Archive for the ‘Embargoes’ Category

U.S. Targets Foreign Financial Institutions for ‘Causing’ Violations of Sanctions Regulations

Tuesday, July 20th, 2010 by admin

By: Christopher R. Wall and Thomas M. deButts

The U.S. Department of Justice and the New York District Attorney’s Office, together with the Office of Foreign Assets Control and federal and state bank regulators, have brought a number of cases in 2009 – 2010 against foreign financial institutions that clear dollar transactions through the United States involving prohibited entities and individuals under U.S. sanctions regulations. In the past, banks not subject to U.S. jurisdiction have generally avoided penalties under these regulations. The U.S. Government, however, has widened its enforcement to target financial institutions outside the U.S. for allegedly “causing” U.S. persons to violate U.S. sanctions regulations. (more…)

Actual and Attempted Iran Shipments worth $63,511 Result in Denied Party Status

Friday, April 16th, 2010 by Danielle McClellan

Aviation Services International (“ASI”), Robert Kraaipoel, and Niels Kraaipoel reached settlement agreements with the Commerce Department for their involvement in illegal shipments from the US via third countries to Iran and for some apparently foiled attempts to do so.  The three parties agreed to be placed on the Denied Parties List:  Seven years each for ASI and Robert, three years for Niels.  Apparently, two of their three attempts to send stuff illegally to Iran failed to reach Iran.  I guess that goes to show that even if you are not a good illegal exporter, you can get in a lot of trouble. (more…)

Need Export Compliance Training?

Friday, September 25th, 2009 by Danielle McClellan

One of the most obvious trends in US export and reexport controls is the dramatic increase in the number of enforcement cases for companies charged with violating US rules.  If you add complicated export and reexport regulations to the fact that potentially hundreds of employees in a single facility may export technical data, software or hardware, company compliance personnel certainly are under a lot of pressure to keep their companies out of trouble.  Training has to be a critical element of any company’s export compliance program, whether you have a team of export specialists or one person responsible for export controls.  Without consistent education on the EAR and ITAR you and your company are very susceptible to running afoul of the complex and changing regulations.

The Export Compliance Training Institute (“ECTI”) has created its e-Seminars to deliver expert training to individuals and companies that need training but don’t have the travel budget or the time to travel to a live, in person seminar. ECTI’s e-Seminars offer an in-depth understanding of the current regulations and what you need to do to keep your company compliant – without leaving your desktop. Two e-Seminars are available:  US Export Controls and US Defense Trade Controls.  John Black and Maarten Sengers, two of the world’s leading export compliance experts and teachers, are the e-Seminar instructors.

e-Seminars include video presentations, seminar slides and our seminar manuals on a usb drive with free next day shipping to the 50 US Continental States.

For more information go to learnexportcompliance.com/training/e-seminars.php

Bank Pays nearly $6 Million for Hiding Embargoed Country Information

Sunday, August 30th, 2009 by Danielle McClellan

The Australia and New Zealand Banking Group, Ltd. will be remitting $5,750,000 to settle allegations that it violated the Sudanese Sanctions and Regulations and the Cuban Assets Control Regulations. This settlement involves 16 transactions totaling $28 million involving violations of the Sudanese sanctions and 15 transactions worth $78 million with regard to the Cuban sanctions. (more…)

Slinging Mud? Boston.com Hints at Hewlett Packard Illegal Exports to Iran

Tuesday, December 30th, 2008 by John Black

A recent article at boston.com put Hewlett-Packard in the spotlight of what it thinks are illegal sales to Iran. The article describes how HP sells its products to Redington Gulf, a third-party distributor, who then sells the products to companies in Iran. Companies who, “have knowledge or reason to know” that their goods are intended for Iran can be charged with administering the sanctions by OFAC. HP claims it has “no knowledge” that Redington Gulf sells its printers to anyone in Iran.

Under the OFAC rules, HP’s actions might be completely legal because the rules allow US exporters to deliver products to a foreign company reseller even if the US company knows the reseller might eventually deliver a portion of its inventory to Iran-delivery of an inventory not substantially intended for Iran does not mean the exporter has “knowledge” under US Iran embargo rules. If an exporter has a shipment that it knows or suspects is specifically (or substantially) destined for Iran, the exporter may not export. In certain cases, the US embargo on Iran does not prohibit foreign-made HP printers with minimal US content to be sold to Iran.

(more…)

GAO Study Says US Embargo on Iran Is Ineffective

Friday, January 25th, 2008 by Danielle McClellan

In 2006, the U.S. National Security Strategy stated that the United States was facing challenges from Iran and its efforts and involvement in international terrorism. The GAO has since reviewed U.S. sanctions against Iran and the impact it has had and reviewed numerous data relating to Iran’s economy and energy sector.

After conducting research, the GAO concluded that Congress should consider requiring the National Security Council and key agencies to:

  1. Assess data on Iran sanctions and complete an overall baseline assessment of sanctions
  2. Develop a framework for ongoing assessments
  3. Periodically report the results to Congress

Officials did report that U.S. sanctions involving Iran has slowed foreign investment in the country’s petroleum sector, however other evidence indicates that the extent of the reported impact. (more…)

State Clarifies UN Sanctioned Countries in ITAR

Wednesday, December 19th, 2007 by Danielle McClellan

On December 19, 2007, the Department of State issued an amendment to the International Traffic in Arms Regulations concerning exports and sales which were prohibited by United Nations Security Council embargoes. The amended list will add countries subject to such embargos. The current list includes: Cote d’Ivoire, Democratic Republic of Congo, Iraq, Iran, Lebanon, Liberia, North Korea, Rwanda, Sierra Leone, Somalia, and Sudan.

More information:

Federal Register 72FR71575.pdf (PDF)

OFAC Makes Common Sense Adjustment to US Trade Embargoes

Thursday, August 30th, 2007 by John Black

In the August 30, 2007 Federal Register, the Office of Foreign Assets Control (OFAC) made several amendments to the Cuban Assets Control Regulations, Burmese Sanctions Regulations, Sudanese Sanctions Regulations, and Iranian Transactions Regulations to extend the general licensing to cover services in connection with written publications. A key element of the amendments applies to electronic publications that are already exempt from OFAC jurisdiction. The amendments extend the exemption for informational materials to also apply to embedded software that is embedded in the informational materials and used to search, view or read the electronic publications.

Mullah-ing Over the Iranian Aircraft Industry

Thursday, June 30th, 2005 by Scott Gearity

Next time you board an airplane and immediately start grumbling over the lousy legroom or indifferent attitude of the (now probably pension-less) cabin crew, spare a thought for the poor Iranian air passenger.  A quarter-century of more-or-less steadily escalating US sanctions prohibiting sales of aircraft and aircraft parts have taken their toll on commercial aviation there.  Iran is now one of the most dangerous places in the world to fly – not in absolute terms but certainly compared to your chances in other countries.  And of course we are not even considering here the more direct actions the US has taken against Iranian commercial aviation.  The comprehensive US embargo has taken its toll on the Iranian aviation industry.

(more…)

US Trade Embargoes Updates

Thursday, January 1st, 2004 by John Black

Press reports around the globe have been publishing articles about potential sanctions or lifting of sanctions on various countries. Though there has been a lot of sanctions talk these days, as of today there have been few actual changes. As of January 1, 2004, the following is the status of sanctions of key countries listed in reports.

Syria

President Bush recently signed into law legislation that allows the imposition of sanctions (embargo) against Syria. The legislation essentially allows the President to impose an embargo at his discretion should Syria fail to meet certain benchmarks relating to Syrian troops in Lebanon and the Middle East peace process. The President has not imposed these sanctions, so as of this moment, Syrian controls remain as they have been, with non-EAR99 items require export and reexport licenses.

Libya

The US Libya embargo remains in full effect. After the Lockerbie settlement, in which Libya agreed to compensate families of the victims of the aircraft bombings, the UN lifted multilateral sanctions on Libya. However, the US maintained their unilateral sanctions on Libya, with all export from the US requiring licensing from Treasury and all reexports requiring licenses under the Export Administration Regulations. The US maintained unilateral sanctions out of concern for ongoing weapons proliferation programs.

Libya strong man Muammar Qadaffi recently has taken dramatic steps to end these weapons programs and to open the country up to inspectors in an attempt to have the US sanctions lifted. The US is likely to remain cautious in lifting sanctions. Though continued progress may result in an eventual lifting of the embargo, there does not appear to be any immediate movement on the US side to lift sanctions.

Iran

In a Treasury Press release issued on December 31, 2003 (see http://www.treas.gov/press/releases/js1076.htm), the Office of Foreign Assets Controls eased sanctions on Iran for transactions related to humanitarian relief for the earthquake victims in Bam. Contrary to some press reports which indicate a broader easing of sanctions, the changes are actually very limited in scope. They authorize cash donations to NGO’s for the earthquake victims, authorize humanitarian relief activities, and fast track licensing of NGO’s authorizing relief activity in Iran. There is no other movement to lift the embargo on Iran.