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July 14, 2022: Russia, Russia, Russia… again

On Thursday, OFAC removed the following listings:

SUBSIDIARY BANK ALFA-BANK JSC (a.k.a. JSC SB ALFA BANK), Masanchy Street 57a, Almaty 050012, Kazakhstan; SWIFT/BIC ALFAKZKA; Website www.alfabank.kz; Organization Established Date 1994 [RUSSIA-EO14024] (Linked To: JOINT STOCK COMPANY ALFA-BANK). 

JSC SB ALFA BANK (a.k.a. SUBSIDIARY BANK ALFA-BANK JSC), Masanchy Street 57a, Almaty 050012, Kazakhstan; SWIFT/BIC ALFAKZKA; Website www.alfabank.kz; Organization Established Date 1994 [RUSSIA-EO14024] (Linked To: JOINT STOCK COMPANY ALFA-BANK).

from the Russian sanctions program.

Additionally, there are 3 updated General Licenses: 6 (now 6B), 25 (now 25C), and 30 (now 30A):

  • GL 6B removes the requirement that clinical trial and research activities must have been active prior to March 24, 2022
  • GL 25C added Oriental Review to the list of firms for whom transactions are not authorized
  • GL 30A now expires December 16, 2022, and was changed to reflect the new name of Gazprom Germania GmbH

And they also issued a new one – 44, which permits providing tax preparation and filing services to US persons located in Russia.

Note: the changes to General Licenses noted above is provided on a best-effort basis, due to the complexity of the extensive text involved.

Also, the following Frequently Asked Questions (FAQs) were updated:

Russian Harmful Foreign Activities Sanctions

1040. Are transactions related to telecommunications and certain internet-based communications that involve persons designated pursuant to Executive Order 14024 authorized by Russia-related General License (GL) 25C?

GL 25C authorizes certain transactions ordinarily incident and necessary to the receipt or transmission of telecommunications involving the Russian Federation that are prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR).  In addition, GL 25C authorizes certain transactions from the United States or by U.S. persons, wherever located, to the Russian Federation that are incident to the exchange of communications over the internet and that are prohibited by the RuHSR.  However, GL 25C explicitly excludes from the authorization any transactions involving Joint Stock Company Channel One Russia, Television Station Russia-1, Joint Stock Company NTV Broadcasting Company, Limited Liability Company Algoritm, New Eastern Outlook, or Oriental Review, which are designated pursuant to Executive Order 14024

For further information on relevant authorizations, exemptions, and public guidance, please review OFAC’s Fact Sheet, “Preserving Agricultural Trade, Access to Communication, and Other Support to Those Impacted by Russia’s War Against Ukraine.” 

Date Updated July 14, 2022

Updated on 07/14/2022

Russian Harmful Foreign Activities Sanctions

1039. Are transactions ordinarily incident and necessary to the exportation or reexportation of agricultural commodities to, from, or transiting the Russian Federation that involve Agropromyshlennyi Kompleks Voronezhskii OOO, Anninskii Elevator OOO, and Azovskaya Zernovaya Kompaniya OOO authorized under OFAC sanctions?

Yes.  On May 8, 2022, OFAC designated Agropromyshlennyi Kompleks Voronezhskii OOO, Anninskii Elevator OOO, and Azovskaya Zernovaya Kompaniya OOO pursuant to Executive Order (E.O.) 14024 for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, Joint Stock Company Moscow Industrial Bank (MIB), which was also designated on May 8, 2022 pursuant to E.O. 14024 for operating or having operated in the financial services sector of the Russian Federation economy.  Russia-related General License (GL) 6B authorizes, among other activities, certain transactions prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR), that are related to the sale, or transport of agricultural commodities, which includes transactions ordinarily incident and necessary to the exportation or reexportation of agricultural commodities to, from, or transiting the Russian Federation.  For additional information, please see the text of GL 6B.

For further information on relevant authorizations, exemptions, and public guidance, please review OFAC’s Fact Sheets, “Preserving Agricultural Trade, Access to Communication, and Other Support to Those Impacted by Russia’s War Against Ukraine ” and “Russia Sanctions and Agricultural Trade”.

Date Updated: July 14, 2022

Updated on 07/14/2022

Russian Harmful Foreign Activities Sanctions

967. What does Directive 2 under Executive Order (E.O.) 14024, “Prohibitions Related to Correspondent or Payable-Through Accounts and Processing of Transactions Involving Certain Foreign Financial Institutions” (Russia-related CAPTA Directive) prohibit?

The Russia-related CAPTA Directive prohibits U.S. financial institutions from:  (i) the opening or maintaining of a correspondent account or payable-through account for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive; and (ii) the processing of transactions involving foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive.  Please see the Russia-related CAPTA Directive for the definition of the terms “U.S. financial institution” and “foreign financial institution” for purposes of this directive.  Please see FAQ 969 regarding the applicability of OFAC’s 50 Percent Rule with respect to this directive.

Annex 1 to the Russia-related CAPTA Directive lists the foreign financial institutions determined to be subject to the prohibitions as of March 26, 2022.  Foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive, including the foreign financial institutions listed in Annex 1, can be found on the Office of Foreign Assets Control’s (OFAC) List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List).  Relevant entries on the CAPTA List will denote when a foreign financial institution became subject to the prohibitions of the Russia-related CAPTA Directive, as well as when the prohibitions of the Russia-related CAPTA Directive come into effect with respect to that foreign financial institution.

The below table identifies the dates the prohibitions of the Russia-related CAPTA Directive take effect for (i) foreign financial institutions listed in Annex 1 to the Russia-related CAPTA Directive, and (ii) foreign financial institutions otherwise determined to be subject to its prohibitions and added to the CAPTA List.

Foreign Financial Institution Type

Foreign financial institutions listed in Annex 1 to the Russia-related CAPTA Directive

Foreign financial institution otherwise determined to be subject to the prohibitions of the Russia-related CAPTA Directive

Relevant Sanctions Effective Date

12:01 a.m. eastern daylight time on March 26, 2022

12:01 a.m. eastern time on the date that is 30 days after the date of such determination

U.S. financial institutions must close any correspondent or payable-through account maintained for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive, or their property or interests in property, by the relevant effective date.  Separately, as of the relevant effective date, U.S. financial institutions may not process transactions involving foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive, or their property or interests in property, and must reject such transactions unless exempt or authorized by OFAC.

Accordingly, after the relevant effective date, U.S. financial institutions must reject any transaction involving a foreign financial institution determined to be subject to the prohibitions of the Russia-related CAPTA Directive or involving that foreign financial institution’s property or interests in property.  This includes rejecting transactions related to any securities (including depositary receipts) issued by a foreign financial institution determined to be subject to the prohibitions of the Russia-related CAPTA Directive, including secondary market trading. For certain authorized securities-related transactions, see GL 9C and FAQ 981.  By virtue of the prohibition on the processing of transactions for or on behalf of foreign financial institutions determined to be subject to the prohibitions of the Russia-related CAPTA Directive, U.S. financial institutions are also prohibited from engaging in transactions with a covered foreign financial institution in connection with the foreign financial institution’s role as a local custodian for depositary receipt issuances.

The Russia-related CAPTA Directive does not impose blocking sanctions and, thus, does not require U.S. financial institutions (or other U.S. persons) to block the assets of foreign financial institutions determined to be subject to the prohibitions of this directive.  However, U.S. persons should be aware that foreign financial institutions subject to the prohibitions of the Russia-related CAPTA Directive may also be subject to additional prohibitions under other sanctions authorities, such as additional directives under E.O. 14024  or E.O. 13662.

OFAC issued several Russia-related general licenses (GLs) authorizing certain transactions involving the foreign financial institutions subject to the prohibitions of the Russia-related CAPTA Directive, including: 

  • GL 6B: authorizing transactions related to (1) the production, manufacturing, sale, or transport of agricultural commodities, agricultural equipment, medicine, medical devices, replacement parts and components for medical devices, or software updates for medical devices; (2) the prevention, diagnosis, or treatment of COVID-19 (including research or clinical studies relating to COVID-19); or (3) ongoing clinical trials and other medical research activities; 
  • GL 7A: authorizing overflight payments, emergency landings, and air ambulance services;
  • GL 8C: authorizing transactions related to energy; and
  • GL 27: authorizing transactions in support of nongovernmental organizations’ activities
     

On March 1, 2022, OFAC issued the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR), which incorporate GL 5 in section 587.510 of the RuHSR.

For additional information, please see FAQs 976977978979981982 and 990.

Date Updated: July 14, 2022

Updated on 07/14/2022

Additionally, a Food Security Fact Sheet: Russia Sanctions and Agricultural Trade, was issued. I will post that separately.

Links:

OFAC Notice

General Licenses: 6B, 25C, 30A, 44

Updated FAQs

Food Security Fact Sheet

Categories: Fact Sheets Frequently Asked Questions (FAQ) Guidance Licenses OFAC Updates Russian Harmful Foreign Activities Sanctions Sanctions Lists

eric9to5

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