Constitutional Deficiencies Found in OFAC Procedures
OFAC is responsible for administering the SDN List, and when an entity is put on the terrorist list it can write to Treasury asking it to reconsider, but OFAC is not required to provide one nor provide any reason for their actions. Two federal court cases have found the current Treasury/OFAC process to be constitutionally deficient.
In August 2009, a federal court ruling in KindHearts v. Treasury found that Treasury's seizure of KindHearts’ assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments.
On Sept. 23, 2011 the Ninth Circuit Court of Appeals upheld a lower court’s ruling that procedures used by Treasury to shut down the Al Haramain Islamic Foundation of Oregon in 2004 was unconstitutional. The court said the Fifth Amendment's guarantee of due process requires Treasury to give adequate notice of the reasons it puts a group on the terrorist list, as well as a meaningful opportunity to respond. In addition, the court ruled that freezing the groups assets amounts to a seizure under the Fourth Amendment, so that a court order is required.
Read more about this topic: Office Of Foreign Assets Control
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