A couple stupid questions about MEV boost and OFAC compliance. Maybe someone can answer.

Isn’t MEV boost just software that you run on an ETH node/validator that prioritizes transactions with the highest rewards/validator tips? If so, why must this software be OFAC compliant? Couldn’t someone create identical software that we can all run that ISN’T OFAC complaint? Why is that not possible?

What do I have wrong?