Federal Court GuidesOFAC & Sanctions › OFAC subpoenas
Sanctions & designations

Compulsory, scoping, survivable

OFAC's administrative subpoenas — the '602 letters' — demand documents and explanations about specified transactions. They are compulsory, they are often broader than the underlying concern, and the response sets the trajectory of everything that follows.

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First reads

Response discipline

Preservation first — the spoliation letter goes out internally the day the subpoena arrives. Privilege review before production, always: OFAC matters sit adjacent to potential criminal referrals, and what leaves the building never comes back. Where responses will reveal apparent violations, the self-disclosure calculus runs simultaneously — the subpoena hasn't necessarily destroyed voluntariness for conduct outside its four corners.

Questions people actually ask

Can we fight the subpoena itself?

Enforcement actions test administrative subpoenas rarely and narrowly — relevance and burden negotiation with the office is the realistic lane, and it works more often than motion practice would.

Do individuals need separate counsel from the company?

The moment individual exposure diverges from corporate interest, yes — and spotting that moment early is part of the first-week job.

What happens after we produce?

Silence, follow-ups, a prepenalty notice, or a closure letter — the response's completeness and the compliance story it tells influence which. The penalty-notice guide covers the worst branch.