Brasseler USA Settles with US for Alleged Violation of Iran Sanctions

Brasseler USA, the U.S. subsidiary of a Canadian medical supply company, and the Treasury Department Office of Foreign Assets Control (OFAC) announced this week that Brasseler has agreed to pay $18,900 to settle potential civil liability for alleged violations of U.S. economic sanctions on Iran.

According to an OFAC civil penalties announcement, OFAC alleged that "on or about February 24, 2006, January 21, 2009, and March 20, 2009, Brasseler exported goods or services to a person in a third country with knowledge or reason to know that such goods or services were intended specifically for transshipment to Iran, without authorization from OFAC. The alleged violations involved three transactions valued at $5,241. OFAC determined that Brasseler did not voluntarily self-disclose the matter to OFAC and that the alleged violations constituted a non-egregious case. The base penalty amount for the alleged violations totaled $21,000."

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.