FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
OFAC announces exceptions policy on new maximum Civil Penalty
29 November 2007

The Office of Foreign Assets Control, OFAC, has announced that the enhanced civil penalties for IEPPA violations, promulgated on 16 October by President Bush, will be applied to most pending cases where a Final Penalty Notice has not yet been issued. This is bad news for all financial institutions whose penalties are still in various stages of processing. If your institution has a pending case, it is critical that you review the policy statement to ascertain exactly what your status is.

The three categories of affected parties who appear to be the exceptions to the OFAC enhanced penalties:
  • PPN Notice - If a Pre-Penalty Notice was mailed to you before 16 October, you will only be hit with the stated penalty, and not the enhanced fees.
  • Tentative Settlement Amount communicated in writing - you will apparently get the benefit of that amount.
  • Statute of Limitations waivers - if the bank has signed an SOL waiver, the penalty before 16 October. the penalty will be calculated as of teh date of signing.
Remember, the new enhanced penalty is the greater of $250,000 or twice the amount of the transaction which is the basis of the violation for which the penalty is imposed.

The text of the document can be found at:

http://www.treas.gov/offices/enforcement/ofac/civpen/penalties/interim_pol_11272007.pdf

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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