Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

OFAC Enforcement Action Highlights Sanctions Risk in Supply Chain

By John London on February 4, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

On January 31, 2019, OFAC announced a $996,080 settlement with e.l.f. Cosmetics, Inc. (“ELF”) for violations of the North Korea Sanctions Regulations arising from the importation of 156 shipments of false eyelash kits that contained materials that were sourced from North Korea and that were purchased from suppliers in China.

In January 2017, ELF discovered that approximately 80% of its false eyelash kits contained materials from North Korea, and ELF voluntarily disclosed the violation to OFAC. Among other aggravating factors, OFAC alleged that funds for the materials came under the control of the North Korean government and that ELF was a large and commercially sophisticated company engaged in a substantial volume of international trade with a “non-existent or inadequate” sanctions compliance program.

Ultimately, OFAC found that the violations were non-egregious and provided substantial mitigation against the $2,213,510 base penalty level. OFAC credited a number of specific steps that ELF undertook to prevent the risk of future violations:

  • Supply chain audits to verify country of origin
  • Supplier certifications of compliance with US sanctions and export control
  • Enhanced supplier audits to verify payment information and review supplier bank statements
  • Training by outside counsel for key US and foreign employees regarding sanctions law
  • Mandatory training for employees and suppliers in China

OFAC emphasized the need to conduct “full-spectrum supply chain due diligence,” especially in locations known to engage in trade with sanctioned countries or regions.

Risk-based controls related to US sanctions and export control will reduce sanctions risk and may help mitigate the impact of inadvertent violations. Indeed, many of the controls suggested by OFAC complement other supply chain controls intended to address different risks, such as quality assurance, human rights, conflict minerals, and anti-corruption.

Although small and mid-size companies may need to be selective when implementing resource-intensive internal controls, adequate due diligence, supplier certifications, contractual representations and warranties, and training are all low-cost, high-return methods to reduce sanctions risks arising from a company’s supply chain.

Photo of John London John London

John London’s practice focuses particularly on FCPA/anti-corruption and US export control matters. John has assisted clients with matters related to US and international anticorruption laws, including the Foreign Corrupt Practices Act (FCPA) and debarment proceedings before the World Bank and other International Financial…

John London’s practice focuses particularly on FCPA/anti-corruption and US export control matters. John has assisted clients with matters related to US and international anticorruption laws, including the Foreign Corrupt Practices Act (FCPA) and debarment proceedings before the World Bank and other International Financial Institutions (IFI). He assists clients in conducting internal investigations of alleged violations of anti-corruption laws, including assisting clients with IFI audits, investigations, and enforcement actions related to alleged corrupt practices. He also assists clients with matters related to US export control laws, including the Commerce Department’s Export Administration Regulations (EAR), the State Department’s International Traffic in Arms Regulations (ITAR), and sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) and the State Department.

View John’s full bio.

Email
Show more Show less
  • Posted in:
    Business and Commercial
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo