Civil Enforcement Information - PACCAR Inc.

Date issued: Aug. 06 2019

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TURBOFAC Commentary (978 words)

Notes:

1) KNOW OR REASON TO KNOW; LEGAL BASES FOR THE PENALTY

This enforcement action continues OFAC's trend of enforcing violations of 560.215, for violations of the ITSR by foreign entities owned or controlled by U.S. persons. The legal bases for the enforcement action are fairly straightforward. A foreign company subject to the ITSR as a result of 560.215 cannot "knowingly" engage in a transaction "with" a person subject to the jurisdiction of the Government of Iran to the extent the transaction would be prohibited if engaged in by a U.S. person.

Here, 560.204 prohibits exports to Iran of goods where the exporter has "knowledge or reason to know" that the export is "intended specifically" for Iran. This applies to direct and indirect exports from third countries to Iran for persons subject to...