Sanctions Evasion Reference

HSBC: Burma and Sudan, not just Iran

HSBC paid OFAC $375 million in 2012. The sanctions case covered 2,335 transfers worth about $430 million, with Burma the largest share, and Treasury said its London head office and Dubai branch altered SWIFT messages.

period

2004–2010

outcome

Settlement

parties

HSBC Holdings plc; HSBC Bank USA, N.A.; HSBC Group's London head office and Dubai branch

programmes

Myanmar (Burma), Sudan, Islamic Republic of Iran, Cuba, Libya

reviewed

2026-10-04

Cite this page
APA 7
Sanctions Evasion Reference. (2026, October 4). HSBC: Burma and Sudan, not just Iran. https://sanctionsevasion.org/cases/hsbc-2012/
Chicago
Sanctions Evasion Reference. “HSBC: Burma and Sudan, not just Iran.” Last reviewed October 4, 2026. https://sanctionsevasion.org/cases/hsbc-2012/.
BibTeX
@misc{ser-cases-hsbc-2012,
  author = {{Sanctions Evasion Reference}},
  title  = {HSBC: Burma and Sudan, not just Iran},
  year   = {2026},
  note   = {Last reviewed 2026-10-04},
  url    = {https://sanctionsevasion.org/cases/hsbc-2012/}
}

The date is when this page was last reviewed, not when it was first published.

Penalties imposed

AuthorityDate AmountNote
OFAC 2012-12-11 $375,000,000 Egregious, not voluntarily self-disclosed. Statutory maximum and base penalty $1,159,872,734 for the egregious set. A separate non-egregious matter for HSBC Bank USA (a gold bullion transfer and nine funds transfers) had a base penalty of $467,000. Part of a global settlement; the obligation was deemed satisfied by a $375 million payment to the Department of Justice and the New York County District Attorney.

The HSBC case is best known for the money-laundering failures that ran through the same day’s announcements. The sanctions part is separate, and it is mostly not about Iran.

Two matters, one day

On 11 December 2012 Treasury announced $875 million in settlements with HSBC through FinCEN, the OCC and OFAC, part of a wider action that assessed more than $1.9 billion in total. Most of the announcement concerned Bank Secrecy Act failures at HSBC Bank USA, including its treatment of Mexico. OFAC’s $375 million is a different matter, covering sanctions, and its enforcement notice does not mention the Mexico conduct.

What OFAC counted

HSBC Group processed 2,335 wire transfers worth about $430 million across five programmes. The base penalty, set at the statutory maximum of $1.16 billion because the violations were egregious and not self-disclosed, divides like this:

ProgrammeTransfersApproximate valueBase penalty
Burma1,031$136.7m$416.3m
Sudan1,036$109.0m$378.6m
Iran203$164.3m$355.4m
Libya25$1.2m$7.0m
Cuba40$18.8m$2.6m

Iran was the largest by value and third by penalty. Burma carries the biggest share, 36 per cent, because penalties run per violation against a statutory maximum: a thousand small transfers cost more than two hundred large ones.

How, according to Treasury

Treasury’s press release says HSBC’s London head office and Dubai branch “engaged in payment practices that interfered with the implementation of U.S. economic sanctions by financial institutions in the United States.” They included SWIFT messages “in a manner that obscured references implicating U.S. sanctions,” removal of information from SWIFT messages, and forwarding payment messages to US banks that “falsely referenced an HSBC affiliate as the ordering institution.” See correspondent banking abuse and the UAE page.

The separate gold matter

OFAC also settled a smaller, non-egregious matter. Between May 2006 and October 2008, HSBC Bank USA failed to block or reject a book-entry transfer of 32,000 ounces of gold bullion for the ultimate benefit of a bank owned or controlled by the Government of Iran, and processed nine electronic funds transfers worth $21.8 million in apparent violation of several regulations, including a Zimbabwe order. Its base penalty was $467,000.

The penalty

OFAC cited failure to exercise a minimal degree of caution, awareness among employees including senior management, significant harm to the programmes, and inadequate policies. It mitigated because some transactions might have been licensable, for a clean five-year record, substantial cooperation, remediation and the global settlement. The $375 million was deemed satisfied by payment to the Justice Department and the New York County District Attorney.

What the record shows

  • The biggest programme was Burma. The settlement is often remembered as an Iran case. See the stripping-era note for how the same is true of other banks.
  • The method came from the head office. Treasury places the practices at the London head office and Dubai branch, not at a remote affiliate.

Techniques this case demonstrates

Programmes and jurisdictions in this case

  • Myanmar (Burma) sanctions — The current US programme, built on E.O. 14014 of 2021, blocks the military, the defence and jet fuel sectors, and anyone materially supporting them. OFAC still uses the name Burma.
  • Sudan sanctions — A US embargo regime from 1997, revoked in 2017 and followed by targeted measures. Its main relevance here is historical: several of the largest penalties in OFAC's record concern conduct from the years it was in force.
  • Iran sanctions — A layered set of US, EU and UN measures dating from 1979 and substantially rebuilt after 2018, covering energy, finance, shipping, and proliferation-related procurement.
  • Cuba sanctions — The oldest US embargo still administered by OFAC: the Cuban Assets Control Regulations of 1963, layered with later statutes, that prohibit most transactions involving Cuba or its nationals unless licensed.
  • Libya sanctions — A UN regime aimed at armed groups, illicit petroleum exports and the misuse of Libyan state institutions, with a parallel US programme. The Panel of Experts' reporting documents fuel smuggling in unusual detail.
  • United Arab Emirates — A major re-export hub and financial centre that appears in enforcement records across almost every technique on this site, principally because of the volume of trade that passes through it.

Enforcement documents and sources

  1. HSBC Holdings plc Settles Potential Liability for Apparent Violations of Multiple Sanctions Programs (enforcement information for December 11, 2012). U.S. Department of the Treasury, Office of Foreign Assets Control, 2012. Enforcement information, 2012-12-11, US$375,000,000.
  2. Treasury Department Reaches Landmark Settlement with HSBC. U.S. Department of the Treasury, 2012. Press release, 11 December 2012.
  3. Civil Penalties and Enforcement Information. U.S. Department of the Treasury, Office of Foreign Assets Control, 2026.

All enforcement cases