Category: Best Practices

According to Treasury Department statistics, during the first six months of 2019, the Office of Foreign Assets Control (OFAC) has issued nearly $1.3 billion in penalties. That represents 18 settled cases and is an amount which is 17 times greater than all of 2018 (when there were seven settled cases.) The totals for OFAC penalties...

On June 20, 2019, the Department of Justice announced that Walmart and its wholly owned Brazilian subsidiary plead guilty and agreed to pay a combined criminal penalty of $137 million to resolve allegations of violations of the Foreign Corrupt Practices Act (“FCPA”). The fines include $728,898 in criminal penalties, $3,694,490 in criminal forfeiture, plus a...

So, you think your computer is fast?  The U.S., China, the European Union and Japan are in a race to build exaflop-capable supercomputers.  These machines would be capable of processing 1 quintillion - or 1,000,000,000,000,000,000 - calculations per second.  In the latest action to help the United States in this race, on June 24, 2019,...

This past December, at the American Bankers Association/American Bar Association Financial Crimes Enforcement Conference, Treasury’s Under Secretary Sigal Mandelker spoke to his audience on the Office of Foreign Assets Control’s (OFAC) Compliance Commitments. While acknowledging that because U.S. economic sanctions can apply to all types of industries and businesses and there may not be a...

Like many trade compliance professionals, I go out and peruse various trade compliance newsletters, the U.S. government agencies websites, and other media to keep up-to-date on compliance issues.  Recently, my attention was caught by a case involving Darling Industries of Tucson, Arizona. A closer look at Empowered Officials On February 28, 2019, the Directorate of...

If you’ve spent any time in trade compliance, you’ve probably come across the term “reasonable care.”  But what, exactly, does that mean?  The ambiguous nature of this phrase has caused many different interpretations over the years.  Let’s review some practical ways to apply this principle to your global trade compliance program. The idea of “reasonable...

Last week, FLIR Systems, Inc. entered into a Consent Agreement with Department of State, Directorate of Defense Trade Controls (“DDTC”) to settle allegations of violations of the International Traffic in Arms Regulations (“ITAR”). There were 347 alleged violations cited in the Proposed Charging Letter. These violations included 219 counts of unauthorized exports to Foreign-Person employees;...

Just like cooler temperatures and falling leaves are the harbingers of autumn, so too are the notifications that will soon be arriving from U.S. Customs and Border Protection (CBP) that your company has been selected for a Focused Assessment. What can you do to prepare for one of these assessments? How can you ensure that...

Have you ever struggled to determine the responsibilities and parties in a routed export transaction? If so, you’re not alone! Routed transactions make even the most experienced exporters pause. They have been described as dreaded, confusing, mysterious and complicated! In an effort to give the trade community the chance to comment and provide feedback on...

Have you ever travelled to a foreign country with your laptop or other electronic device? Are you planning to? These days, answers to these questions will almost unanimously be “yes.” But did you know that U.S. Customs and Border Protection (CBP) has the right to search – and if necessary, detain – your electronic device...