http://www.exportlawblog.com/archives/254 Latest News on DDTC, BIS, OFAC, and other export law matters Wed, 07 Jan 2009 03:28:16 +0000 http://wordpress.org/?v=2.5.1 http://www.exportlawblog.com/archives/254#comment-5704 Clif Burns Fri, 16 Nov 2007 15:47:57 +0000 http://www.exportlawblog.com/archives/254#comment-5704 Good point as to whether the conduct might have supported multi-count penalty claims, although it's hard to see how that might be done with what appears to be one transaction that was rejected rather than blocked. It's also unlikely that it was a willful violation and subject to the $50k penalty. Still that's also possible. OFAC could eliminate much of this confusion if it brought more transparency to its penalty process. Good point as to whether the conduct might have supported multi-count penalty claims, although it’s hard to see how that might be done with what appears to be one transaction that was rejected rather than blocked. It’s also unlikely that it was a willful violation and subject to the $50k penalty. Still that’s also possible. OFAC could eliminate much of this confusion if it brought more transparency to its penalty process.

]]> http://www.exportlawblog.com/archives/254#comment-5703 Ex-OFAC Fri, 16 Nov 2007 15:30:27 +0000 http://www.exportlawblog.com/archives/254#comment-5703 The comment comparing the Wachovia penalty with those for SKE and Rita doesn't make sense unless we knew the size of the Wachovia payment, and whether it was occurred in circumstances that would support a multi-count penalty action. It could easily be that multiple potential counts were reduced to one count, or that the $11k represents a tiny fraction of a substantial transfer. The comment comparing the Wachovia penalty with those for SKE and Rita doesn’t make sense unless we knew the size of the Wachovia payment, and whether it was occurred in circumstances that would support a multi-count penalty action. It could easily be that multiple potential counts were reduced to one count, or that the $11k represents a tiny fraction of a substantial transfer.

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