Ancient artifact from Iran seized by US Customs.

Seized Iranian vase, source: CBP.gov

U.S. Customs and Border Protection (CBP) Officers in Kentucky seized a shipment containing an antique amber glass bottle believed to be an antique from the 9th to 10th century. CBP officers forwarded the antique to a subject matter export who examined the bottle and determined the bottle was from Iran between the 11th and early 13th centuries.

The shipment from the UK bound for an address in Colorado was unfortunately seized for Office of Foreign Asset Control (OFAC) violations. As you are aware, current OFAC rules prohibit the importation of goods or services from Iran. OFAC is a department under the U.S. Treasury and enforces economic and trade sanctions against certain countries and individuals who are believed to be involved with terrorism, narcotics, human trafficking or other illegal and disreputable activities.

Besides OFAC issues, CBP also helps protect cultural property and keeps antiques with their rightful owners. The seized Iranian vase will be returned to Iran.

In addition to merchandise from Iran, OFAC regulations prohibit importation of goods and services from Cuba, Burma (Myanmar), and most of Sudan. Certain exceptions can be made but do require an OFAC license for those importations.

If you have any questions about OFAC enforcement or compliance, contact David Hsu by phone/text anytime at 832-896-6288 or by email at: attorney.dave@yahoo.com.

Department of Justice charges Indonesian citizen and companies with exporting goods to Iranian airline Mahan Air.

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According to a Department of Justice (DOJ) filing found here, the DOJ charged an individual Indonesian citizen and several Indonesian based companies for violating US export control of goods to Iran. Specifically, the charged individual and companies worked together to export goods originating from the US to Iranian airline Mahan Air. The complaint says the Indonesian national and companies shipped goods owned by Mahan Air through the following Indonesian companies: PT MS Aero Support (“PTMS”), PT Kandiyasa Energi Utama (“PTKEU”) and PT Antasena Kreasi (“PTAK”) .

The charge against the defendants include (i) unlawful and attempted export to an embargoed country, (ii) conspiracy to launder monetary instruments and (iii) false statements.

If you do not want to be the subject of DOJ investigation, call experienced trade controls attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com. Initial consultations are free, contact us to figure out how to protect you and your company from the many hazards of exporting US goods overseas.

Chinese-owned very large crude carrier changed name to evade oil sanctions.

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According to Reuters, a Malaysia-bound boat named the Pacific Bravo carrying a potential $118 million USD of crude oil disappeared and reappeared under a new name, the Latin Venture. The newly named Latin Venture has the same unique identification number as the Pacific Bravo: IMO9206035. As the unique identification number stays with the ship, the new name suggests someone was trying to avoid Iran oil sanctions. This prompoted the US government to warn parts in Asia to not allow the ship to dock. The shipment of Iranian crude oil violates economic sanctions in place against doing business with Iran.

The Trump administration reimposed sanctions on Iran in November and withdrawing from the 2015 Iran deal aimed at limited Iran’s nuclear program. And in an effort to reduce Iran’s oil sales, this past May the US ended sanction waivers to some importers of Iranian oil.

If you want to be sure your exports are in compliance with the current Iranian sanctions, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

OFAC reaches settlement with Kollmorgen over Iran sanctions violations.

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According to a press release from the U.S. Department of the Treasury:

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a $13,381 settlement with Kollmorgen Corporation (“Kollmorgen”) of Radford, Virginia. Kollmorgen has agreed to settle potential civil liability on behalf of its Turkish affiliate Elsim Elektroteknik Sistemler Sanayi ve Ticaret Anonim Sirketi (“Elsim”) for six apparent violations of Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (ITSR). The apparent violations involved Elsim dispatching employees to Iran to service machines and providing other services to Iran in violation of ITSR § 560.215. OFAC determined that Kollmorgen voluntarily self-disclosed the apparent violations on behalf of Elsim and that the apparent violations constitute a non-egregious case.

If you have any questions about the Iran sanctions, want to update your OFAC compliance program or have concerns that your company or any affiliate is violating OFAC sanctions on Iran, call David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

3 European countries create “Instex” to avoid US sanctions against Iran.

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As you are aware, after taking office, President Trump pulled the US out of the Iran nuclear deal negotiated by then-President Obama. Negating the deal also resulted in the imposition of banking sanctions Iran.

In order to continue doing business with Iran, European leaders from Britain, France and Germany created a new company called the “Instrument in Support of Trade Exchanges” or Instex for short.

The Instex corporation was registered in France as a “special-purpose vehicle” on Thursday and will be run by a German banker.

As expected, the State Department issued a statement saying “entities that continue to engage in sanctionable activity involving Iran risk severe consequences that could include losing access to the U.S. financial system and the ability to do business with the United States or U.S. companies”.

It will be interesting to see whether any companies take this risk and will post any Instex as it becomes available.

If you have any questions about the Iran sanctions or want to ensure your company is in compliance with export controls, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Huawei CFO arrested in Canada for violating U.S. sanctions on Iran.

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According to Bloomberg – Huawei’s CFO, Wanzhou “Sabrina” Weng was arrested in Canada on December 1st over Huawei’s potential violations of U.S. sanctions on Iran. Sabrina Weng is the deputy chairwoman and daughter of Huawei founder Zhengfei Ren.

The arrest prompted China’s embassy in Canada to demand Sabrina be released and for the US and Canada to “rectify wrongdoings” and to “to clarify the grounds for the detention, to release the detainee and earnestly safeguard the legitimate rights and interests of the person involved”.

It is not known when or if Sabrina will be expedited to the US.

Check back for more updates as they are available. If you have any questions about your company’s compliance with US export controls and or want to ensure your company is in compliance with all the sanctions and laws regarding exporting, contact David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.