In addition, the OFAC announcement states that “[t]he settlement amount reflects OFAC’s consideration of the following facts and circumstances, pursuant to the General Factors under OFAC’s Economic Sanctions Enforcement Guidelines, 31 C.F.R. part 501, App. A:
- Brasseler’s conduct demonstrated reckless disregard for U.S. sanctions requirements;
- Brasseler’s conduct involved a pattern of concealment whereby the company masked the identities of its Iranian customers;
- management level staff at Brasseler were involved with, and/or were aware of, both the reckless conduct and the fact that the goods or services were destined for Iran;
- Brasseler did not have a compliance program in place at the time of these alleged violations;
- The exports at issue likely would have been licensed by OFAC under existing licensing policy;
- Brasseler has not been the subject of prior OFAC enforcement action;
- Brasseler cooperated with OFAC, including by agreeing to toll the statute of limitations.
