The Department of Justice’s recent changes to its voluntary disclosure policies (see 1912130047) could lead to complications for companies and were met with backlash from other enforcement agencies, said Robert Clifton Burns, an export control lawyer with Crowell & Moring. The guidance, which outlined benefits for companies that disclose export control and sanctions penalties, can be interpreted as saying industry should first submit their voluntary disclosures to the Justice Department instead of to other agencies, Burns said.
OFAC sanction activity
Export Compliance Daily is providing readers with some of the top stories for Aug. 10-14 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Office of Foreign Assets Control sanctioned four people in Uganda for their involvement in an adoption scam, an Aug. 17 news release said. OFAC said the people visited “vulnerable” families in remote villages and promised to take their children to receive an education but instead offered them for adoption to U.S. visitors. OFAC sanctioned two Ugandan judges, Moses Mukiibi and Wilson Musalu Musene; Ugandan lawyer Dorah Mirembe; and Mirembe’s husband, Patrick Ecobu, for carrying out the scheme. Mirembe and Ecobu allegedly bribed the two judges and other Ugandan officials to carry out the adoptions in Ugandan courts.
The Office of Foreign Assets Control fined a U.S. person $5,000 for buying jewelry, meals, clothing, hotel rooms and other gifts for a person on the Specially Designated Nationals List. The U.S. person, who OFAC did not name, was a civilian hire stationed by the U.S. Army at the U.S. Embassy in Bogota, Colombia, during the violations, according to an Aug. 11 notice.
The Office of Foreign Assets Control issued guidance on its Sudan program and Darfur sanctions and removed and revised Sudan-related FAQs. The guidance, issued Aug. 11, clarifies that U.S. people and companies are no longer subject to OFAC’s Sudanese Sanctions Regulations but may be designated under the agency’s Darfur sanctions or captured by Commerce Department export controls.
The Office of Foreign Assets Control is amending the base civil penalty amount for certain sanctions violations to reflect inflation adjustments for its civil monetary penalties, a notice released Aug. 10 said. The change, which takes effect Aug. 11, revises the definition for OFAC’s “applicable schedule amount,” which establishes a base penalty for non-egregious sanctions violations cases that do not involve a voluntary self-disclosure.
The Office of Foreign Assets Control on Aug. 7 sanctioned Bi Sidi Souleymane, leader of the Central African Republic militia group Return, Reclamation, Rehabilitation (3R). OFAC said Souleymane was involved in killings, torture and the displacement of thousands of people. The move came days after the United Nations Security Council sanctioned Souleymane (also spelled Souleman and Soulemane) (see 2008060019).
A U.S. technology company is being investigated by the Office of Foreign Assets Control for possible Iran sanctions violations, the company said in an Aug. 4 Securities and Exchange Commission filing. California-based Harmonic Inc. said OFAC is looking into transactions made with Iran by France-based Thomson Video Networks, which Harmonic acquired in 2016. The company said it may be subject to civil, criminal and monetary penalties, the loss of export privileges or “in extreme cases, imprisonment of responsible employees.”
The Office of Foreign Assets Control sanctioned three people, one entity and one vessel for using Libya to smuggle fuel and illegal drugs, OFAC said Aug. 6. The designations target Libyan national Faysal al-Wadi, his vessel Maraya, his two associates Musbah Mohamad Wadi and Nourddin Milood Musbah, and the Malta-based company Alwefaq Ltd.
The Office of Foreign Assets Control sanctioned Zimbabwean businessman Kudakwashe Regimond Tagwirei and his company, Sakunda Holdings, for supporting Zimbabwe’s government, OFAC said Aug. 5. OFAC said Tagwirei used his relationship with government officials to secure state contracts and “receive favored access to hard currency,” earning millions of U.S. dollars.