You are currently viewing La designación del Cartel de los Soles como Organización Terrorista por OFAC: análisis jurídico y estrategias de defensa internacional

OFAC's Designation of the Cartel de los Soles as a Terrorist Organization: Legal Analysis and International Defense Strategies

The July 25, 2025the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury announced the designation of the Soles Posteran alleged Venezuelan criminal group linked to high-ranking officials, such as Specially Designated Global Terrorist (SDGT) under the Executive Order (E.O.) 13224. This measure adds it to the list of Specially Designated Nationals (SDN)This involves the immediate freezing of its assets in U.S. jurisdiction and the prohibition of U.S. citizens and companies from conducting transactions with any related entity.

This action is framed in the context of the recent appointments of the Aragua Train and the Sinaloa Cartel like Foreign Terrorist Organizations (FTO) and SDGT, accusing the Cartel de los Soles of providing them with material and financial support in drug trafficking, human trafficking and hemispheric destabilization operations.

Similar cases: relevant precedents in the U.S. sanctioning system.

The designation of the Cartel of the Suns is not an isolated event. There are precedents of great legal relevance that illustrate the scope and consequences of OFAC sanctions:

  1. Zetas Cartel (Mexico)Foreign Narcotics Kingpin Designation: designated under the Foreign Narcotics Kingpin Designation Act in 2009 and subsequently linked to terrorist activities.
  2. Hezbollah (Lebanon)initially designated as FTO, was the subject of multiple secondary designations involving foreign companies and banks accused of facilitating financial operations.
  3. Revolutionary Armed Forces of Colombia (FARC)designated as FTO in 1997 and SDGT in 2001, with financial blockades that included front companies in third countries.

These precedents show that OFAC's sanctions have an important expansive effectnot only to the designated stakeholders, but also to their commercial, financial and professional counterparties.

Immediate effects for related persons and companies

  • Blocking of assets: any property or rights in the U.S. or in the hands of U.S. persons are automatically frozen.
  • Prohibition of transactions: international companies operating with the designee may be sanctioned under the principle of "secondary sanctions".
  • Reputational risk: The inclusion in the SDN list or the mere indirect linkage generates serious commercial and financial impacts in international markets.

Effective legal defenses to OFAC sanctions

Despite the forcefulness of these measures, the experience in international cases shows that there are effective legal strategies to mitigate or reverse the impact:

      1.Filing of a Petition for Delisting (SDN delisting procedure):

        • This is an administrative mechanism provided by OFAC to enable the designee or affected third parties to demonstrate that they no longer meet the sanction criteria.
        • Must include solid documentary evidence on disassociation with terrorist organizations, changes in corporate structure and compliance with international compliance standards.

        2. Judicial review in U.S. federal courts:

        • A lawsuit may be filed for violation of the Due Process Clause (Fifth Amendment) if arbitrariness in the designation is demonstrated.
        • Cases such as KindHearts for Charitable Humanitarian Development, Inc. v. Geithner (N.D. Ohio, 2009) set precedents in favor of sanctioned organizations.

        3.Defense of affected third parties (companies and professionals):

        • It is possible to argue the absence of "knowledge in transactions with designated entities, to avoid the imposition of civil or criminal penalties.
        • The design of robust compliance programs The U.S. sanctions system is essential in order to demonstrate due diligence.

        4.Use of international forums:

        • In the event of sanctions with extraterritorial effects, mechanisms can be activated in the following cases European Union courts, United Nations (Committee 1267) y inter-American systems for the protection of human rights when fundamental rights are violated.

        Why specialized defense is essential

        The U.S. sanctioning system is one of the most complex in the world, and is characterized by its extraterritorial application. An error in the management of these measures may result in the total loss of assetsthe blocking of international banking transactions and the opening of federal criminal proceedings.

        At Venfort Lawyerswe have a team of experts in international sanctions, economic criminal law and international criminal lawWe are experienced in strategic litigation in the U.S., Europe and Latin America. We have successfully defended individuals and corporations against OFAC, State Department and Kingpin Act designations.

        Conclusion

        The recent designation of the Cartel of the Suns as a terrorist organization represents a new chapter in the expansion of the U.S. sanctions system towards state and parastatal actors. History shows that while these measures are severe, they are not, there are legal avenues to challenge them and protect the interests of affected individuals and companies..

        If you, your company or your family find yourself directly or indirectly affected by international sanctionsour firm is prepared to offer you preventive counseling, BDS delisting strategies and high-level international advocacy.

        📩 Contact us, we guarantee confidentiality with legal advice.