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February 08, 2008 

OFAC Set to Bring Enforcement Actions Against Sudan Sanctions Violators

Reuters reports today that the Treasury Department's Office of Foreign Assets Control (OFAC) will soon bring a number of civil enforcement actions against companies that have violated U.S. sanctions on Sudan. The article quotes OFAC Director Adam Szubin as saying that:

"Agents had built up a 'queue' of enforcement actions against violators that will be rolled out in as early as a month's time" and that "Sudan is at the top of our list, among our most serious concerns. We are investigating a number of significant Sudanese violations."
The article notes that OFAC is waiting for the publication of the new enforcement guidelines and procedures to implement the IEEPA Enhancement Act before bringing the enforcement actions.

As most U.S. exporters know by now, on October 16, 2007, the President signed into law the International Emergency Economic Powers Enhancement Act that increased the maximum civil penalty applicable to violations of the Export Administration Regulations and many sanctions programs administered by OFAC. The new maximum civil penalty is the greater of $250,000 or an amount that is twice the amount of the underlying transaction. These new penalty amounts are applicable to all violations with respect to which enforcement action is pending or commenced on or after October 16, 2007.




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