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On May 8, OFAC released enforcement information regarding “apparent violations” of the Cuban Assets Control Regulations by Canadian subsidiaries of a U.S. insurance company. The U.S. company self-reported 3,560 apparent violations that occurred between January 2006, and March 2009, and agreed to remit $279,038 to settle potential civil liability. OFAC stated that over a more than three-year period two Canadian subsidiaries issued or renewed property and casualty insurance policies that insured Cuban risks of a Canadian company, and that one of the subsidiaries maintained a D&O liability insurance policy that insured certain directors and officers of three Cuban joint venture partners of a Canadian corporation. Separately, another subsidiary sold, renewed, or maintained in force individual or annual multi-trip travel insurance policies in which the insured identified Cuba as the travel destination. The civil penalty reflects OFAC’s balancing of aggravating and mitigating factors, including the actual knowledge of the company and certain members of management of the violative conduct; and the company’s self-disclosure, cooperation, and advance remediation.
On April 18, OFAC announced that a privately held travel services provider based in the Netherlands but majority-owned by U.S. persons agreed to pay nearly $6 million to resolve allegations that over a roughly six-year period the company’s business units mostly outside the U.S. provided services related to travel to or from Cuba, which assisted 44,430 persons. OFAC states that such business activities constitute alleged violations of the Cuban Assets Control Regulations. The company voluntarily self-disclosed the alleged violations to OFAC, the vast majority of which occurred prior to such disclosure. OFAC claims that the company (i) failed to exercise a minimal degree of caution or care regarding its obligations to comply with OFAC sanctions against Cuba by processing unauthorized travel related transactions for more than four years before recognizing that it was subject to U.S. jurisdiction; (ii) processed a high volume of transactions and assisted a large number of travelers, which caused significant harm to the objectives of the Cuban Assets Control Regulations; and (iii) failed to implement an adequate compliance program. OFAC’s Cuba Penalty Schedule sets a base penalty for the alleged violations at $11,093,500, which was reduced given that (i) the conduct at issue was the company’s “first violation”; (ii) the company provided substantial cooperation during OFAC’s investigation of the alleged violations, including by agreeing to toll the statute of limitations and by providing OFAC with detailed and well-organized documents and information; and (iii) the company already has taken significant remedial action in response to the alleged violations.
- Buckley Webcast: Fifth Circuit muddles CFPB’s plans to use in-house judges in enforcement proceedings
- Steven vonBerg to discuss “Regulatory plenary” at the Information Management Network’s Non-QM Forum
- Jeffrey P. Naimon to discuss “Understanding the ESG impact on compliance” at the ABA’s Regulatory Compliance Conference