be well- versed in OFAC compliance, how to document transactions, and how to secure the data for long-term retention. 

• Implement OFAC compliance software solutions: You don’t need to overhaul your system manually. OFAC compliance software can automate and streamline many processes, ensuring full compliance with recordkeeping rules. An OFAC search tool can identify denied parties and monitor trade-controlled transactions, while secure data management features help keep records safe for an extended period.  

• Engage Legal and Compliance Experts: Work with specialists to ensure records meet legal standards. Perform audits to maintain preparedness for potential inspections. 

The updated regulations mark another step in evolving OFAC compliance requirements. For businesses to stay ahead, adopting the right technology is crucial. 

Descartes offers advanced trade compliance solutions to help organizations meet these evolving obligations. Our platform helps businesses store, access, and audit due diligence records efficiently while offering real-time compliance checks and enhanced data security. 

Looking to improve your approach to OFAC compliance? Contact us to speak to an expert and see how our software solutions can help you navigate these new requirements with ease.