Germany

"Software company SAP SE admitted it provided millions of dollars in software to Iran in violation of U.S. sanctions, becoming the first company to benefit from a Justice Department program that encourages companies to self-report criminal export violations in exchange for leniency, U.S. authorities said Thursday. Between 2010 and 2017, the German enterprise-software giant sent upgrades and software patches more than 20,000 times to users in Iran, and allowed its cloud businesses to give 2,360 Iranian users access to U.S.-based cloud services, the Justice Department said." (Wall Street Journal, "SAP Admits Iran Sanction Violations To Justice Department,"  4/29/2021). 

"Wacker Chemie AG reportedly provides products in Iran. In 2019, CalSTRS identified Wacker Chemie AG as potentially having ties to Iran and began the review process. In 2020, CalSTRS removed Wacker Chemie AG after reviewing the company’s internal controls to prevent sanction violations."

--

In 2019, the California State Teachers’ Retirement System (“CalSTRS”) identified Wacker Chemie as reportedly providing products in Iran and began the review process.

According to its Annual Report filed with the SEC for fiscal year 2019: "In this context, SAP voluntarily self-disclosed potential export controls and economic sanctions violations to the U.S. DOJ and the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) in September 2017. At the same time, SAP provided notification to the U.S. SEC and responded to an SEC comment letter on export restriction matters in October 2017. SAP has also provided disclosure to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) based on the same alleged facts. Finally, pursuant to Section 219 of the U.S. Iran Threat Reduction and Syria Human Rights Act of 2012 and Section 13(r) of the U.S. Securities Exchange Act of 1934, SAP has filed the required Iran Notice with the U.S. SEC. The alleged conduct may result in monetary penalties or other sanctions under U.S. sanctions and export control laws."

--

According to its Annual Report filed with the SEC for fiscal year 2018: "SAP has taken remedial actions to terminate access to SAP products and services for certain end users and block additional business activities with these end users through SAP or SAP partners. We have implemented further enhancements to our export control compliance program, including new internal controls, and have increased the capacity of the Export Control Compliance team with a particular focus on high-risk countries. SAP has also required additional due diligence, conducted by independent third-parties, for certain SAP partners based in high-risk regions. We are fully committed to compliance with all U.S., EU, and German laws regarding economic sanctions and export controls, including laws restricting the sale, export, and usage of SAP software and services in Iran and in other embargoed countries."

--

According to its Annual Report filed with the SEC for fiscal year 2017: "The Company is investigating allegations that certain Company independent partners violated the Company’s contractual terms and sold Company products and services in embargoed countries, including Iran, Syria, Sudan, and Cuba. These third parties presumably did not adhere to the Company’s strict procedures for indirect business activities. To the extent any independent company chooses not to follow the Company’s licensing procedures, the Company is ultimately limited in its ability to stop their activities.  Nonetheless, the Company devotes considerable resources to prevent and mitigate such activities should they occur. We are also investigating allegations regarding direct sales between the Company and certain customers, who may have engaged in unauthorized activities in Iran and other embargoed countries. The Company’s Legal Compliance and Integrity Office is conducting investigations with the assistance of an external law firm."

According to an Annual Report filed with Enterprise Product Partners "M&B owns and controls Oiltanking GmbH, which in turn owns a joint venture interest in the Exir Chemical Terminal (“ECT”) in Iran via its wholly owned affiliates Oiltanking ME Holding GmbH (formerly named Oiltanking Iran GmbH) and OMEA GmbH.  This interest results from an investment dating back to 2002.  Oiltanking GmbH currently has the contractual right to vote for the appointment of two members of ECT’s three-member board.  Oiltanking GmbH provides no goods, services, technology, information or support to ECT and plays no role in the management or day-to-day operations of ECT.

ECT stores chemicals and hydrocarbons, including naphtha, linear alkyl benzene and n-hexane, for distribution in Iran and for export to Asia and Europe.  To our knowledge, ECT’s activities are in compliance with applicable U.S., European Union or United Nations sanctions laws.  ECT pays routine and standard charges (i) to the Petrochemical Special Economic Zone Organization (“Petzone”) for the use of pipelines and (ii) to the National Petrochemical Company (“NPC”), which operates the berth.  Petzone is a subsidiary of NPC, which is owned and controlled by the Government of Iran. As Oiltanking GmbH has no direct involvement in the day-to-day operations of ECT, we have no information regarding ECT’s intent to continue or not continue making the payments described above."

According to its Annual Report filed with the SEC for fiscal year 2013: "Oiltanking GmbH, the ultimate parent company of our general partner, maintains a joint venture interest in Oiltanking Odfjell GmbH, which in turn owns a joint venture interest in the Exir Chemical Terminal (“ECT”) in Iran. This interest results from an investment dating back to 2002. Oiltanking GmbH currently has the contractual right to vote for the appointment of one member of ECT’s three-member board. Oiltanking GmbH provides no goods, services, technology, information or support to ECT and plays no role in the management or day-to-day operations of ECT.

Among other activities, ECT transfers naptha originating in Iraq to Oman for a customer in the United Arab Emirates, and it does not import or handle any Iranian-origin products that are regulated under U.S., European Union or United Nations sanctions laws. ECT pays routine and standard charges (i) to the Petrochemical Special Economic Zone Organization (“Petzone”) for the use of pipelines and (ii) to Terminals and Tanks Petrochemical Co. (“TTPC”), which operates the berth. Petzone and TTPC are subsidiaries of the National Petrochemical Company, which is owned and controlled by the Government of Iran. As Oiltanking GmbH has no direct involvement in the day to day operations of ECT, we have no information regarding ECT’s intent to continue or not continue making the payments described above."

According to its Annual Report filed with the SEC for fiscal year 2019: "For a portion of the reporting period, our travel business allowed consumers to book hotels in and flights serving Iran. The revenue from these offers was immaterial. We believe that these activities have been conducted in accordance with applicable laws and regulations and that they are not sanctionable under U.S. law. In late 2019, we entered into a distribution and commercial agreement in relation to Jumia Travel’s flight and hotel booking portals. As part of this agreement, we will continue promoting flight and hotel booking services on our platform, redirecting the relevant traffic to our partner Travelstart, who will manage the sales, fulfilment and customer service aspects of the business.

Our indirect shareholder, MTN Group Limited, holds a 49% indirect, non-controlling interest in Irancell, which operates Iran’s second largest mobile network and offers international voice, interconnect and roaming services. MTN Group Limited also has a beneficial interest of about 44% in Iranian e-commerce business Snapp (also known as Iran Internet Group), which includes retail marketplace, ride hailing, travel, delivery and food delivery businesses. We have been informed that these investments were made in accordance with applicable laws and regulations, and these entities are not sanctioned under U.S. law."

According to its website, "WEH® presents CNG Refuelling Components in Tehran."

--

WEH also lists multiple locations in Tehran, Iran on its website. 

We note an online reference to a Komrowski office apparently located in Tehran, Iran and a separate website for “Komrowski Iran”. (Private Banking Website, “Banks (Rep. Offices) Tehran”; Komrowski Iran, “Home”).

HOLIFA is listed as an International Partner by the Iranian firm, Bonakdar Industrial & Commercial Group (“BICG”).  (BICG Website, “International Partners”).  

--

HOLIFA participated in the 12th Auto Parts International Fair 2017 that took place in Tehran, Iran from November 13-16, 2017. 

CARBO-WELD is listed as an International Partner by the Iranian firm, Bonakdar Industrial & Commercial Group (“BICG”).  (BICG Website, “International Partners”).