OFAC Release on Recent Civil Penalty for Commerzbank AG
The Office of Foreign Assets Control has released new civil penalty information regarding Commerzbank AG. According to OFAC, Commerzbank AG, New York Branch, NY, NY, has agreed to remit $175,500 to settle apparent 2005 violations of the Cuban Assets Control Regulations in connection with certain trade documents associated with a letter of credit, in which a Cuban Specially Designated National (SDN) had an interest.
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Commerzbank Did not Voluntarily Disclose Matter, but Has Taken Remedial Measures, Etc.
According to OFAC, the aggregate value of the trade documents was $884,157. Commerzbank did not voluntarily self-disclose the matter, and the alleged violations constituted a non-egregious case. The base penalty amount for the alleged violations totaled $260,000. The settlement amount reflects OFAC’s consideration of the following facts and circumstances, pursuant to the General Factors under OFAC’s Economic Sanctions Enforcement Guidelines: Commerzbank should have been aware of the prohibited Cuban interest, given that the trade documents contained repeated references to the SDN and its vessels; Commerzbank has undertaken remedial measures to strengthen its OFAC compliance program to ensure that such apparent violations do not recur in the future; and Commerzbank cooperated with OFAC’s investigation, including by agreeing to toll the statute of limitations.