How Many Times You Can File a Delisting Petition

There is no formal cap on the number of delisting petitions a party may file with OFAC; neither 31 C.F.R. § 501.807, nor any other OFAC regulation limits the number of attempts. Refiling a delisting petition is, in that narrow sense, always available. In practice, however, this does not mean refiling is worthwhile on its own terms: the number of attempts does not substitute for their quality, and submitting the same material repeatedly tends to reinforce OFAC’s position rather than weaken it.

The New FAQ 1261 Rule: When Refiling Is Doomed to Fail

On June 29, 2026, OFAC launched a new online tool for submitting delisting petitions, the Reconsideration Portal, and at the same time added new Frequently Asked Question (FAQ) 1261, addressing refiling directly. Under this guidance, a denial does not close the matter permanently: a petitioner may refile, but only where new arguments or evidence are presented that were not previously submitted to OFAC. Refiling without new substantive material is likely to be denied by direct reference to the prior determination, meaning OFAC will process a refiled petition formally, without reconsidering it on the merits.

The practical takeaway is straightforward: before preparing a refiled petition, a petitioner needs to identify precisely what in it is genuinely new, rather than simply restated.

Using a Prior Denial Instead of Ignoring It

A denial is not merely a disappointing outcome; it is a source of information worth using. First, the same Reconsideration Portal now formally allows a petitioner to request the courtesy document: unclassified, non-privileged material underlying the original designation. As we have already noted, the practical usefulness of this document is limited. Nevertheless, it can sometimes help clarify the specific facts or assumptions on which the determination was based and, therefore, what needs to be addressed.

Second, the text of the denial itself, where reasoned, usually indicates which of the two delisting theories – changed circumstances or insufficient basis – was found insufficiently supported (we covered the distinction in detail in our article “Changed Circumstances as Grounds for Removal from the SDN List“). Refiling a delisting petition that simply restates the same argument under the same theory is likely to meet the same fate as the first attempt. A workable strategy is either to strengthen the evidentiary showing under that same theory with new facts, or to shift to the other theory if it is genuinely applicable and was not previously raised.

What Counts as “New” Arguments or Evidence

“New,” for purposes of refiling a delisting petition, breaks down into three categories. The first is a factual change that occurred after the original petition was filed and reviewed: a change in position, cessation of the specific conduct at issue, divestment of an ownership stake, or severing ties with the counterparties named in the determination.

The second is evidence that existed before but was not presented to OFAC in the original filing. For example, documents the petitioner did not include because he did not have access to them at the time. The third is a legal argument not previously raised, including a delisting theory not asserted before. Simply resubmitting the same materials with cosmetic edits falls into none of these categories and, accordingly, does not create a basis for reconsideration.

A Practical Checklist for Preparing a Refiled Petition

In practice, we recommend the following sequence before preparing a refiled petition:

As an initial step, you may request the courtesy document (while recognizing the limited practical value of doing so), if it has not already been obtained, and review it carefully to assess the factual basis of the original determination;

compare the text of the denial, where reasoned, against the two legal theories to identify which one was found insufficiently supported;

gather and document any factual changes that have occurred since the original filing;

Honestly assess whether the applicant has genuinely new arguments or evidence. If not, it is generally better not to submit a plainly weak repeat application; and

prepare the filing so that it shows OFAC directly, not merely implicitly, what has actually changed since the original denial.

If You’re Denied Again: The Path to Court

If a properly prepared, refiled delisting petition is denied as well, the administrative path is effectively exhausted, and the logical next step is judicial. We have covered in detail why such suits are filed in the U.S. District Court for the District of Columbia, as well as what a court actually looks at when reviewing a denial of delisting under the Administrative Procedure Act (APA) (see our article “OFAC Delisting Denial: How Courts Review Agency Decisions Under the APA“).

Importantly, a well-prepared, properly documented refiling (even one that is denied) becomes part of the history of the petitioner’s dealings with OFAC, which can later strengthen the petitioner’s position in litigation. It demonstrates good-faith effort and shows that OFAC had an opportunity to reconsider its determination on the basis of new facts, and did not do so.

Practical Takeaways

For clients who have received a denial from OFAC on delisting, the key practical takeaway is this: refiling a delisting petition is not capped in number, but success does not go to whoever files most often; it goes to whoever asks, before every new filing, precisely what has changed. A carefully prepared refiling, grounded in new facts or new evidence rather than a restatement of prior arguments, meaningfully improves the odds of a favorable outcome and, if denied anyway, builds a solid foundation for moving to judicial review.