Statute of Limitations for OFAC Lawsuits: Why Six Years Is Less Than It Sounds
The Six-Year Rule: Where It Comes From
Most legal challenges to OFAC decisions are brought under the Administrative Procedure Act (APA). The APA authorizes federal courts to set aside agency action that is arbitrary, capricious, or otherwise unlawful; making it the primary vehicle for contesting SDN designations, asset freezes, and license denials.
The governing limitations period is set...