Why OFAC Delisted Tornado Cash

Last month, the U.S. Treasury Department’s Office of Foreign Asset Control delisted Tornado Cash from its sanctions list, months after an appeals court ru

Last month, the U.S. Treasury Department’s Office of Foreign Asset Control delisted Tornado Cash from its sanctions list, months after an appeals court ruled that the watchdog could not designate the mixer’s smart contracts.

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In November 2024, a Fifth Circuit Court of Appeals panel ruled that the Treasury Department’s Office of Foreign Assets Control (OFAC) couldn’t sanction smart contracts tied to crypto mixer Tornado Cash. Last month, OFAC delisted Tornado Cash entirely, though it left developer Roman Semenov on its Specially Designated Nationals list.

Whether Tornado Cash could be sanctioned to begin with has been a point of contention for the crypto industry. The Fifth Circuit ruling sparked a rally in the TORN token’s price and raised hopes that it would be more difficult for the U.S. government to block legal uses of mixers.

Tornado Cash’s delisting included smart contract addresses and other components of the overall mixer, and followed November’s ruling. The delisting may have been an effort to preempt a court ruling that would force OFAC to permanently delist Tornado Cash.

Backing up a little: A group of developers sued OFAC after Tornado Cash was first sanctioned with backing from crypto exchange Coinbase. That case, Van Loon v. Treasury, received an initial ruling from a district court judge that was favorable to the Treasury Department. On appeal, however, the Fifth Circuit ruled — somewhat narrowly — that smart contracts were outside the scope of OFAC’s jurisdiction. The appeals court panel threw the case back down to the district court to sort out next steps.

On March 21, the same day it removed Tornado Cash from its sanctions list, OFAC filed a notice telling the court that the removal meant the legal case remedies cot “the matter is now moot.”

Peter Van Valkenburgh, the executive director at Coin Center, said the November decision left OFAC with few options.

“They could have waited for the court to invalidate the sanctions or they could have delisted them themselves, and they delisted themselves,” he said. “You can read that two ways. You can read that as ‘I want to try and preserve some ability to fight in the future or [make] some other listing,’ [and] that’s really tough because that Fifth Circuit opinion is really bad for them.”

The other read for the delisting is OFAC just wanted the matter resolved quickly, he said.

Leah Moushey, an attorney with Miller & Chevalier, said the court may choose to reject OFAC’s filing because there’s an open question as to whether Tornado Cash can be redesignated in the future. She pointed to a Supreme Court case with thematic similarities.