What is OFAC and what does it do?

The Office of Foreign Assets Control administers and enforces economic sanctions programs primarily against countries and groups of individuals, such as terrorists and narcotics traffickers. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. [09-10-02]

 

Who must comply with OFAC regulations?

All U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches. In the cases of certain programs, such as those regarding Cuba and North Korea, all foreign subsidiaries owned or controlled by U.S. companies also must comply. Certain programs also require foreign persons in possession of U.S. origin goods to comply. [09-10-02]

 

How much are the fines for violating these regulations?

The fines for violations can be substantial. Depending on the program, criminal penalties can include fines ranging from $50,000 to $10,000,000 and imprisonment ranging from 10 to 30 years for willful violations. Depending on the program, civil penalties range from $11,000 to $1,000,000 for each violation. [09-10-02]

 

Source

 

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Don't Get Caught Doing Business with Terrorists!

SDN Search Engine

[ Search OFAC's SDN List ]
Updated: May 19 2009 15:48:18 CDT

The Fastest, Easiest and Most Accurate Way to Search OFAC's SDN List

The US Treasury has given an extension from possible prosecution under the USA Patriot Act. Please keep in mind, the extension only applies to having written procedures in place. Dealers must still check the customer name against the government's SDN (specially designated nationals)  listing of known terrorists and money launderers before any sale.

The Act was passed in October 2001 and all exemptions are expired.

Many dealers are not doing this. You can start using the Government's SDN list to check your customer's name against the U.S. Treasury's listing and be in compliance now.

The government expects you to check the sanctions listing before you do each business transaction. The USA Patriot Act requires is for you to have written procedures in place to prove that you are checking this listing.

OFAC Compliance applies to all US citizens and permanent resident aliens as well as all US formed companies whether located in the US or abroad. However, with the USA Patriot Act of 2001, the President gave new weight to OFAC compliance for all retailers. Jewelers, car dealers, travel agents, and all other retail businesses must now verify that they are not conducting business with or on behalf of a blocked entity. Any company dealing with high ticket items has already had the risk of seeing those purchases used as a way to launder money and establish legitimate looking accounts for those avoiding law enforcement. However, current events have placed all retailers on alert for verifying that they are not conducting business that is against the policies and interests of the United States.

Taking on this level of compliance can seem to be a daunting task. A good starting point is to evaluate what areas of your company possess the highest risk for a compliance violation. Typically they include: credit cards, high ticket business accounts, point of sale transactions, and customer information files. It is important that the solution used for scanning these areas not only be extremely fast, but have a low false positive rate.

If you have procedures and the proper tools in place and slip and allow a sanctioned transaction, they may very well mitigate the fines and punishment (up to $10,000,000.00 / 30 years prison per offense).

If you have nothing in place when it happens, there may be no mitigation and they could make public all persons involved with the illegal transaction. It could ruin your business and devastate your life.

http://www.treas.gov/offices/enforcement/ofac/interim/document2pdf

The Act was passed because so many Americans were performing transactions with terrorists, drug traffickers, money launderers, etc. in defiance or unawareness of the sanction laws.

The reason certain industries, is those industries, including automotive and boat sales, were found to be used by sanctioned persons to siphon clean monies for their illegal use. See note on Section 302 below

Simply, you must know who is on the listing in order to not violate our sanction laws.

The listing is public at http://www.treas.gov/offices/enforcement/ofac/   but is not an easy to use tool.

DealerSoft has developed an extremely fast search engine, that searches an updated SDN list. We do all the updates, convert the raw text data into an indexed database, and all you need to do is search to check the list for persons or organizations who are SDN listed.

Others are charging as much as 125.00 per month for user friendly access to the SDN lists, but we are charging 25.00 per month fo a subscription to our site, and there's nothing to order or download. You simply subscribe online to our site from the link at the top of this page.

Don't get caught without something in place. Also, please contact other business associates to make sure they have procedures in place.

DealerSoft Management

Please Read

Section 302 of the Antiterrorism and Effective Death Penalty Act of 1996 also authorizes the Secretary of State to designate organizations as "Foreign Terrorist Organizations" ("FTOs"). The Act makes it a criminal offense for U.S. persons to provide material support or resources to FTOs and requires financial institutions to block all funds in which FTOs or their agents have an interest. The term "financial institutions" comes from 31 U.S.C. 5312(a)(2) and is defined very broadly. Among the types of businesses covered by Treasury's Foreign Terrorist Organizations Sanctions Regulations, which implement Sections 302 and 303 of the Act, are banks, securities and commodities broker/dealers, investment companies, currency exchanges, issuers, redeemers, and cashiers of traveler's checks, checks, money orders, or similar instruments, credit card system operators, insurance companies, dealers in precious metals, stones or jewels, pawnbrokers, loan and finance companies, travel agencies, licensed money transmitters, telegraph companies, businesses engaged in vehicle sales, including automobile, airplane or boat sales, persons involved in real estate closings or settlements, and casinos. Such "financial institutions" must notify OFAC Compliance about any blocked funds within ten days of blocking. The Act provides for civil penalties to be assessed against financial institutions for failing to block or report the blocking of FTO funds in an amount equal to $50,000 per violation or twice the amount which ought to have been blocked or reported, whichever is greater. Foreign Terrorist Organizations and their agents are integrated into OFAC's alphabetized master list of Specially Designated Nationals and Blocked Persons with an identifier of "[FTO]." They have been separately listed in OFAC's Terrorism: What You Need to Know brochure.

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