OFAC Sanctions Activity

Global manufacturing firm 3M reached a $9.6 million settlement with the Office of Foreign Assets Control this week after it allegedly violated U.S. sanctions on Iran. OFAC said the company’s Swiss subsidiary knowingly sold reflective license plate sheeting through a German reseller to Bonyad Taavon Naja, an entity controlled by Iran’s Law Enforcement Forces.

American building materials supplier Construction Specialties Inc. (CS) reached a $660,594 settlement with the Office of Foreign Assets Control this week for allegedly violating sanctions against Iran. OFAC said the company’s United Arab Emirates subsidiary, Construction Specialties Middle East (CSME), illegally reexported more than $1 million worth of construction materials to Iran and falsified trade documents to hide their destination.

The U.S. this week issued new guidance on its various voluntary self-disclosure policies for sanctions and export control violations, urging companies to disclose offenses and stressing the importance of “robust” compliance programs. The six-page “compliance note,” the second jointly issued by the Commerce, Treasury and Justice departments (see 2303020054), outlines DOJ’s recently updated disclosure policies for criminal export and sanctions violations, the raft of changes made to the Bureau of Industry and Security's administrative enforcement policies over the past year, and the Office of Foreign Assets Control’s procedures for assessing voluntary disclosures. The notice also describes the Financial Crimes Enforcement Network’s whistleblower program.

A Latvia-based bank reached a $3.4 million settlement with the Office of Foreign Assets Control to resolve allegations it violated U.S. sanctions relating to Crimea, OFAC said June 20. Swedbank Latvia AS, a subsidiary of Sweden-based Swedbank AB, allowed a customer to use its e-banking platform from an internet protocol address in Crimea to send payments to persons in Crimea through U.S. correspondent banks, OFAC said, which resulted in 386 violations of U.S. sanctions.

The Office of Foreign Assets Control reached a $3.3 million settlement this week with a California-based skincare company and a $175,000 settlement with its former unnamed senior executive for illegal exports to Iran in violation of U.S. sanctions. Murad, owned by multinational company Unilever, worked with distributors in Iran and the United Arab Emirates to ship goods to Iran, leading to at least 62 exports worth more than $11 million, OFAC said.

Cryptocurrency trading platform Poloniex reached a $7.5 million settlement with the Office of Foreign Assets Control this week to resolve allegations that it violated U.S. sanctions. The Delaware-based company allowed customers in sanctioned jurisdictions to trade, deposit and withdraw digital assets worth a combined $15 million, OFAC said, adding that Poloniex didn’t voluntarily disclose the alleged violations.

A British cigarette manufacturer agreed to pay American authorities more than $635 million to settle alleged sanctions violations after the U.S. said the company illegally sent tobacco and tobacco products to North Korea. British American Tobacco will pay about $508 million to the Treasury Department’s Office of Foreign Assets Control, the agency's largest fine in more than four years, and pay an additional fine as part of a deferred prosecution agreement with DOJ.

The U.S. last week fined Wells Fargo nearly $100 million for allegedly breaching U.S. sanctions against Iran, Syria and Sudan, violations that stemmed from its "unsafe or unsound" sanctions compliance practices. The bank was fined $30 million by the Treasury Department's Office of Foreign Assets Control and $67.8 million by the Federal Reserve after OFAC said Wells Fargo's subsidiary allowed a European bank to use its trade finance platform to process more than $500 million in sanctioned transactions.

DOJ’s new corporate enforcement policies substantially increase compliance incentives and may lead to more voluntary self-disclosures, law firms said. But they also said much of the new policy will depend on how DOJ implements the changes, and it remains unclear how much of a downstream impact the revisions will have on export control and sanctions cases handled by other agencies.

Export Compliance Daily is providing this recap of export control and sanctions enforcement over the past year to assist export compliance professionals, lawyers and others in staying up to date with current enforcement trends. This guide summarizes the most notable enforcement actions by the Commerce Department's Bureau of Industry and Security, the State Department’s Directorate of Defense Trade Controls, the Treasury Department’s Office of Foreign Assets Control and the Department of Justice since Jan. 1, 2022.