In an article dated 1st April about the settlement between OFAC and Stanley Black & Decker Inc and its foreign subsidiary, Jiangsu Guoqiang Tools Co Ltd, Wilmer Hale said that the enforcement action and ensuing settlement agreement are particularly notable for 2 reasons –
- on the settlement agreement, OFAC has provided significant guidance on what it appears to consider to be best practices in maintaining a risk-based sanctions compliance programme. Although it was unusual for OFAC to communicate that guidance in a settlement agreement, the firm says it expects that OFAC’s compliance and enforcement guidance will increasingly take that form; and
- the action hints at the trends that OFAC enforcement actions may follow in 2019.
It says that OFAC identified 5 overarching elements that are the pillars of what constitutes an effective compliance programme –
- management commitment;
- risk assessment;
- internal controls;
- testing and audit; and
The article says that the enforcement action is also consistent with the general increase in the ratio of OFAC enforcement actions against non-financial institutions.7 We expect that these trends will continue in 2019, particularly in the context of the US escalation of pressure on Iran and parties that transact with Iran.
https://wilmerhalecommunications.com/26/3279/april-2019/ofac-crystallizes-expectations-for-sanctions-compliance.asp