Enforcement Release: Aiotec GmbH

Date issued: Dec. 03 2024

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TURBOFAC Commentary (632 words)

Notes:

1) The Aiotec case involves a “conspiracy” to cause violations of the ITSR, in particular a conspiracy to cause a U.S. person to export “indirectly sell and supply an settlement Australian polypropylene plant to Iran, and remit payments for the polypropylene plant through U.S. financial institutions”. Compare Enforcement Release: British American Tobacco p.l.c. for a similar instance of OFAC identifying many discrete violations but only charging a single “conspiracy” violation. Here, as there, the facts amount to a particularly egregious scheme to evade the sanctions laws, though the BAT case involved a parallel criminal charge, whereas the DOJ appears to be fully out of this case.

2) Unusual “Causing”-related Facts

From a legal basis standpoint, there are certain notable...