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Financial Services Law Insights and Observations

OFAC sanctions persons connected to human rights abuses

Financial Crimes OFAC Department of Treasury Of Interest to Non-US Persons Belarus OFAC Sanctions

Financial Crimes

On June 21, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to Executive Order 13405 against 16 individuals and five entities for allegedly facilitating and perpetrating “the Lukashenka regime’s continued assault against peaceful protesters, journalists, members of the opposition, and civil society.” One of the individuals is also being sanctioned for “having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of,” the designated Lukashenka regime. As a result of the sanctions, all property and interests in property belonging to the sanctioned persons, and “any entities that are owned, directly or indirectly, 50 percent or more” by the blocked persons that are subject to U.S. jurisdiction are blocked. OFAC notes that its regulations generally prohibit U.S. persons from participating in transactions with the designated persons, which include “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods or services from any such person.”

The same day, OFAC also issued Belarus General License (GL) 3 and related FAQs 912 and 913. Specifically, GL 3 authorizes limited transactions and activities involving the State Security Committee of the Republic of Belarus that are necessary and ordinarily incident to “requesting, receiving, utilizing, paying for, or dealing in” certain licenses and authorizations for the importation, distribution, or use of certain information technology products in Belarus, and is intended to ensure that U.S. persons that engage in certain business activities that are not otherwise prohibited are not unduly impacted.