Clearing a Potential Match with a Name on a Government List

[Rev 11-11-24]

The Stewart Special Alerts Database contains names from several sources:

(A)  Special Alerts issued by Stewart Title Guaranty Company (STGC) in Houston,

(B)  Closing Alerts issued by Stewart Title Insurance Company (STIC) in New York, and

(C)  U.S. Government Lists (“Patriot Act” search) issued by the United States Treasury Department Office of Foreign Asset Control (OFAC).

Pursuant to federal law, all “U.S. persons” (including individuals and entities) are prohibited from engaging in transactions (trade or financial transactions or other dealings) with persons or entities on the Specially Designated Nationals List (SDN List) or the Foreign Sanctions Evaders List (FSE List), published and maintained by the United States Treasury Department’s Office of Foreign Asset Control (OFAC).

Searching the OFAC database is often referred to as a “Patriot Act search.” As an accommodation to Issuing Offices, and to assist with “one-stop” searching, the Stewart Database also contains names imported from OFAC’s SDN List and FSE List. Stewart Title makes no representation or warranty about the accuracy of this information. Issuing Offices are permitted to use whatever source they deem appropriate to comply with the Patriot Act, including OFAC’s web-based search engine, described below.

Potential matches with the different lists (Stewart Alerts vs. Government lists) are cleared differently.

It is important to read the search results produced by the Stewart Special Alerts Search Application, available at https://specialalerts.stewart.com/Search. This will help determine the next step in the clearance process.

Special Alert or Closing Alert:

A potential match with a name in the Stewart database resulting from a Stewart Alert is generally cleared by Stewart Legal Services, usually in Houston if it is a Special Alert, or in New York if it is a New York Closing Alert, or as otherwise directed on the Alert.

If you believe that you have a potential match with a Special Alert or Closing Alert, please follow the procedures described in the Guidelines.

Government List – “Patriot Act” (Specially Designated Nationals (SDN) List and/or Foreign Sanctions Evaders List):

A potential match with a name on a governmental list (e.g., Specially Designated Nationals (SDN) List and/or Foreign Sanctions Evaders (FSE) List), often referred to as a “Patriot Act” search, is cleared by the Issuing Office, or whoever is handling the settlement function.

If you believe that there may be a potential match with a name on a government list, you don’t need to complete the Preliminary Questionnaire or request or obtain clearance from Stewart Legal Services.

Guidance relating to a potential match with the SDN List or the FSE List or other government sanctions program is available on OFAC’s website.

The following is a link to the Treasury Department's Frequently Asked Questions (FAQs) relating to the SDN List and the FSE List:

https://ofac.treasury.gov/faqs

Question 82 describes OFAC’s web-based search engine. The following link may be helpful as a starting point. It should take the user to OFAC’s Sanctions List Search page:

https://sanctionssearch.ofac.treas.gov/

At the above web page, OFAC’s Sanctions List Search may provide additional information that may help the user to further identify the person or entity that is named on the list, to distinguish the person or entity on the government list from the potential match in the transaction.

A person’s name can be input either first name last name, or last name comma first name. A list of possible matches will be returned for the person or entity. If the user clicks on each possible match, the entry field may open to display specific information about the person or entity (e.g., date of birth, place of birth, etc.) that may help to distinguish them from the potential match in the transaction.

This is a short summary of the procedure:

A.   If you have not already done so, run your search in the Stewart Special Alerts Search Application, available here: https://specialalerts.stewart.com/Search

B.   Read the search results. They will state the nature of the potential match.

C.   If you believe that there may be a potential match with a name on a government list, you don’t need to complete the Preliminary Questionnaire or request or obtain clearance from Stewart Legal Services.

D.   If you believe that there may be a potential match with a name on a government list, go to OFAC’s Sanctions List Search application:

https://sanctionssearch.ofac.treas.gov/

1.    Type in the name of the potential match.

2.    Click “Search.”

3.    At the bottom of the results page, there is a list of highlighted names.

4.    Click on each highlighted name.

5.    A new screen will open with specific personal information (e.g., middle name, date of birth, place of birth, citizenship, etc.) relating to the person on the government list.

6.    Compare the information about the person on the government list with information that you have or obtain from the potential match.

If you still believe that you have a potential match with a name on a government list, OFAC provides several questions and answers in the FAQs that may provide further guidance.

The user may want to consider Question 5 - “How do I determine if I have a valid OFAC match?"

Here’s a link to that section:

https://home.treasury.gov/policy-issues/financial-sanctions/faqs/5

The user may want to consider Question 23 - “What do I do if I have a match to the Specially Designated Nationals (SDN) or one of OFAC's other sanctions lists?”

Here’s a link to that section:

https://home.treasury.gov/policy-issues/financial-sanctions/faqs/23

It isn’t necessary to send your OFAC search results to SpecialAlerts@stewart.com. You don’t need to copy SpecialAlerts@stewart.com on your determinations regarding clearance of a potential match with a name on a government list.

A user may want to consider saving electronic copies/screenshots of the OFAC search results for possible future reference.

For reference, the OFAC Hotline is 800-540-6322.

** Please do not send any nonpublic personal information (e.g. Social Security number, date of birth, driver license information, passport, etc.) to Stewart Legal Services unless it is specifically requested. **