Civil Enforcement Information - PT Bukit Muria Jaya

Date issued: Jan. 14 2021

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TURBOFAC Commentary (377 words)


1) The facts underlying this enforcement action are similar to those in Civil Enforcement Information - Essentra FZE. In that case, a non-U.S. person manufacturer “received payment for the shipment of [] goods[to North Korea] into its bank accounts at the foreign branch of a U.S. bank. Because the “foreign branch of a U.S. bank” was a “U.S. person,” Essentra was deemed to have “caused” a U.S. person to export financial services to North Korea, and to have “caused” the “facilitation” of the underlying export of the goods.

Here, the facts are similar—including with respect to the deceptive conduct on the part of the payment originating manufacturer—except that the U.S. person involvement in the transactions was standard U.S. person dollar clearing as an intermediary bank. That involvement was “caused” by BMJ. As with Essentra, BMJ was considered to have violated...