OFAC Sanctions Activity

The Commerce and Treasury departments fined a Dubai energy equipment supplier and its U.S. affiliate more than $430,000 for illegally exporting goods to Iran, the agencies said July 19. The U.S. fined Dubai-based Alfa Laval Middle East (AL Middle East) $415,695 for exporting Gamajet brand storage tank cleaning units from the U.S. to Iran and fined Virginia-based Alfa Laval (AL U.S.) $16,875 because its subsidiary referred an Iranian “business opportunity” to AL Middle East, according to enforcement orders issued this week.

Although the Treasury’s Office of Foreign Assets Control saw a decrease in total sanctions settlements last year, the agency increased its output of sanctions guidance and advisories, shedding more light on OFAC’s compliance expectations, sanctions lawyers said. Lawyers also said the agency flexed its enforcement jurisdiction by pursuing penalties against a variety of industries beyond large commercial banks, a trend that should continue this year.

An Indonesian paper product manufacturer agreed to a fine of more than $1.5 million in order to settle charges related to bank fraud involving trade with North Korea, the Justice Department said Jan. 17. The company, PT Bukit Muria Jaya (BMJ), also entered into a settlement agreement with the Treasury Department and was fined more than $1 million by the Office of Foreign Assets Control for violating U.S. sanctions (see 2101140045). The Justice Department said BMJ admitted to the violations and agreed to implement an improved compliance program, as part of a deferred prosecution agreement. OFAC said it planned to credit the penalty money owed by BMJ once the company completes payment of its fine to the Justice Department.

The Office of Foreign Assets Control accepted a settlement from a French bank of than $8.5 million for apparent violations U.S. sanctions against Syria, OFAC said in a Jan. 4 notice. Union de Banques Arabes et Françaises (UBAF) operated U.S. dollar accounts for Syrian financial institutions and “indirectly conducted USD business” for those accounts on behalf of the institutions through the U.S. financial system, OFAC said. UBAF agreed to remit $8,572,500 to settle its potential civil liability for 127 “apparent violations.”

Berkshire Hathaway will pay $4.1 million after its subsidiary illegally exported more than 140 shipments of cutting tools to Iran, the Office of Foreign Assets Control said in an Oct. 20 notice. Iscar Kesici Takim Ticareti ve Imalati Limited Sirket (Iscar Turkey), Berkshire’s Turkish subsidiary, hid the exports from its parent company, which resulted in more than $350,000 worth of orders going to Iranian end-users. Along with the fine, Berkshire committed to a range of sanctions compliance procedures in a settlement agreement with OFAC and will annually certify for the next five years that it is meeting its compliance obligations.

The Office of Foreign Assets Control fined a New York travel services company nearly $5.9 million for violating U.S. sanctions against Cuba, OFAC said in an Oct. 1 notice. The company, Generali Global Assistance, Inc. (GGA), used a Canadian affiliate to evade U.S. sanctions, OFAC said.

A California electronics company was fined about $475,000 after its former Finnish subsidiary illegally exported test measurement equipment to Iran, the Office of Foreign Assets Control said Sept. 24. After Keysight Technologies acquired Anite Finland Oy in 2015, Anite continued to illegally supply equipment to Iranian end-users, hiding the transactions from Keysight, OFAC said. In a settlement agreement, Keysight agreed to implement improved compliance procedures and an annual audit of its compliance program for the next five years.

The Office of Foreign Assets Control fined a New York telecommunications company and its subsidiary nearly $900,000 for exporting goods and providing services to a sanctioned government entity in Sudan. The company, Comtech Telecommunications Corp., exported warrantied satellite equipment and provided services and training to the Sudan Civil Aviation Authority (SCAA), OFAC said in a Sept. 17 notice. Along with the fine, Comtech said in a settlement agreement it will bolster its sanctions compliance program, including more frequent risk assessments, stricter internal controls and improved employee compliance training.

A Pennsylvania cookware coating manufacturer was fined about $824,000 after its foreign subsidiaries violated U.S. sanctions against Iran, the Office of Foreign Assets Control said in a July 28 notice. OFAC said Whitford Worldwide Company subsidiaries in Italy and Turkey illegally exported coatings to Iran, and U.S. company employees oversaw the transactions.

Apple was fined about $465,000 for violations of the Foreign Narcotics Kingpin Sanctions Regulations after it hosted, sold and “facilitated the transfer” of software applications and content belonging to a sanctioned company, the Treasury’s Office of Foreign Assets Control said in a Nov. 25 notice. Apple allegedly dealt in “the property and interests” of SIS d.o.o., a Slovenian software company added to OFAC’s Specially Designated Nationals List in 2015.