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Case No. BEL-2018-351645-1
Pinnacle Consulting Solutions & Services, Inc.
405 Laurel Chase Ct., NW
Atlanta, GA 30327
ATTN: [ ]
Dear [ ]:
This is in response to your request dated March 8, 2018, as well as additional correspondence dated March 14, 2018 and March 21, 2018 (collectively, the “Application”), submitted to the Office of Foreign Assets Control (OFAC), seeking guidance on establishing a business relationship with an individual entrepreneur in Belarus. According to your Application, Pinnacle Consulting Solutions & Services, Inc. (“Pinnacle”) is a Georgia corporation looking to augment its software development by working with [ ], a Belarus person. The Application represents that Mr. Barysenka’s address is [ ] Belarus. The Applicant further represents that Mr. Barysenka’s individual businessman registration number is [ ].
On June 16, 2006, President...
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1) Compare the guidance here with A Framework for OFAC Compliance Commitments (May 2, 2019). It is not clear why the applicant sought guidance considering that the individual at issue was not on the SDN list (possibly just a misunderstanding of the nature of the list-based Belarus Sanctions Regulations). In any event, the guidance is notable for the statement that "OFAC encourages a risk-based approach to OFAC compliance. Persons making an effort to comply with OFAC rules and regulations should conduct appropriate due diligence regarding the sanctions status of an individual or the ownership structure of a particular entity and evaluate the OFAC risks of a transaction before deciding whether to take an action." (Compare Case No. UKRAINE-EO13662-2014-314571-1, same language). It is noteworthy that OFAC emphasizes that what is expected is “appropriate due diligence regarding...