OFAC

The Office of Foreign Assets Control’s August penalty against a Romanian bank and its U.S. parent company underscored the various sanctions risks during acquisitions and the many compliance issues foreign subsidiaries can cause for their owners, law firms said. The settlement agreement particularly served as a reminder to non-U.S. companies that OFAC’s sanctions jurisdiction can extend far beyond the U.S., and there are “no shorthand compliance measures that can guarantee protection,” Arnold & Porter said in a September alert.

A Romanian bank and its U.S. parent company were fined about $860,000 by the Office of Foreign Assets Control for violating U.S. sanctions against Iran and Syria, OFAC said in an enforcement notice. Romania-based First Bank SA processed nearly 100 transactions worth about $3.5 million through U.S. banks on behalf of sanctioned parties, the notice said. The bank continued to process transactions for Iranian customers after it was acquired by U.S.-based JC Flowers in 2018.

The Treasury Department’s Financial Crimes Enforcement Network fined one of the world’s largest cryptocurrency exchange companies $100 million for failing to maintain a compliant anti-money laundering program, which violated the Bank Secrecy Act, according to a recent penalty notice. The violations also exposed other BitMEX compliance issues, including its deficient sanctions screening.

President Joe Biden issued a new executive order to expand existing U.S. sanctions authorities against Belarus and issued a host of new designations targeting the country’s government for last year’s “fraudulent” presidential elections. The Aug. 9 order authorizes sanctions against a broad range of government officials, oligarchs, entities and private companies, including those operating in Belarus’ defense, energy, security, potassium chloride, transportation and construction sectors. Sanctions are also authorized against people or entities with links to “public corruption” in Belarus or transactions deemed to be “deceptive or structured” to evade U.S. sanctions on behalf of the Belarusian government.

The Office of Foreign Assets Control fined a New York online money transmitter and provider more than $1.4 million for violating U.S. sanctions on the Crimea region of Ukraine, Iran, Sudan and Syria. Payoneer came to a settlement agreement with OFAC after illegally processing more than 2,000 payments for parties in sanctioned countries, OFAC said in a July notice. The fine was OFAC’s third highest this year.

The Office of Foreign Assets Control sanctioned a senior Cuban official and a government agency for their involvement in the repression of pro-democratic protests on the island this month, OFAC said July 22. The designations target Alvaro Lopez Miera, the Cuban defense minister, and the Brigada Especial Nacional del Ministerio del Interior (also known as the Boinas Negras or the Black Berets). “This is just the beginning,” President Joe Biden said in a July 22 statement. “The United States will continue to sanction individuals responsible for oppression of the Cuban people.”

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.

The U.S. released an advisory to highlight the sanctions and export controls risks for companies doing business in Hong Kong and announced a new set of Hong Kong designations July 16. The advisory, issued by the State, Treasury, Commerce and Homeland Security departments, describes “considerations” for businesses operating in “this new legal landscape,” which includes several sanctions regimes targeting Beijing and Hong Kong.

A shift toward list-based sanctions and a rise in federal government compliance expectations are causing increasing challenges for the compliance community, compliance professionals said. At the center of those challenges are the designations imposed by the Treasury Department’s Office of Foreign Assets Control, which is setting a high bar for due diligence by more clearly describing its compliance expectations in settlement agreements.

The U.S. and several allies announced a host of new sanctions against people and entities responsible for the Belarusian government’s disputed 2020 presidential election and recent human rights abuses. The sanctions, coordinated with Canada, the European Union and the United Kingdom, also target Belarus and President Alexander Lukashenko’s government for the forced diversion of a commercial plane last month to arrest a journalist, the U.S. Treasury and State Department said June 21. Treasury’s Office of Foreign Assets Control also issued a new general license to authorize certain transactions with Belarus and published additional sanctions guidance.