Join experts from Perkins Coie and Kharon for an in-depth discussion on the U.S. government’s recent Tri-Seal Guidance Notes focused on compliance with sanctions, export controls, and national security laws. We dive into U.S. guidance on countering Russian evasion and on voluntary self-disclosures of potential violations of sanctions and export control laws.

Following Russia’s invasion of Ukraine, the United States and its partners have implemented a series of sanctions and export controls designed to punish Moscow and degrade various military, financial, and economic capabilities dependent on western technology and financial markets. In March 2023, the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Justice (DOJ), and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) released their Tri-Seal Compliance Note emphasizing the need for continued vigilance on attempted Russian sanctions and export controls evasion.

This guidance outlined evasion red flags through third-party party intermediaries including transshipment through high-risk jurisdictions, transactions with companies with little to no online presence, obscurement of product end user, and employment of shell companies for processing international wire transfers. Additionally, Deputy Attorney General Lisa Monaco has recently stated publicly that sanctions evasion should be a top priority for every company’s compliance program.

In June 2023, the Department of Commerce, Department of the Treasury, and the Department of Justice released their Tri-Seal Compliance Note providing updated guidance for the DOJ’s voluntary self disclosure policy. The policy is designed to provide incentives for companies to come forward when they identify potential criminal violations of these and other U.S. sanctions and export control laws.