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OFAC updates Venezuela-related FAQs, addresses new debt prohibitions
On February 12, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the release of updated FAQs to provide additional guidance on debt-related prohibitions outlined in Executive Order 13808 (E.O. 13808). Specifically, under E.O. 13808, U.S. persons (along with persons within the U.S.) are prohibited from “engaging in transactions related to, providing financing for, or otherwise dealing in new debt” with maturities longer than 90 days for Venezuela’s state-owned oil company or 30 days for other segments of the Government of Venezuela. “New debt” is defined as debt created on or after August 25, 2017, which includes the extension of credit for the sale of goods or services. OFAC cautioned that receiving payments outside of the stipulated maturity payments is generally prohibited. The FAQs also address the handling of certain late payments related to new debt incurred by the state-owned oil company or the Government of Venezuela.
See here for previous InfoBytes coverage of Venezuelan sanctions.
OFAC issues sanctions against persons involved in Hizballah financial network
On February 2, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against six individuals and seven entities for providing financial support to terrorists or acts of terrorism. Issued pursuant to Executive Order 13224, which “provides a means by which to disrupt the financial support network for terrorists and terrorist organizations by authorizing the U.S. government to designate and block the assets of foreign individuals and entities that commit, or pose a significant risk of committing, acts of terrorism,” the sanctions target the business operations of Hizballah and serve to further Treasury’s continued measures to “sever Hizballah from the international financial system.” OFAC stressed that, pursuant to the Hizballah Financial Sanctions Regulations, it has the authority to “prohibit or impose strict conditions on the opening or maintaining in the [U.S.] of a correspondent account or a payable-through account by a foreign financial institution that knowingly facilitates a significant transaction for Hizballah, or a person acting on behalf of or at the direction of, or owned or controlled by, Hizballah.” All property, or interests in property, held by the sanctioned individuals and entities within U.S. jurisdiction will be blocked, and transactions between the sanctioned individuals and entities and Americans are also “generally prohibited.”
Treasury releases list of Russian senior foreign political figures and oligarchs, does not impose new sanctions
On January 29, the U.S. Treasury Department released an unclassified report to Congress containing a list of 210 individuals who are either senior foreign political figures in the Russian Federation or Russian oligarchs with a net worth of at least $1 billion. Treasury emphasized that the report—which was mandated through Section 241 of the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA)— (i) is not a sanctions list; (ii) should not be interpreted as a determination that individuals or entities included in the report or listed within classified appendices or annexes meet the criteria for sanctions designation (individuals and entities subject to separate sanctions are denoted within the report); and (iii) does not serve to indicate that the U.S. Government possesses information about an “individual’s involvement in malign activities.” Classified lists that may include officials and oligarchs of lesser rank and wealth will be submitted as well. Additionally, Treasury submitted to Congress a required classified annex to the report, which lists Russian parastatals entities that are defined as “companies in which state ownership is at least 25 percent and that had 2016 revenues of approximately $2 billion or more.” The annex also presents an analysis of potential impact on the U.S. economy that may result should additional debt and equity restrictions or sanctions be imposed on the identified entities.
Separately, on January 30, Treasury released updated FAQs to address questions related to the report’s release.
See here for additional CAATSA InfoBytes coverage.
OFAC further expands sanctions in connection with Ukrainian conflict
On January 26, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced its decision to sanction an additional 21 individuals and nine entities, pursuant to four executive orders (see Executive Orders 13660, 13661, 13662, and 13685), in connection with the United States’ support of Ukraine’s “sovereignty and territorial integrity” and opposition to Russia’s occupation of Crimea. Among other things, the financial sanctions target Russian government officials, Russian business executives, and Ukrainian separatist leaders involved with Russia’s occupation as part of efforts to hold responsible individuals accountable. Also sanctioned are nine technology, construction, and shipping firms supporting Russia’s occupation. As part of the announcement, Treasury Secretary Steven Mnuchin stated that “[t]he U.S. government is committed to maintaining the sovereignty and territorial integrity of Ukraine and to targeting those who attempt to undermine the Minsk agreements.” He further indicated that “[t]hose who provide goods, services, or material support to individuals and entities sanctioned by the United States for their activities in Ukraine are engaging in behavior that could expose them to U.S. sanctions.” All property, or interests in property, held by the sanctioned individuals and entities within U.S. jurisdiction will be blocked, and transactions between the sanctioned individuals and entities and Americans are also “generally prohibited.”
Visit here for additional InfoBytes coverage on Russian and Ukrainian sanctions.
OFAC continues to expand North Korean sanctions
On January 24, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) imposed additional sanctions in response to North Korea's ongoing weapons development programs, continued sanctions evasions, and United Nations Security Council Resolutions violations. The sanctions were issued against nine entities, 16 individuals, and six vessels pursuant to Executive Orders 13810 or 13687. Five of the sanctioned individuals have links to North Korean financial networks, with several of the individuals in possession of accounts held at Chinese banks. All property held by the sanctioned individuals and entities within U.S. jurisdiction was frozen, and transactions between the sanctioned individuals and entities and Americans are also prohibited.
See here for previous InfoBytes coverage on North Korean sanctions.
OCC announces recent enforcement actions and terminations, BSA/AML deficiencies targeted
On January 19, the OCC released a list of recent enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with such parties. The new enforcement actions include civil money penalty orders, cease and desist orders, prompt corrective action directives, and removal/prohibition orders. The list also includes recently terminated enforcement actions.
Civil Monetary Penalty. On December 27, the OCC issued a consent order (2017 Order) against a national bank’s South Dakota branch for violating a 2012 OCC issued consent order (2012 Order) related to deficiencies identified in the agency’s Bank Secrecy Act and anti-money laundering (BSA/AML) rules and regulations. According to the 2017 Order, the branch failed to timely comply with the 2012 Order, which required the branch to, among other things, (i) establish a Compliance Committee to oversee the branch’s adherence to the outlined provisions; (ii) submit, implement, and maintain an effective BSA/AML action plan; (iii) ensure the effective implementation of policies and procedures, which would fulfill BSA/AML and Office of Foreign Assets Control obligations; (iv) conduct a BSA/AML compliance program evaluation, risk assessment, and audit program; (v) develop appropriate customer due diligence policies and procedures, along with programs to ensure the timely identification and reporting of suspicious activity; (vi) develop practices governing the use of cash letter services and remote deposit capture; and (vii) conduct independent reviews of account and transaction activity. As a result, the 2017 Order requires the branch to pay a $70 million civil money penalty for failing to comply with the 2012 Order. The bank, while agreeing to the terms of the consent order, has not admitted or denied any wrongdoing.
OFAC releases updated Venezuela-related FAQs
On January 19, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the release of updated FAQs to address the prohibition of United States persons from purchasing or dealing in the Venezuelan government’s proposed digital currency under Executive Order 13808.
See here for previous InfoBytes coverage of Venezuelan sanctions.
Federal Reserve fines Taiwanese bank $29 million for anti-money laundering compliance deficiencies
On January 17, the Federal Reserve Board (Fed) ordered a Taiwanese bank to pay a $29 million penalty in connection with alleged Bank Secrecy Act and anti-money laundering (BSA/AML) violations. According to the Fed’s Order, examinations conducted in 2016 identified “significant deficiencies” in three of the bank’s U.S. branches’ BSA/AML compliance and risk management controls. In addition to assessing a penalty, the Order required the bank and its New York, Chicago, and San Jose branches to, among other things, (i) submit a written plan from the board of directors for improving senior management oversight, including building a sustainable governance framework for BSA/AML compliance; (ii) submit compliance plans for enhanced internal controls, independent testing, risk assessment, and employee training; (iii) submit a revised program designed to conduct customer due diligence; (iv) ensure timely, accurate, and complete suspicious activity monitoring and reporting; (v) engage an independent third-party to review the identification and reporting of suspicious activity “involving high risk customers or transactions”; (vi) comply with Office of Foreign Assets Control regulations; and (vii) submit periodic progress reports to the branches’ applicable Federal Reserve Banks detailing actions taken to comply with the provisions of the order.
OFAC expands Venezuelan and Iranian sanctions
On January 5, the Treasury Department’s Office of Foreign Assets Control (OFAC) imposed additional sanctions against four current or former officials of the Venezuelan government. The designations, issued pursuant to Executive Order 13692, identify officials who are “associated with corruption and repression in Venezuela” and have “forsaken the professional republican mission of the military institution, which . . . is to be ‘with no political orientation … and in no case at the service of any person or political partisanship.’” All assets belonging to the identified individuals subject to U.S. jurisdiction are frozen, and U.S. persons are generally prohibited from dealing with them. See here for previous InfoBytes coverage of Venezuelan sanctions.
Separately on January 4, OFAC designated five Iranian entities, pursuant to Executive Order 13382 (E.O. 13382), for their ties to Iran’s ballistic missile program. The five entities identified in the designation are either owned or controlled by an Iranian group that is “responsible for the development and production of Iran's solid-propellant ballistic missiles, is listed in the Annex to E.O. 13382 and is currently sanctioned by the U.S., UN, and EU.” In addition to freezing assets subject to U.S. jurisdiction and prohibiting U.S. persons from engaging in transactions with the entities, “foreign financial institutions that knowingly facilitate significant transactions for, or persons that provide material or certain other support to, the entities designated today risk exposure to sanctions that could sever their access to the U.S. financial system or block their property and interests in property under U.S. jurisdiction.” See here for previous InfoBytes coverage of Iranian sanctions.
OFAC amends Iraq Stabilization and Insurgency Sanctions Regulations, sanctions additional North Koreans
On December 27, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) released amendments to its Iraq Stabilization and Insurgency Sanctions Regulations (ISISR) to implement Executive Order 13668 (“Ending Immunities Granted to the Development Fund for Iraq and Certain Other Iraqi Property and Interests in Property Pursuant to Executive Order 13303, as Amended”). Previously, the ISISR prohibited and deemed null and void “any attachment, judgment, decree, lien, execution, garnishment, or other judicial process” related to (i) the sale and marketing of petroleum and petroleum products involving U.S. persons; and (ii) “any accounts, assets, investments, or any other property of any kind owned by, belonging to, or held by the Central Bank of Iraq, or held, maintained, or otherwise controlled by any financial institution of any kind in the name of, on behalf of, or otherwise for the Central Bank of Iraq.” OFAC’s amendments remove these prohibitions, and also implement technical and conforming changes. The amendments took effect December 28.
Separately, on December 26, OFAC announced that two North Korean individuals have been added to the Specially Designated Nationals List. Assets belonging to individuals on the list are blocked, and transactions by U.S. persons involving these individuals or that are otherwise subject to U.S. jurisdiction are also generally prohibited. See here for previous InfoBytes coverage on North Korean sanctions.