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Feb

22

OFAC Whacks Texas Condo Association under Liberia Sanctions


Posted by at 7:13 pm on February 22, 2012
Category: OFAC

Richland Trace CondosThe Office of Foreign Assets Control (“OFAC”) was feeling left out as the one branch of Treasury not tangled up in the foreclosure crisis, so it decided to take a whack at a condominium association that was just trying to get paid past due condo fees on a foreclosed condominium. Under the guise of penalizing Charles Taylor of Liberia and his cronies, OFAC instead penalized a bunch of condo owners in Texas who probably thought that Liberia was a trendy hangout in New York for liberals. According to the latest penalty release issued yesterday, OFAC fined the Richland Trace Homeowner’s Association $9,000 in connection with a court-ordered and OFAC-licensed foreclosure of a blocked condominium which resulted in a payment of $9,500 in past due condominium fees to Richland Trace.

At issue was a condo owned by Richard Chichakli, an alleged associate of Viktor Bout. Chichakli was added to the SDN list by OFAC in 2004. You can read his side of the story here, at least until OFAC goes after the hosting provider for Chichakli’s site. (How many U.S. hosting providers do you think check the SDN list before providing web hosting services to U.S. individuals?)

Once Chichakli became an SDN, it obviously became impossible for him to pay his mortgage or his condo fees, which led to the foreclosure on his condo. Now here is the fishy part. Apparently, the condominium association, and not the bank, filed for and obtained the court order of foreclosure and had received an OFAC license to do so. Even so, OFAC objected to Richland Trace receiving any of the condo fees from the foreclosure relying on a provision of the license stating that it did not cover ““any taxes, costs, or legal, administrative, or other fees incurred or accruing prior to the court authorized foreclosure of the Blocked Premises . . . .”

Apparently, OFAC gave the condominium association a license to foreclose on the blocked condo, but believed that only authorized the foreclosure payments to go to the bank. Certainly the license wasn’t clear about that or the condo association would never have spent the money on the foreclosure action. And since the association no doubt premised its request to OFAC to foreclose on the basis of the funds owed to the association, it seems reasonable for the condo association to have believed that the license covered those fees and that the language cited above referred to other incidental costs.

That was the association’s first (and last) mistake: believing that OFAC was reasonable.

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Copyright © 2012 Clif Burns. All Rights Reserved.
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Feb

20

A Fool for a Lawyer


Posted by at 12:30 pm on February 20, 2012
Category: Arms ExportCriminal Penalties

Guy SavageClarence Darrow once said that a man who represents himself has a fool for a lawyer and an idiot for a client. And that seems to be aptly demonstrated by the antics of Londoner Guy Savage who is waging a pro se war against his extradition from the U.K. to the United States in connection with allegations that he smuggled gun parts out of the United States to his business in the United Kingdom without a license. These antics are richly detailed in a recent article in The Tennessean.

Employees of Savage’s U.S. operation pleaded guilty to charges that they violated the Arms Export Control Act in connection with the parts shipment scheme. Since then, Savage, who was arrested by British authorities, has been battling extradition, both in the U.K. and the U.S. A U.K. magistrate approved Savage’s extradition back in November. Meanwhile, Savage, who is appealing that order, has been hurling paper at his soon-to-be judge in the U.S. Although his argument that the U.S. lacks jurisdiction over him has some force, the same cannot be said for the $250 milliion invoice which he sent to the judge for payment and representing claimed losses to his business resulting from the prosecution. He also

claims that the United States, the Department of Justice and the U.S. District Court are “legal fictions.” In one document, Savage denies “that I am a person.”

The “I am not a person” defense is a novel, albeit usually unsuccessful, defense premised on the defendant’s claim that he is actually a unicorn and that, since prosecutions of imaginary creatures are illegal, he must be acquitted.

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Copyright © 2012 Clif Burns. All Rights Reserved.
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Feb

13

U.S. Threatens Thales Alenia Space over “ITAR-Free” Satellite


Posted by at 7:27 pm on February 13, 2012
Category: ChinaDDTC

China W3C LaunchReuters has obtained a copy of a State Department letter to Congressional staff on the simmering feud between the State Department and Thales Alenia Space over the W3C satellite that Thales sold to the Chinese and which the Chinese have launched. Thales has claimed, but the State Department refuses to believe, that the W3C satellite was “ITAR-free” and could be shipped to China without violating the U.S. embargo on exports to China of satellites and other space vehicles.

The State Department’s efforts to investigate whether U.S. components or technology were incorporated into the W3C satellite, in contravention of the claim that it is “ITAR free,” have been stymied by Thales’s invocation of a French blocking statute which forbids French companies from supplying documents or information to be used in foreign governmental investigations. According to the Reuters report, the State Department letter to Congress acknowledged that the blocking statute would make Thales unable to comply with its investigative requests but nevertheless suggested that the result might be a blanket ban on exports by U.S. companies to Thales.

Needless to say such an action barring exports to Thales would deal a heavy blow to Thales and to the bottom lines and jobs at U.S. suppliers to Thales. Such a ban could force Thales to revamp many of its product lines and would certainly strain French-American relations, not to mention the possibility that the Congressional cafeterias would revert to serving freedom fries and freedom vanilla ice cream again. Worse yet, ordinary Americans might have to start referring to some of their dogs as freedom poodles and certain hairstyles as freedom twists.

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Feb

8

The Third Deadly Sin


Posted by at 11:45 pm on February 8, 2012
Category: Arms ExportCriminal PenaltiesDDTCGeneral

Space CircuitryA California man has been indicted in connection with his attempt to export radiation hardened, space qualified chips to the People’s Republic of China without an export license. The indictment, if true, tells an interesting tale.

According to the indictment, which was unsealed on Monday, the defendant Philip Chaohui He owned and operated a company called Sierra Electronic Instruments, of which he was the only employee. Estimated sales revenues for 2010 were $110,000. I was unable to locate any website for the company, and the company’s web footprint consisted of two sparse directory entries.

Even so, He and Sierra got their hands on $549,654 worth of radiation hardened, space qualified memory chips from Aeroflex, a Colorado Springs chip designer and manufacturer. Seven months later, He drove his car to the Port of Long Beach and to a PRC-flagged ship there which had recently arrived from Shanghai and was scheduled to return in a week. The chips in question were in the defendant’s trunk concealed “in several plastic infant formula containers placed inside five boxes which were sealed and labeled as “milk powder” written in Chinese.

The indictment doesn’t describe what happened next, but it’s pretty clear. The federal agent that had been tailing Mr. He informed his buddies who swooped down on Mr. He, waving guns and shouting typical law enforcement stuff at him before dragging him away in handcuffs. The indictment suggests that before the dockside bust, the feds had snooped into his bank account and phone records and identified numerous phone calls to the PRC and, more ominously, two wires from the PRC to Mr. He totaling just under $500,000. As a result, Mr. He’s careful concealment of the goods in baby formula was a waste of time.

It doesn’t take a rocket scientist to guess what happened here. Obviously, Aeroflex smelled a rat when this one-man storefront operation wanted to lay his hands on a half-million dollars worth of highly specialized space-qualified circuitry, so they alerted the authorities. All the while Mr. He was agonizing over whether it was safest to hide the goods in baby formula, cans of dog food or boxes of knitting needles, he was already a marked man. Had he gone in for a smaller amount (for which he certainly would have been paid less) he might be basking in the Southern California sun. Indeed, he reminds me of the would-be bicycle thief who tried to walk out of my condo building’s parking garage with two bicycles rather than racing off swiftly on one bicycle.

He went down too.

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Copyright © 2012 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)

Feb

6

White House Blocks Government of Iran and All Iranian Banks


Posted by at 9:20 pm on February 6, 2012
Category: Iran SanctionsOFAC

Ayatollah KhameneiThe White House issued an executive order today blocking all property of the Iranian government and all Iranian financial institutions. Prior to this action, the Iranian Transaction Regulations (“ITR”) required U.S. persons to reject transactions with these parties rather than to block them.

Simultaneously with the executive order, the Office of Foreign Assets Control issued two new general licenses — cleverly named General License A and General License B — that would nevertheless permit certain transactions involving the newly blocked parties. It also updated the FAQs on the OFAC website to provide further explanations of the effect of the executive order and the two new general licenses.

The first fear that you might have is that the blocking of the Government of Iran and all Iranian financial institutions might effectively end certain transactions authorized under the ITR, say, for example, the payment of fees in connection with the registration of trademarks in Iran permitted under section 560.509 of the ITR. General License A was issued to take care of that. It permits activities already authorized under specific licenses or general licenses issued under the ITR. “General license” in this context doesn’t just refer to documents titled “General License” like this General License A but also refers to activities specifically authorized by the regulations itself, like the previously mentioned authorization of certain activities relating to trademarks in Iran. General License A specifically excludes from its scope transactions relating to closing or liquidating Iranian accounts otherwise authorized by section 560.517.

General B permits non-commercial personal remittances as long as they are not made through Iranian banks or other entities that were previously blocked, such as Bank Saderat or Bank Melli, not including the Iranian financial institutions that were blocked by this latest executive order.

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Copyright © 2012 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)