Iran Export Controls

Export Compliance Daily is providing readers with some of the top stories for May 11-15 in case you missed them.

The State Department added Cuba to a list of countries that do not cooperate with U.S. counterterrorism efforts and the Arms Export Control Act, adding that it will block sales or licenses involving exports of defense goods to Cuba, the agency said May 13. This year marked the first time the U.S. recognized Cuba as not cooperating with the AECA since 2015, the agency said. Others on the list include Iran, North Korea, Syria and Venezuela.

Two Iranian nationals were charged with violating U.S. export controls and sanctions after they tried to help Iranian entities buy a petroleum tanker, the Justice Department said May 1. Amir Dianat and Kamran Lajmiri allegedly concealed details about the transaction from the seller, financial institutions and the U.S. government, the agency said, and failed to disclose that the tanker was destined for Iran. Both were charged with violating the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations. The U.S. also filed a civil forfeiture action against Dainat for about $12.3 million, saying the funds were used in a money-laundering scheme to buy the tanker. The scheme involved the National Iranian Oil Company, the National Iranian Tanker Company and the Islamic Revolutionary Guard Corps-Qods Force, all on the Specially Designated Nationals list. The tanker was valued at more than $10 million, Justice said.

The Treasury's Office of Foreign Assets Control has been quickly addressing humanitarian licensing issues from industry but could be doing more to encourage the flow of aid to Iran, a former OFAC official and a sanctions lawyer said. OFAC has been rightly criticized for not doing enough to eliminate industry fears of sanctions, said Brian O’Toole, a former senior adviser to the OFAC director, adding that the government should rethink restrictions surrounding humanitarian trade. And although OFAC issued a guidance (see 2004160039) encouraging banks to process humanitarian-related transactions involving Iran, banks continue to seek more assurances, lawyer Kerry Contini said.

The Treasury Department disputed a report that said South Korea obtained a “special license” to export humanitarian goods to Iran (see 2004170026), saying the country may be using an existing general license but did not receive an additional exemption. The Office of Foreign Assets Control “has not issued a ‘special license’ to the Koreans,” a Treasury spokesperson said. OFAC’s Iran sanctions regime contains “broad exemptions” for humanitarian exports, which may make some South Korean exports “permissible,” the spokesperson said.

Despite calls from industry and lawmakers, the Treasury Department does not plan to introduce new authorizations for humanitarian exports to Iran, said Andrea Gacki, director of the Office of Foreign Assets Control. Gacki said OFAC’s current general licenses are sufficient, adding that the agency has not received many license applications to export medical goods that are not already covered by an existing exemption.

The Treasury’s Office of Foreign Assets Control issued an April 16 guidance clarifying available humanitarian trade exemptions for U.S. sanctions regimes that target Iran, Venezuela, North Korea, Syria, Cuba and Ukraine/Russia. The guidance outlines the specific exemptions available for personal protective equipment and stresses that the U.S. will not target legitimate humanitarian trade to sanctioned countries. The guidance comes amid calls from current and former lawmakers and trade experts for more clarity surrounding OFAC humanitarian waivers (see 2004100044, 2004070028 and 2004010019), which has caused confusion among industry (see 2004140027).

Although the U.S. provides broad exemptions for humanitarian exports to Iran, the exemptions continue to be a source of confusion for industry, which is hindering humanitarian trade with Iran, said Katherine Bauer, a former senior policy adviser for Iran at the Treasury Department. The Treasury’s Office of Foreign Assets Control may issue guidance to clarify the exemptions, Bauer said, but the Trump administration is unlikely to make any major changes to its Iranian sanctions regulations.

After current and former lawmakers asked the Treasury Department to clarify its stance on humanitarian exports to sanctioned countries, the agency pushed back on accusations that sanctions are stopping those exports, saying it does not target legitimate exported aid. Some of those accusations are marred by a misunderstanding of Treasury’s general licenses and exemptions, said sanctions lawyer Doug Jacobson: they do allow a broad range of humanitarian exports to countries like Iran.

The U.S. should expand the scope of humanitarian license exceptions for exports to Iran and add staffing within the Treasury Department to speed up the licensing process, members of the European Leadership Network and The Iran Project said April 6. The statement, signed by 25 former U.S. and European government officials, also said the U.S. needs to do more to assure companies, banks and organizations they will not be targeted for exporting humanitarian items to Iran. The letter follows similar calls by U.S. lawmakers, who said sanctions are hindering life-saving exports to Iran (see 2004010019).