Enforcement Release - SAP SE

Date issued: Apr. 29 2021

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TURBOFAC Commentary (2798 words)

Consolidated Comment on Items Related to 2021 Global Settlement involving SAP SE

(I) BACKGROUND

The items in the Research System that relate to the SAP case are the following:

*Civil Enforcement Information - SAP SE
*Settlement Agreement (BIS) - SAP SE
*Non-Prosecution Agreement (Agreement) - SAP SE
*Non-Prosecution Agreement (Statement of Facts) - SAP SE.

The SAP case is “precedential” in a number of respects, but, as discussed below, it does not appear to break new ground in terms of novel interpretations of the law.

The SAP case is the first multi-agency settlement that involves OFAC and the DOJ, where the DOJ’s involvement resulted from a voluntary disclosure made pursuant to the DOJ’s “Export Control and Sanctions Enforcement Policy for Business Organizations” (initially...