美国金融制裁处罚机制研究与启示

Research and Enlightenment of American Financial Sanctions Punishment Mechanism

近年来,美国财政部海外资产控制办公室(OFAC)为维护美国国家安全和国家利益,对被认定违反美国经济制裁政策的美国企业及非美企业频繁进行民事处罚。2017年3月7日,OFAC首次对我国企业进行重罚。随着我国企业“走出去”步伐不断加快,中美贸易摩擦加剧的形势下,我国企业被OFAC处罚的可能性也在加大。本文分析了2009-2018年OFAC经济制裁处罚情况,并提出对我国的启示。

In recent years, the Office of Foreign Assets Control (OFAC) of the US Treasury Department has frequently imposed civil penalties on US companies and non-US companies that have been found to be in violation of US economic sanctions in order to safeguard US national security and national interests. On March 7, 2017, OFAC imposed heavy penalties on Chinese companies for the first time. As the pace of "going out" of Chinese enterprises continues to accelerate and the Sino-US trade frictions intensify, the possibility of Chinese companies being punished by OFAC is also increasing. This paper analyzes the situation of OFAC economic sanctions in 2009-2018 and proposes its enlightenment on China.