OFAC

The Trump administration is ending sanctions waivers for certain activities with nuclear projects in Iran, the State Department said May 27. The move will end waivers covering “all remaining” Iranian nuclear projects that originated under the Joint Comprehensive Plan of Action, which allowed Chinese, Russian and European companies to work on Iranian nuclear sites.

The Treasury Department fined a Kansas animal nutrition company more than $250,000 for illegally exporting agricultural goods to Cuba, which violated U.S. sanctions, according to a May 6 notice. The company, BIOMIN America, completed 30 illegal sales to Cuba between 2012 and 2017 and did not have a sanctions compliance program, the Treasury's Office of Foreign Assets Control said. If BIOMIN had consulted with OFAC before the sales took place, the company may have received a license, the agency said.

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).

Companies involved in sanctions compliance should closely communicate with regulators during the COVID-19 pandemic and carefully document compliance procedures during work-from-home operations, according to Nicole Sayegh Succar, a trade lawyer with Crowell & Moring. Those steps could minimize scrutiny and potential sanctions penalties after the pandemic subsides, Succar said during an April 2 webinar hosted by the law firm.

The Treasury Department’s recent settlement with a Swiss telecommunications and information technology organization highlighted the agency’s ability to “effectively” impose primary sanctions obligations on a non-U.S. person, according to a Feb. 28 post from MassPoint Legal and Strategy Advisory. It also showed how the Treasury’s Office of Foreign Assets Control can base sanctions jurisdiction on the “involvement in foreign transactions of U.S.-origin software and technology and telecommunications hardware” located in the U.S.

The Treasury’s Office of Foreign Assets Control has done little to define the broad scope of the Iranian executive order issued earlier this month that expanded sanctions authority for the Treasury and State departments, according to trade lawyers. The order (see 2001100050) -- which authorized both primary and secondary sanctions against Iran’s construction, mining, manufacturing and textiles sectors -- did not define the scope of the Iranian sectors that may be subject to sanctions, and OFAC has yet to release guidance. OFAC did, however, issue a frequently asked question that provided a 90-day wind-down period (see 2001160011).

President Donald Trump issued an executive order expanding U.S. sanctions authority against Iran and the Treasury Department announced a series of new Iran sanctions, including measures against senior Iranian officials, metal companies and a vessel. The executive order grants the U.S. the authority to impose a series of new primary and secondary sanctions against people and companies involved with Iran’s construction, mining, manufacturing and textiles sectors, Treasury Secretary Steven Mnuchin said during a Jan. 10 press conference. While the executive order only mentioned those four sectors, additional Iranian sectors may be sanctioned, Mnuchin said.

The U.S. designated Aas’ib Ahl al-Haq (AAH) a foreign terrorist organization and sanctioned two of its leaders, Qays (also known as Qais) al-Khazali and Laith al-Khazali, both Iraqi nationals, the State Department said in a Jan. 3 press release. The sanctions are aimed at denying AAH and its leadership the “resources to plan and carry out terrorist attacks,” the State Department said. The agency said the group and its leaders are backed by Iran, and their efforts are aimed at undermining “Iraqi sovereignty.” Qays and Laith were previously sanctioned by the Treasury’s Office of Foreign Assets Control in December (see 1912060022). OFAC updated identifying information for both individuals, according to a Jan. 3 notice.

The Treasury’s Office of Foreign Assets Control is expected to increase enforcement of its 50 percent rule, placing more of a burden on companies to determine whether they are indirectly dealing with a sanctioned party, said Joshua Shrager, a former Treasury official and a senior specialist with Kharon, a sanctions advisory firm. While the 50 percent rule -- which bans transactions with a company owned 50 percent or more by a sanctioned party -- is growing increasingly complicated due to a rise in U.S. sanctions, OFAC’s compliance expectations are rising too, Shrager said.

A U.S. insurance company was fined about $170,000 for violating the Cuban Assets Control Regulations, the Treasury’s Office of Foreign Assets Control said in a Dec. 9 enforcement notice. Allianz Global Risks US Insurance Company (AGR US), a subsidiary of Germany-based Allianz SE, committed more than 6,000 violations of the CACR, OFAC said.