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Users represent and warrant that they are not located in, resident in, or organized under the laws of a U.S.-sanctioned country, are not subject to government or UN sanctions, and are not owned or controlled by sanctioned persons or entities, and these representations must remain true for the duration of Platform use.
This analysis describes what OpenSea's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places affirmative compliance representations on users regarding OFAC sanctions status, extending to indirect ownership, control, and transaction counterparties. The agreement states that these representations must remain continuously true throughout the user's Platform engagement, and OpenSea reserves the right to restrict or disable Accounts for failure to provide compliance documentation.
Under this clause, users affirmatively represent compliance with OFAC and other government sanctions regimes as a condition of Platform access, including representations about their officers, directors, shareholders, and transaction counterparties. OpenSea may restrict or permanently disable Accounts if requested documentation is not provided.
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"By using the Platform, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations. You agree not to use the Platform, or otherwise enable access to the Platform, if: You are located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country. You are subject to sanctions imposed by the U.S. Government, any other government, or the United Nations. You are owned or controlled, directly or indirectly, by any person or entity subject to sanctions or located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country.Excerpt from OpenSea's Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly engages OFAC regulations administered by the U.S. Department of the Treasury, as well as UN Security Council sanctions regimes. For API developers and enterprise integrators, this clause creates pass-through compliance obligations that must be assessed against their own OFAC and BSA/AML programs. The FTC and State AGs may have jurisdiction over enforcement if sanctions-related account restrictions are applied in ways that affect consumers. (2) GOVERNANCE EXPOSURE: High for enterprise and developer users. The provision extends sanctions representations to indirect ownership and control structures, which requires affirmative diligence on beneficial ownership and transaction counterparties beyond typical consumer-facing terms. For retail users, practical enforcement exposure depends on OpenSea's KYC and screening infrastructure. (3) JURISDICTION FLAGS: Non-US users, particularly those in regions with complex sanctions exposure (e.g., users in EU member states transacting with parties subject to EU but not US sanctions, or vice versa), face potential compliance gaps where US sanctions representations may not fully align with applicable local law. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B API integrators and marketplace operators building on the OpenSea Platform must evaluate whether their own sanctions screening programs satisfy the affirmative representations required by this clause and whether downstream user activity creates exposure under these terms. (5) COMPLIANCE CONSIDERATIONS: Enterprise users should assess whether their sanctions compliance programs cover the beneficial ownership and counterparty scope required by this provision. Legal teams should evaluate how OpenSea's Account restriction and documentation request mechanism interacts with applicable data protection law, particularly in the EU and UK.
This provision places affirmative compliance representations on users regarding OFAC sanctions status, extending to indirect ownership, control, and transaction counterparties. The agreement states that these representations must remain continuously true throughout the user's Platform engagement, and OpenSea reserves the right to restrict or disable Accounts for failure to provide compliance documentation.
Under this clause, users affirmatively represent compliance with OFAC and other government sanctions regimes as a condition of Platform access, including representations about their officers, directors, shareholders, and transaction counterparties. OpenSea may restrict or permanently disable Accounts if requested documentation is not provided.
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