FR 2024-28166

Summary of the Document

The document in question is a notice from the U.S Department of the Treasury's Office of Foreign Assets Control (OFAC), highlighting the inclusion of certain individuals in its Specially Designated Nationals and Blocked Persons List (SDN List). This action results from an association with the Gulf Cartel, which is implicated in the global illicit drug trade. This listing effectively blocks the property and property interests of these individuals within U.S. jurisdictions and forbids U.S. persons from engaging in transactions with them, in accordance with Executive Order 14059.

Significant Issues and Concerns

The notice presents several issues that could create confusion for readers who are not well-versed in legal or governmental language.

1. Use of Unexplained Abbreviations: The document employs several abbreviations (e.g., DOB for Date of Birth, POB for Place of Birth, and C.U.R.P., which stands for the Clave Única de Registro de Población, a Mexican identification number) without explanation, potentially leaving some readers uncertain about their meaning.

2. Complex Legal Terminology: Language such as "pursuant to" and "designated pursuant to section" may be too complex for the general public. The document assumes an understanding of these terms, which could hinder comprehension.

3. Lack of Specific Criteria Explanation: While mentioning sanctions being based on specific criteria from Executive Order 14059, the document does not delineate these criteria, potentially leaving readers uninformed about the reasons behind sanctions.

4. Timing and Duration of Sanctions: The document specifies the date the action was issued but does not clarify when the sanctions come into effect or their duration, leaving room for ambiguity.

5. Absence of Appeal Process: The lack of any mention of the possibility for appeal or review for those sanctioned may raise concerns about due process for the affected individuals.

6. Compliance Guidance for U.S. Persons: There is a clear expectation for U.S. persons to comply with the sanctions, yet no detailed guidance or steps are provided on how to ensure this compliance.

Impacts on the Public and Stakeholders

Broad Public Impact

For the broader public, this notice serves as an informative measure aimed at curbing unlawful interactions linked to organized crime. Understanding that these specific individuals are sanctioned helps ensure compliance with the law, though the dense legal language may inhibit public understanding of their responsibilities.

Impact on Specific Stakeholders

Positive Impact: This action aligns with broader governmental efforts to dismantle organized crime networks, such as the Gulf Cartel, which have significant adverse social and economic impacts. For communities affected by drug trafficking and related criminal activities, such sanctions could reduce the cartel's influence and improve overall safety and security.

Negative Impact: For individuals on the SDN List, the sanctions impose significant restrictions, effectively freezing assets and severing transactional capabilities within the United States. Furthermore, without a clear path for appeal, affected individuals may view this as a breach of their rights, contributing to broader concerns about due process.

Conclusion

The document embodies a governmental approach to combating international organized crime through financial and commercial prohibitions. However, to effectively communicate these measures to the general public, it would benefit from clearer language, defined terms, and guidance on compliance and recourse. Such improvements could enhance understanding and facilitate adherence among U.S. persons, ultimately supporting the sanctions' intention to impede illicit activity.