You are reading the April 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.

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Overview

  • We saw several notable Russia-related enforcement actions in April, with two centered on the associates of Russian oligarchs – one of whom was a New York-based lawyer. Also, the Department of Justice (DOJ) announced the fine for an Estonian entity that illegally attempted to re-export a jig grinder to Russia, and Microsoft was fined after alleged violations of several sanctions and export restrictions.
  • Iran was also the focus of an enforcement action in April as DOJ prosecuted a woman who used Venmo, a financial services app, to help the Iranian regime facilitate a kidnapping plot of a prominent U.S.-based journalist.
  • We also saw a number of North Korea-related actions. British American Tobacco was fined over $600 million for violating the North Korean sanctions program via a foreign subsidiary. And multiple individuals were indicted for their roles in using cryptocurrencies to launder money for the North Korean regime.
  • In China-related news, Seagate, an American data storage company, agreed to resolve over 400 violations of the Export Administration Regulations (EAR) that occurred when it sold hard disk drives to Huawei after Huawei’s addition to the Entity List.
  • And the Commerce Department, Bureau of Industry & Security (BIS) released a new enforcement policy that should further encourage companies to voluntarily disclose violations of export control laws. The new policy also includes incentives for companies to disclose possible violations by third parties, including competitors.

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Photo of Faith Dibble Faith Dibble

Faith Dibble counsels clients as they navigate the complex regulations associated with a global marketplace. She advises clients on international trade and complex cross-border transactions, investigations, and regulatory and compliance matters relating to U.S. national security.

Photo of Thad McBride Thad McBride

Thad McBride advises public and private companies on the legal considerations essential to successful business operations in a global marketplace. He focuses his practice on counseling clients on compliance with U.S. export regulations (ITAR and EAR), economic sanctions and embargoes, import controls (CBP)…

Thad McBride advises public and private companies on the legal considerations essential to successful business operations in a global marketplace. He focuses his practice on counseling clients on compliance with U.S. export regulations (ITAR and EAR), economic sanctions and embargoes, import controls (CBP), and the Foreign Corrupt Practices Act (FCPA). He also advises clients on anti-boycott controls, and assists companies with matters involving the Committee on Foreign Investment in the United States (CFIUS). Thad supports international companies across a range of industries, including aviation, automotive, defense, energy, financial services, manufacturing, medical devices, oilfield services, professional services, research and development, retail, and technology. Beyond advising on day-to-day compliance matters, Thad regularly assists clients in investigations and enforcement actions brought by government agencies, including the U.S. Department of Justice (DOJ), the U.S. Treasury Department Office of Foreign Assets Control (OFAC), the U.S. State Department Directorate of Defense Trade Controls (DDTC), Customs and Border Protection (CBP), the U.S. Commerce Department Bureau of Industry & Security (BIS), and the Securities & Exchange Commission.