for Apparent Violations of the Cuban Assets Control Regulations: American Express Travel
Related Services Company, Inc. (“TRS”), New York, NY, has agreed to pay $5,226,120 to settle
potential civil liability for apparent violations of the Cuban Assets Control Regulations, 31
C.F.R. part 515 (the “CACR”). From on or about December 15, 2005, through on or about
November 1, 2011, TRS dealt in property in which Cuba or its nationals had an interest when its
foreign branch offices and subsidiaries issued 14,487 tickets for travel between Cuba and
countries other than the United States, many of which had adopted “antidote” measures
(blocking statutes) prohibiting compliance with the CACR, without authorization from OFAC.
OFAC determined that TRS voluntarily self-disclosed this matter to OFAC and that the apparent
violations occurred “subsequent to agency notice” in 1995.
TRS was investigated by OFAC in 1995 and 1996 for similar apparent violations of the CACR
arising from the provision of travel services to and from Cuba by a recently acquired subsidiary
at the time. OFAC provided written notice to TRS that such conduct constituted apparent
violations of the CACR.
Under the Cuba Penalty Schedule, 68 Fed. Reg. 4429 (Jan. 29, 2003), the base penalty for the
apparent violations is $3,629,250.
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 (the “Guidelines”):
(1) TRS demonstrated reckless disregard for the CACR, as evidenced by the apparent violations
occurring subsequent to notice by the agency in 1995, the lack of oversight by U.S. management
of TRS’ foreign offices, and the continuing failure to implement effective mechanisms for
detecting Cuba travel bookings until late 2010, after having informed OFAC in OFAC’s
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