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.
OFAC sanction activity
The U.S. District Court for the District of Columbia in a June 13 opinion rejected Russian businessman Oleg Deripaska's challenge to his sanctions listing, granting the Office of Foreign Assets Control's motion for summary judgment. Deripaska, who argued his listing as part of the wave of sanctions in the wake of Russia's annexation of the Crimean Peninsula in 2014 violated multiple procedural and constitutional rights. Deripaska claimed that OFAC violated his Fifth Amendment due process rights by “relying on undisclosed classified information and failing to provide him with adequately detailed unclassified summaries of that information.” Deripaska is a “non-resident alien who lacks sufficient contact with the United States” to bring a due process challenge, Judge Amit Mehta said. Mehta said that “even if the court were to consider Deripaska’s due process claim on the merits, it would reject it” because the International Emergency Economic Powers Act explicitly says that OFAC can rely on classified information in its determinations.
Jessica Johanna Oseguera Gonzalez, a dual U.S.-Mexico citizen and daughter of the leader of Mexican drug trafficking group Cartel de Jalisco Nueva Generacion, was sentenced to 30 months in prison for violating the Foreign Narcotics Kingpin Designation Act, the Department of Justice said in a June 11 news release. Oseguera Gonzalez “engaged in financial dealings” with six Mexican companies that had been designated by the Treasury Department's Office of Foreign Assets Control. She owned two OFAC-designated companies, J&P Advertising and JJGON S.P.R., and was a high-ranking officer at four other listed businesses. Oseguera Gonzalez's father, CJNG leader Nemesio Ruben Oseguera Cervantes, and her uncle, Abigael Gonzalez Valencia, the leader of the Los Cuinis cartel, also were sanctioned by OFAC.
Peter Kucik, a former senior sanctions policy adviser at the Treasury Department's Office of Foreign Assets Control, has joined public strategy firm Mercury as managing director of its Washington, D.C., office, the firm announced in a June 9 email. At OFAC, Kucik helped establish and implement new regulatory systems for different OFAC programs, including for executive orders, license authorizations and international sanctions.
Dave Stetson, former senior lawyer at the Treasury Department's Office of Foreign Assets Control, has joined Steptoe & Johnson's International Trade and Regulatory Compliance Group as a partner in the New York office, the firm announced in a June 1 news release. Stetson previously served as the lead sanctions lawyer for Goldman Sachs' global business lines. At OFAC, Stetson was an attorney-adviser in the Office of the Chief Counsel, where he conducted reviews for OFAC licenses and advised on the drafting of sanctions statutes, executive orders and regulations.
Sanctions compliance is increasingly presenting challenges to companies around the world as more countries turn to sanctions as a foreign policy tool, Baker McKenzie lawyers said. Some recent challenges include the growing emphasis on sanctions enforcement and the due diligence issues presented by countries with little publicly available information on ownership chains, the lawyers said.
The U.S. government seized an oil tanker for delivering petroleum products to North Korea in violation of U.S. sanctions and charged a Singaporean national with conspiracy to evade sanctions, the U.S. Attorney's Office for the Southern District of New York said in an April 23 news release. Kwek Kee Seng of Singapore and the ship, the M/T Courageous, allegedly brought oil to North Korea via ship-to-ship transfers with North Korean ships and direct shipments to the North Korean port of Nampo. The transfers allegedly took place August-December 2019 when the ship stopped transmitting its location. DOJ said satellite imagery revealed the Courageous engaging in the ship-to-ship transfers of more than $1.5 million worth of oil to an OFAC-designated North Korean ship.