Jun

25

OFAC v. ATP: Game, Set, Match to OFAC


Posted by at 9:27 pm on June 25, 2013
Category: Iran SanctionsOFAC

J. Edmond Barre http://commons.wikimedia.org/wiki/File:J._Edmond_Barre.jpg [Public Domain]In its quest to keep the world safe from an Iranian nuclear bomb, the Office of Foreign Assets Control has focused its laser-like scrutiny on an Iranian tennis referee. Obviously, the same skills required to call a ball out or to halt a match for rain are critical to the process of uranium enrichment.

In this regard, OFAC has just fined ATP Tour, Inc. $48,600 as part of a settlement of charges that ATP had made “salary payments to an individual who is ordinarily resident in Iran … for services rendered and expenses incurred in connection with ATP tournaments the individual officiated.” The settlement documents do not reveal the individual involved but it almost certainly has to be Ali Nili, a well-known Gold Badge tennis umpire who has frequently officiated ATP and other international tennis matches.

One of the things that probably, and somewhat justifiably, hacked off OFAC is that apparently ATP made 8 payments to the Iranian referee after it had received a warning letter from OFAC about the payments. That was probably a bad idea, since even OFAC admits in the settlement papers that paying Iranian refs “represent[s] relatively low harm to the sanctions program.” You think? OFAC also indicates that the payments were probably licensable.

Another interesting area of speculation, not directly revealed in the settlement documents, is what is currently being done with Ali Nili who is still officiating ATP matches, like this one at the Shanghai Rolex Masters in 2012. I’m assuming that ATP has now in fact applied for, and received,  an OFAC license.

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Copyright © 2013 Clif Burns. All Rights Reserved.
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One Comment:


It’s interesting that OFAC listed ATP’s previous failure to have a compliance program as a contributing factor in the penalty assessment. I understand it’s a standard item per the Enforcement Guidelines, but one has to wonder how many non-profit sports organizations out there–even those with international operations–actually have an “OFAC compliance program.” I hope it’s more than I suspect.

And for no reason at all, here’s an anagram–You can rearrange the letters in OFAC and ATP to make OAF PACT.

Comment by Pat on June 27th, 2013 @ 1:51 pm