BD White Birch Investment LLC OFAC Settlement: $372.5K

Last updated: July 20, 2026

BD White Birch Investment LLC ("White Birch USA") settled its potential civil liability for three apparent violations of the Sudanese Sanctions Regulations, 31 C.F.R. part 538, agreeing to pay $372,465. The apparent violations involved White Birch USA's facilitation of the sale and shipment of Canadian-origin paper from Canada to Sudan.

Penalty Amount

$372,465.00

Enforcement Date

October 5, 2017

Rank in Top Penalties

#160

Case Details

Type:: Entity
Name:: BD White Birch Investment LLC
Country:: 🇺🇸 United States
Industry:: Trading
Address:: Greenwich, Connecticut
Penalty amount:: $372,465.00
Base civil monetary penalty:: $445,000.00
Max civil monetary penalty:: $853,746.00
Egregious case:: No
Apparent violations:: 3
Voluntary self disclosure:: No
Case:: Settlement
Violation period:: April 2013 to December 2013
Program:: Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR)
Enforcement date:: October 5, 2017

Nature of the Apparent Violations

White Birch USA appears to have violated §§ 538.205 and 538.206 of the SSR when it facilitated the sale and shipment of 543.952 metric tons of Canadian-origin paper from Canada to Sudan with a value of $354,602.26. The export transactions occurred in April and December 2013 and gave rise to three apparent violations. Various personnel within White Birch USA and its Canadian subsidiary, White Birch Paper Canada Company NSULC ("White Birch Canada"), were actively involved in discussing, arranging, and executing the export transactions to Sudan.

How OFAC Determined the Penalty

OFAC determined that White Birch USA did not voluntarily disclose the apparent violations to OFAC, and that the apparent violations constitute a non-egregious case. The statutory maximum civil monetary penalty amount for the apparent violations was $853,746, and the base civil monetary penalty amount was $445,000. White Birch USA agreed to pay $372,465 to settle its potential civil liability, reflecting OFAC's consideration of the facts and circumstances pursuant to the General Factors under OFAC's Economic Sanctions Enforcement Guidelines, 31 C.F.R. part 501, app. A.

Aggravating Factors

White Birch USA exhibited reckless disregard for U.S. sanctions requirements by failing to exercise a minimal degree of caution or care with regard to the apparent violations
White Birch Canada personnel appear to have attempted to conceal the ultimate destination of the goods from its bank (a U.S. financial institution serving as the confirming bank on a letter of credit) with respect to two of the apparent violations
Multiple White Birch USA personnel, including individuals in supervisory or managerial positions, had actual knowledge of and were actively involved in, or had reason to know of, the conduct that led to the apparent violations
White Birch USA is a large and commercially sophisticated company
White Birch USA's compliance program was either non-existent or inadequate at the time of the apparent violations
White Birch USA did not initially cooperate with OFAC's investigation into the apparent violations, particularly when it submitted materially inaccurate, incomplete, and/or misleading information to OFAC

Mitigating Factors

White Birch USA has no prior OFAC sanctions history, and has not received a penalty notice or Finding of Violation in the five years preceding the earliest date of the transactions giving rise to the apparent violations
White Birch USA has reported to OFAC that it has taken remedial steps in response to the apparent violations, including by updating the company's employee manual to include additional information concerning economic sanctions, implementing new compliance policies, and administering company-wide OFAC compliance training

Compliance Takeaways

This enforcement action reinforces certain compliance obligations for U.S. persons, including U.S. parent corporations that maintain subsidiaries located outside of the United States, as well as their U.S. person employees. Unless authorized by OFAC or otherwise exempt by statute, foreign subsidiaries of U.S. parent corporations must act independently from their parent corporations and any other U.S. person with respect to all transactions and activities that would be prohibited if the transactions were engaged in by a U.S. person or in the United States. In addition, any persons who submit information to OFAC regarding potential violations should take steps to ensure that such information is both accurate and complete.

Official Source Documents

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Provided for informational purposes only and does not constitute legal or compliance advice. Always consult the source document directly rather than relying on this summary.

View archived version View on ofac.treasury.gov

Archived on June 13, 2026

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