Enforcement Release - Whitford Worldwide Company, LLC

Date issued: Jul. 28 2020

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TURBOFAC Commentary (468 words)

Notes:

The Whitford case is a fairly straightforward set of violations. As it relates to the violations of 560.215 of the ITSR, compare enforcement actions such as PACCAR Inc. and Settlement Agreement (OFAC) - Stanley Black & Decker, Inc. In those cases and this one, non-U.S. entities that were owned and/or controlled by U.S. persons violated the ITSR by engaging in certain activities in which U.S. persons could not engage directly. The PACCAR case is particularly similar insofar as that case involves shipments by a U.S.-owned or -controlled entity to Iran through a third country.

In this case, there are also the facilitation violations (560.208) by the U.S. person parent entity itself. A U.S. person cannot “facilitate” activities of any non-U.S. person in which the U.S. person could not...