Although many of the U.S. sanctions against Russia have been in place for months, companies are still dealing with a range of compliance challenges, Crowell & Moring trade lawyers said this week, especially involving Russia-related service restrictions. They also said they don’t expect the pace of sanctions to slow anytime soon, especially as the U.S. ramps up enforcement efforts this year.
SDN List
The Office of Foreign Assets Control publishes a list of individuals and companies subject to sanctions imposed by the agency. Sanctioned parties are known as “Specially Designated Nationals,” and the list, one of several sanctions lists issued by OFAC, is called the SDN List. Assets of individuals and companies on the SDN List are generally blocked.
The Office of Foreign Assets Control Dec. 30 fined a multinational Danish-based refrigeration manufacturer more than $4.3 million for violating U.S. sanctions against Iran, Syria and Sudan. Danfoss, which also sells air conditioners and other cooling and heating products, illegally directed customers in all three countries to make payments through a U.S. financial institution, OFAC said in an enforcement notice. The company also made illegal payments to entities in Iran and Syria.
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 fined Amazon more than $130,000 for violating several U.S. sanctions programs and failing to follow reporting requirements for hundreds of transactions. Amazon processed online orders sent to a range of sanctioned countries in the Middle East and Asia and did not follow the agency’s reporting requirements for more than 300 transactions conducted under a Crimea general license, OFAC said in a July 8 notice. OFAC said the violations were caused by “deficiencies” in Amazon's sanctions screening program.
An Iranian businessman was sentenced to 46 months in prison for illegally exporting carbon fiber from the U.S. to Iran, the Justice Department said Nov. 14. Behzad Pourghannad worked with two others between 2008 and 2013 to export the carbon fiber to Iran from third countries using falsified documents and front companies, the agency said.
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.
It may only be a matter of time before countries create a trade payment system to avoid U.S. sanctions, said David Mortlock, a trade lawyer and senior fellow with the Atlantic Council.
The U.S., the European Union and Canada announced additional Russian sanctions stemming from Russia's actions in Ukraine, according to media reports and a March 15 announcement by the U.S. Treasury Department. Treasury's Office of Foreign Assets Control added six people and eight entities to its Specially Designated Nationals List, OFAC said in a notice, while Canada reportedly imposed sanctions on 114 people and 15 entities and the EU targeted eight security service officials and military commanders. Individuals or companies who trade with any of the blocked people or entities may be penalized under U.S. sanctions.