Category: The PT Law Blog

Posted on

Brasseler USA Settles with US for Alleged Violation of Iran Sanctions

In addition, the OFAC announcement states that “[t]he settlement amount reflects OFAC’s consideration of the following facts and circumstances, pursuant to the General Factors under OFAC’s Economic Sanctions Enforcement Guidelines, 31 C.F.R. part 501, App. A:

  1. Brasseler’s conduct demonstrated reckless disregard for U.S. sanctions requirements; 
  2. Brasseler’s conduct involved a pattern of concealment whereby the company masked the identities of its Iranian customers; 
  3. management level staff at Brasseler were involved with, and/or were aware of, both the reckless conduct and the fact that the goods or services were destined for Iran; 
  4. Brasseler did not have a compliance program in place at the time of these alleged violations;
  5. The exports at issue likely would have been licensed by OFAC under existing licensing policy; 
  6. Brasseler has not been the subject of prior OFAC enforcement action; 
  7. Brasseler cooperated with OFAC, including by agreeing to toll the statute of limitations.
Posted on

Venezuela’s Chavez Arrests US Ship Captain, Arms Smuggling Allegations

Detaining American citizens in the Western Hemisphere for political purpose is not new. In 2009 a U.S. government contractor, Alan Gross, was detained in by Cuba on alleged espionage charges. Gross remains in prison to this day serving a fifteen year prison sentence. Cuba likely is using Gross case to secure political concessions from the United States.

For example, Cuba wants U.S. sanctions eased as well as securing the release of five Cuban spies serving time in federal prison on espionage charges.  At the time of his arrest, Gross’s lawyers, with the support of several Members of Congress, tried to negotiate Gross’s release as well as defend him in the Cuban legal system. The media frenzy this case first generated was exactly what the Cuban government needed at that time.

Is Hugo Chavez borrowing a page from his mentor in Havana? Time will tell. The political situation in Venezuela is quite tenuous right now for Chavez. If one is to believe the polling data, Chavez could lose the upcoming elections. An American smuggling arms a few weeks before such a critical vote could mobilize his supporters and others. 

Securing the release of Ocean Atlas captain will not be easy. The U.S. Congress reconvenes next week and company officials may already be scrambling to secure guidance and support from key Congressional offices as well as the Obama Administration. For U.S. companies doing business in these countries, factoring in the local politics has always been a consideration in risk mitigation and compliance analyses. As governments start to weaken, as in the case of Cuba and Venezuela, even more so.