Tuesday, July 10, 2012

Great Western recibe multa millonaria por violar el embargo a Cuba.

Information concerning the civil penalties process is discussed in OFAC regulations governing the various sanctions programs and in 31 CFR part 501. On November 9,2009, OFAC published as Appendix A to part 501 Economic Sanctions Enforcement Guidelines. See 74 Fed. Reg. 57,593 (Nov. 9, 2009). The Economic Sanctions Enforcement Guidelines, as well as recent final civil penalties and enforcement information, can be found on OFAC's Web site at:
http://www.treasury.gov/resource-center/sanctions/CivPen/Pages/civpen-index2.aspx. ENTITIES - 31 CFR 501.805(d)(l)(i)
Great Western Malting Co. Settles Apparent Violations of Cuban Assets Control Regulations: Great Westem Malting Co. ("Great Western"), of Vancouver, Washington, has agreed to pay $1,347,750 to settle apparent violations of the Cuban Assets Control Regulations. The apparent violations by Great Westem occurred between August 2006 and March 2009, when it performed various back-office functions for the sales by a foreign affiliate of non-U.S. origin barley malt to Cuba. The base penalty amount for the apparent violations was $5,990,000. This matter was not the subject of a voluntary disclosure to OFAC and the apparent violations constitute a non-egregious case. The settlement amount reflects OFAC's consideration of the following facts and circumstances, pursuant to the General Factors under OFAC's Economic Sanctions Enforcement Guidelines, 31 C.F.R. part 501, App. A: Great Westem is a large, sophisticated entity; Great Western did not have an adequate OFAC compliance program in place at the time of the violations; a number of the violations involved transactions with Specially Designated Nationals (SDNs) in Cuba; some of the violations involved transactions which involved an SDN vessel; Great Westem has no history of prior OFAC violations; Great Westem substantially cooperated with OFAC, including entering into a statute of limitations tolling agreement; and, if the subject goods had been shipped from the United States, they would have been eligible for an OFAC license.

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