The Trump administration on May 8 announced an executive order placing sanctions on Iran’s iron, steel, aluminum and copper sectors in what it said are the country’s “largest non-petroleum-related sources of export revenue."
The Treasury’s Office of Foreign Assets Control left out several key components of an effective compliance program in its recent sanctions compliance guide, according to a May 6 report from law firm Paul Hastings. The report said the guide should have included descriptions and instructions for “a confidential reporting process,” an "investigations process,” “disciplinary measures for employees which fail to follow the program” and “an emphasis” on mid-level employees stressing the importance of compliance instead of just senior management. The report said these components “appear in guidance documents in other areas” and "it is not clear why OFAC chose to omit these nuances … but no doubt practitioners will seek further clarification from OFAC in the weeks and months to come.” The guide, published May 6, represented an escalating step in OFAC’s effort to disseminate information about effective compliance programs, potentially allowing the agency to more successfully prosecute compliance cases (see 1905030055). The guide provides details of compliance programs that are “now all but mandatory in OFAC’s opinion,” the report said.
Export Compliance Daily is providing readers with some of the top stories for April 29 -May 3 in case they were missed.
The Treasury's Office of Foreign Assets Control’s recent publication of a sanctions compliance guide is the latest example of OFAC’s long-term effort to show companies what makes an effective compliance program, trade lawyers said. But the effort may also ultimately benefit the Treasury, according to one lawyer, by making it easier for the department to successfully prosecute compliance cases.
The Treasury’s Office of Foreign Assets Control reached a settlement of about $870,000 with a New York-based shipbroking company that OFAC said violated weapons-related sanctions five times. The company, MID-SHIP Group LLC, violated the Weapons of Mass Destruction Proliferators Sanctions Regulations by negotiating contracts among ship owners and charterers worth about $470,000 between February and November 2011, OFAC said May 2. The ships used in the transfers were owned by the Islamic Republic of Iran Shipping Lines (IRISL), which was sanctioned by OFAC in 2008.
The Treasury’s Office of Foreign Assets Control published a 12-page guide on sanctions compliance for U.S. and foreign businesses, detailing what OFAC defines as effective compliance programs and outlining several “root causes” of sanctions violations. The guide, published May 2, delves into the level of compliance that OFAC expects from companies and how best to avoid sanctions violations. The guide covers five categories: management commitment, risk assessment, internal controls, testing and auditing, and training.
The Department of the Treasury is “initiating a renewal of the public certificate securing the www.treasury.gov website,” which includes the Office of Foreign Assets Control’s “sanctions list downloads,” OFAC said in a May 1 technical notice. The certificate is being replaced May 16 at 9 p.m. EDT and will take about three to six hours for the "replacement certificate to be distributed worldwide,” the notice said. “If your application pins or otherwise trusts the serial number of the existing certificate as part your application functionality, you may need to update your configuration to trust the renewed certificate,” OFAC said. Questions should be directed to O_F_A_C@treasury.gov or the tech support hotline at 1-800-540-6322.
Reps. Eliot Engel, D-N.Y., and Michael McCaul, R-Texas, are working on legislation that would strengthen U.S.-imposed sanctions on Russia, they said during a House Foreign Affairs Committee meeting May 1. Engel said they are planning to introduce a bill that will “protect America’s interests, ramp up the targeted sanctions, enhance diplomacy and counter propaganda efforts to meet the Russian threat.” McCaul said he and Engel had breakfast with Secretary of State Mike Pompeo earlier that day and said “there’s no doubt” Pompeo “looks at Russia as a great threat” to the U.S. “I don't think this is a partisan issue,” McCaul said. “I hope we can pass legislation out of this committee.”
Export Compliance Daily is providing readers with some of the top stories for April 22-26 in case they were missed.
It's unclear how North Korean leader Kim Jong Un got the armored Mercedes-Maybach limousines made by Daimler that Kim used for several recent meetings with international leaders, a spokesman for the company said. In an April 29 email, a Daimler spokesman said the company has a “comprehensive export control process” to “prevent” all sales to North Korea. “We have no indication how those vehicles have come to the use of” North Korea, he said. Exports of luxury goods to North Korea are banned under United Nations sanctions, and sanctions imposed by the U.S. allow the Treasury’s Office of Foreign Assets Control to designate any person who “engages in a significant export to or import from North Korea,” according to the Treasury.