April 18, 2024

DealBook: JPMorgan to Pay $88.3 Million for Sanctions Violations

6:29 p.m. | Updated

JPMorgan Chase has agreed to pay $88.3 million as part of a settlement with the Treasury Department over a series of transactions involving Cuba, Iran and Sudan, the agency said on Thursday.

The Treasury Department’s Office of Foreign Assets Control said in a news release that JPMorgan processed wire transfers totaling around $178.5 million for Cuban nationals in late 2005 and early 2006, violating United States embargo laws. The bank’s officers discovered the transfers in 2005, after they were tipped off by another financial institution, but failed to report them and did not take adequate steps to prevent more transfers, according to the statement. The release did not say which institution made the initial discovery.

The bank was also fined for a 2009 incident in which it made a $2.9 million loan to a bank that had ties to Iran’s government-owned shipping line, a violation of United States sanctions against the Middle Eastern nation. Again, JPMorgan Chase learned of the apparent violation early on but did not disclose it to regulators until March 2010, three days before it was repaid for the loan.

A third violation occurred in 2010 and 2011, when the bank failed to give up documents about a wire transfer that referred to Khartoum, the capital of Sudan. According to the release, the agency gave JPMorgan a list of documents believed to be possessed by JPMorgan. In response, JPMorgan, which previously said it had no such documents, produced more than 20 of the items in question.

Treasury officials called the bank’s actions “egregious” and said that JPMorgan’s “managers and supervisors acted with knowledge of the conduct constituting the apparent violations and recklessly failed to exercise a minimal degree of caution or care.”

JPMorgan said that it never dealt directly with institutions in the embargoed countries and that it had merely acted as a middleman.

The penalty, the government said, had been reduced because JPMorgan cooperated substantially with the investigation.

“The civil settlement resolves a number of OFAC allegations dating back to 2005, none of which involved any intent to violate OFAC regulations. These rare incidents were unrelated and isolated from each other,” said Jennifer Zuccarelli, a spokeswoman for JPMorgan. “We are pleased to have resolved these matters and to move forward with enhancements to our global OFAC compliance program.”

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Global Supply Lines at Risk as Shipping Lines Shun Japan

Fearing the potential impact on crews, cargo and vessels worth tens of millions of dollars, some of the world’s biggest container shipping lines have restricted or barred their ships from calling on ports in Tokyo Bay over concerns about radiation from the damaged Fukushima Daiichi nuclear power plant.

Meantime, ports in China are starting to require strict radiation checks on ships arriving from Japan. And in California on Friday, the first ship to reach the Port of Long Beach since Japan’s earthquake was boarded and scanned for radiation by Coast Guard and federal customs officials before being allowed to dock.

Big Japanese ports much farther south of Tokyo, like Osaka and Kobe, are still loading and unloading cargo. But the Tokyo Bay ports of Tokyo and Yokohama are normally Japan’s two busiest, representing as much as 40 percent of the nation’s foreign container cargo. If other shipping companies join those already avoiding the Tokyo area, as radiation contamination spreads from Fukushima Daiichi 140 miles north, the delays in getting goods in and out of Japan would only grow worse.

The shipping industry’s fears have escalated since port officials in Xiamen, China, earlier this week detected radiation on a large container ship belonging to Mitsui O.S.K. Lines and quarantined the ship.  The vessel had sailed down Japan’s northeast coast and reportedly came no closer than 80 miles to the damaged nuclear power plant; the official Xinhua news agency said on Saturday afternoon that the vessel had left a berth at the port on Wednesday afternoon and then anchored briefly at sea.

Hapag-Lloyd, a German container shipping line that is one of the world’s largest, halted service to Tokyo and Yokohama after the tsunami swamped Fukushima Daiichi. The shipper has not resumed service to those ports.

“We put safety ahead of everything else,” said Eva Gjersvik, the company’s senior director for corporate communications, adding that the company was reviewing daily whether to resume sailings to Tokyo.

Reuters reported that another German shipper, Claus-Peter Offen, has also stopped calling at Tokyo and Yokohama.

OOCL, a shipping line based in Hong Kong, said late Friday that the company had decided to halt all traffic to Tokyo and Yokohama.

OOCL will take Tokyo-bound containers to Osaka instead and send them overland from there, said Stanley Shen, the head of investor relations. The company has also drafted contingency plans to prevent its containers from traveling even overland to Tokyo if radiation levels increase in the Japanese capital, Mr. Shen added.

Merchant vessels may have to be scrapped if quarantined even temporarily for radioactivity, because they would face extra coast guard checks for years at subsequent destinations, said Basil M. Karatzas, the managing director for projects and finance at Compass Maritime Services, a ship brokerage in Teaneck, N.J.

The extra inspections make it hard to keep a schedule. “The charterers in the future will try to avoid the vessel because of the likelihood it will be delayed again,” Mr. Karatzas said.

It is not only commercial ships that are giving the radiation region a wide berth.

A senior nuclear executive said on Friday evening that the United States Navy had moved nuclear-powered vessels like the Ronald Reagan aircraft carrier far from the Fukushima Daiichi nuclear power plant after officers became concerned that radiation from the plant could enter the ships’ air ducts.

The worry is not that the radiation would pose a threat to the vessels’ crews, but that even trace contamination of the ducts could create problems in the extremely sensitive equipment aboard nuclear-powered vessels that is intended to detect any hint of a radioactive leak from onboard systems, said the executive, who insisted on anonymity to protect business connections.

Shippers, even if they can avoid radiation exposure, know that cargo coming from Japan is now subject to new delays.

Jad Mouawad, William Neuman and Motoko Rich contributed reporting from New York, and Nick Bunkley from Detroit.


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