Export Compliance Daily is providing this recap of sanctions and export controls enforcement over the past year. Intended to assist export compliance professionals, lawyers and others in the export world stay up to date with current enforcement trends, this guide includes summaries of prominent enforcement actions by the Treasury's Office of Foreign Assets Controls, the Commerce Department's Bureau of Industry and Security, and the Justice Department since Export Compliance Daily began publishing in March 2019.
The Treasury’s Office of Foreign Assets Control identified and sanctioned six ships belonging to Petroleos de Venezuela, Venezuela's sanctioned state-owned energy company, Treasury said in a Dec. 3 press release. The agency also identified the vessel Esperanza as blocked property of Caroil Transport Marine Ltd., which was sanctioned by OFAC in September. Esperanza was previously listed on OFAC’s Specially Designated Nationals List as “Nedas,” Treasury said.
Export Compliance Daily is providing readers with some of the top stories for Nov. 25-29 in case you missed them.
A U.S. electronics and computer component company may have violated U.S. sanctions on Iran and Syria, the company said in a Nov. 7 filing with the Securities and Exchange Commission. Colorado-based Arrow Electronics said a “limited number of non-executive employees … facilitated product shipment” to customers for re-export to people covered by U.S. sanctions on Iran and Syria. The transactions took place between 2015 and 2019 and were valued at about $5,000, the company said. Arrow Electronics said it voluntarily disclosed the potential violations to the Treasury’s Office of Foreign Assets Controls and the Commerce Department Bureau of Industry and Security earlier this year. It also disciplined or fired employees involved in the transactions and said it plans to “cooperate fully” with BIS and OFAC. The company said it is not able to “estimate” the potential penalty it may receive.
The Treasury’s Office of Foreign Assets Control issued guidance on the definition of “maintenance” used in General License K, which allows certain transactions with COSCO Shipping Tanker (Dalian) Co. The guidance was released along with two new Frequently Asked Questions and two updated FAQs, according to a Nov. 27 notice.
The Treasury’s Office of Foreign Assets Control sanctioned Corporacion Panamericana, a Cuban company controlled by U.S.-sanctioned Cubametales, Treasury said Nov. 26. Since it was sanctioned, Cubametales has offered Corporacion Panamericana as an intermediary to companies who decline to do business with Cubametales.
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.
The Treasury’s Office of Foreign Assets Control sanctioned Mohammad Javad Azari Jahromi, Iran’s minister of Information and Communications Technology, Treasury said in a Nov. 22 press release. Azari Jahromi is in charge of a ministry that restricts the country’s internet use and blocked it for several days in November in the wake of anti-regime protests, Treasury said. The ministry also restricts “popular communication platforms,” Treasury said, and Azari Jahromi played a role in launching Iran’s National Information Network, which helps the government “monitor, restrict, and completely block internet usage.”
The Treasury’s Office of Foreign Assets Control is amending the Venezuela Sanctions Regulations by adding recent Venezuela-related executive orders, a recent general license and an “interpretive provision,” OFAC said in a Nov. 22 notice. OFAC is adding a general license “previously posted only on OFAC’s website” that authorizes certain U.S. government activities in Venezuela. The interpretive provision, which involves settlement agreements and enforcements of liens, judgments or “other orders through” the “judicial process,” clarified that the “entry into a settlement agreement … is prohibited unless authorized pursuant to a specific license issued by OFAC.”
The Securities and Exchange Commission’s recent penalty against a U.S. company’s sanctions and anti-corruption violations may be an indication of the SEC’s intent to begin penalizing sanctions violators, according to a Nov. 18 post by Squire Patton Boggs. The penalty marked a “rare foray” by the SEC into sanctions enforcement, the post said, and may signal its aim to explore new ways of policing companies.