Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the Bhardwaj Human Smuggling Organization (Bhardwaj HSO), a transnational criminal organization (TCO) based in Cancun, Mexico, as well as its leader Vikrant Bhardwaj (Bhardwaj), three other individuals, and 16 companies that have facilitated and profited from the HSO’s criminal activities. The Bhardwaj HSO has smuggled thousands of illegal aliens from Europe, the Middle East, South America, and Asia into the United States. In addition to human smuggling, the Bhardwaj HSO is involved in drug trafficking, bribery, and money laundering. Vikrant Bhardwaj (Bhardwaj) is a dual Indian-Mexican national and the leader of the Bhardwaj HSO. Bhardwaj is the self-identified founder and chief executive officer of several companies in Mexico, India, and the United Arab Emirates (UAE). He collects and launders illicit money through his marinas and various businesses. Bhardwaj has been able to evade law enforcement authorities while continuing to profit from human smuggling and drug trafficking.
Transnational Criminal Organizations Sanctions Regulations, 31 C.F.R. part 590;
Executive Order 13581 of July 24, 2011 Blocking Property of Transnational Criminal Organizations
Regime
OFAC-horizontal
Target State
Criminal organizations
Measures
Blocking Property
Official Information
On January 12, 2012, OFAC issued the Transnational Criminal Organizations Sanctions Regulations, 31 CFR part 590 (77 FR 1864, January 12, 2012) (the “Regulations”), to implement Executive Order (E.O.) 13581 of July 24, 2011, “Blocking Property of Transnational Criminal Organizations” (76 FR 44757, July 27, 2011), pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13581. The Regulations were initially issued in abbreviated form for the purpose of providing immediate guidance to the public. OFAC amended the Regulations on July 23, 2019 (84 FR 35307, July 23, 2019) to implement E.O. 13863 of March 15, 2019, “Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Organizations” (84 FR 10255, March 19, 2019), which amended E.O. 13581. OFAC is amending and reissuing the Regulations as a more comprehensive set of regulations that includes additional interpretive guidance and definitions, general licenses, and other regulatory provisions that will provide further guidance to the public. Due to the number of regulatory sections being updated or added, OFAC is reissuing the Regulations in their entirety.
E.O. 13581 On July 24, 2011, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), issued E.O. 13581. In E.O. 13581, the President found that the activities of significant transnational criminal organizations, such as those listed in the Annex to E.O. 13581, have reached such scope and gravity that they threaten the stability of international political and economic systems. The President further found that such organizations are becoming increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets. The President stated these organizations facilitate and aggravate violent civil conflicts and increasingly facilitate the activities of other dangerous persons. The President determined that the activities of significant transnational criminal organizations constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and declared a national emergency to deal with that threat.
