Hiring a Lawyer for OFAC Compliances Prevents you from Receiving Criminal Charges

Second quarter 2019 report for licensing activities undertaken pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) show that not a lot of licenses were requested and/or issued for Iran-related business and trades.

Under the sanction rules against Iranian trades; few businessmen in America have applied to receive specific licenses related to agricultural or medical trades. And after these applications are processed, very few licenses were granted.

The trades not having specific licenses appear to be still happening. Some of such trades have happened, simply because there was a general license that allowed such activities.

Also it appears that many businesses chose to ignore the OFAC sanctions believing that staying out of the “radar” guarantees their financial benefits.

Despite the possibility that their calculated financial outcome is correct, their actions are not right. Because a financial benefit does not always make an action right.

Eventually same financial calculation would prove to be wrong when circumstances change. For example when all the complications start simply because the activities fall under the radar of federal investigation for the reason that the business has been violating the OFAC sanctions.

And when that happens, it’s a chain reaction. It won’t stop: assets would be ceased, CEOS would be arrested, international financial, professional and perhaps personal connections would be investigated and the list of troubles go on.

For instance criminal charges would be brought in, warrants would be issued, serious jail times and revocation of immigration documents would be requested.

At any moment during the process, the criminals could face loss of Green Card or even citizenship and face special jail times without proper due process for allegations of treason, espionage or terrorist conspiracy.

So although it appears that profitability of a trade lays in not requesting for specific license or to work under the shadows of a not so comprehensive general license issued by OFAC; the truth is the risks are high—extremely high.

The General licenses issued are limited, they do not cover many specific circumstances and sometimes they are vague or ambiguous. The laws are not fully applicable to many circumstances and often they need expert interpretations.

Under circumstances when violating the laws set forth by OFAC (Office of Foreign Asset Control; US Department of Treasury) have serious criminal consequences, the only way to assure a trade is in compliance with the laws is to involve a skilled lawyer when starting a business, specially because this is not an area open to self-interpretation and self-lawyering.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
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