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ENFORCEMENT INFORMATION FOR May 8, 2014
American International Group, Inc. Settles Potential Civil Liability for Apparent Violations of the Cuban Assets Control Regulations, 31 C.F.R. part 515: American International Group, Inc. ("AIG"), an international insurance and financial services organization headquartered in New York, New York has agreed to remit $279,038 to settle potential civil liability for 3,560 apparent violations of the Cuban Assets Control Regulations, 31 C.F.R. part 515, that occurred between January 1, 2006, and March 29, 2009.
The Office of Foreign Assets Control ("OFAC") has determined that AIG voluntarily self-disclosed the apparent violations and that the apparent violations constitute a non-egregious case. The total base penalty amount for the apparent violations was $413,390.
Between January 2006 and March 2009, two AIG subsidiaries in Canada issued or renewed three types of property and casualty insurance policies that insured Cuban risks...
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1) For further factual information see Settlement Agreement - American International Group, Inc. (1st action).
2) Bases for liability:
The Canadian subsidiary of a U.S. company was subject to the CACR as a result of 515.329.
i) Compare insuring Cuban-related business risks to similar cases involving Iran (AON International, 2011). For the ITSR, this is characterizable as facilitation of the underlying transaction. Here, of the many ways such activity could be said to violate 515.201(b), the insurance policy "involves" property in which Cubans have an interest (i.e. the subject to the underlying transaction). It is not clear whether the insurance of "Cuban business risks" means policies directed at or otherwise particularly likely to cover those risks specifically,...