Link:

EU Notice

On Friday, OFAC added the following 2 persons:

AJING ATER, Kur (a.k.a. AJING ATER KUR, Kur; a.k.a. AJING, Kur), Juba, South Sudan; DOB 02 Jan 1962; POB Equatorial Guinea; nationality South Sudan; Gender Male; Passport B00001010 (South Sudan) expires 11 Aug 2022 (individual) [GLOMAG]. 

 

AL-CARDINAL, Ashraf Seed Ahmed (a.k.a. HUSSEIN, Ashraf Said Ahmed; a.k.a. HUSSEIN, Ashraf Seed Ahmed; a.k.a. SEED AHMED, Asharaf; a.k.a. SEED AHMED, Ashraff; a.k.a. SEEDAHMED, Ashiraf; a.k.a. “ALI, Ashraf Sayed”; a.k.a. “HUSSEIN ALI, Ashraf”), 1 College Yard, Winchester Avenue, London, England NW6 7UA, United Kingdom; 207 Jersey Road, Osterley, London TW7 4RE, United Kingdom; DOB 01 Jan 1957 to 31 Jan 1957; nationality Sudan; Gender Male (individual) [GLOMAG].

and 6 entities:

 

AL CARDINAL INVESTMENTS CO. LTD (a.k.a. AL-CARDINAL INVESTMENTS COMPANY LIMITED), 201 Kasini Road, Mombasa, Kenya; Juba, South Sudan; Tax ID No. 100104695 (South Sudan) [GLOMAG] (Linked To: AL-CARDINAL, Ashraf Seed Ahmed). 

 

ALCARDINAL GENERAL TRADING LIMITED, 207 Jersey Road, Osterley, London TW7 4RE, United Kingdom; Company Number 08227698 (United Kingdom) [GLOMAG] (Linked To: AL-CARDINAL, Ashraf Seed Ahmed). 

 

ALCARDINAL GENERAL TRADING LLC, Dubai, United Arab Emirates [GLOMAG] (Linked To: AL-CARDINAL, Ashraf Seed Ahmed). 

 

ALCARDINAL PETROLEUM COMPANY LIMITED (a.k.a. ALCARDINAL PETROLEUM CO. LTD), Mombasa, Kenya; Juba, South Sudan [GLOMAG] (Linked To: AL-CARDINAL, Ashraf Seed Ahmed). 

 

LOU TRADING AND INVESTMENT COMPANY LIMITED (a.k.a. LOU TRADING AND INVESTMENT CO LTD; a.k.a. LOU TRADING AND INVESTMENT COMPANY LTD), Juba, South Sudan; Tax ID No. 100108046 (South Sudan) [GLOMAG] (Linked To: AJING ATER, Kur). 

 

NILETEL, Juba, South Sudan [GLOMAG] (Linked To: AL-CARDINAL, Ashraf Seed Ahmed).

to its SDN List under its Global Magnitsky human rights abuses and corruption sanctions program.

And Treasury:

PRESS RELEASES

Treasury Sanctions Businessmen in South Sudan for Corrupt Dealings with Government Officials and Sanctions Evasion

Global Magnitsky designations target government insiders engaging in bribery, kickbacks, and procurement fraud while draining state coffers

Washington – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Ashraf Seed Ahmed Al-Cardinal (Al-Cardinal) and Kur Ajing Ater (Ajing) for their involvement in bribery, kickbacks and procurement fraud with senior government officials.  OFAC is also designating five companies determined to be owned or controlled by Al-Cardinal, and one company owned or controlled by Ajing.  OFAC designated these individuals and entities pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption. 

“These South Sudanese elites and corrupt government officials have drained state coffers and usurped the country’s resources with impunity.  Al-Cardinal and Ajing leverage their businesses and political connections to engage in corruption at great expense to the South Sudanese people,” said Sigal Mandelker, Treasury Under Secretary for Terrorism and Financial Intelligence.  “The South Sudanese government must take urgent measures to increase transparency and enforce accountability against those involved in systemic corruption.  Privileged elites should not be allowed to profit from conflict as they undermine efforts to bring lasting peace to South Sudan.” 

As a result of today’s action, all property and interests in property of the individuals and entities named below, and of any entities that are owned, directly or indirectly, 50 percent or more by them, individually, or with other designated persons, that are in the United States or in the possession or control of U.S. persons, are blocked and must be reported to OFAC.  Unless authorized by a general or specific license issued by OFAC or otherwise exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons.  In addition, any approval, financing, facilitation, or guarantee by a U.S. person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited by E.O. 13818 if performed by a U.S. person or within the United States would be prohibited.

ASHRAF SEED AHMED AL-CARDINAL

Sudanese businessman Al-Cardinal has been used by a senior South Sudanese government official as an intermediary to deposit and hold a large amount of funds in a country outside of South Sudan.  Following OFAC’s designation of Benjamin Bol Mel in December 2017, the senior South Sudanese official began to use a bank account in the name of one of Al-Cardinal’s companies to store his personal funds in an attempt to avoid the effects of potential sanctions designations.  Further, in early 2019, the South Sudanese government made millions of dollars in payments to a company owned by Al-Cardinal; while the official reason was for the payment for food, the money instead went to senior South Sudanese government officials.  Other South Sudanese government officials have expressed dissatisfaction with the massive corruption in the South Sudanese government, noting that although large amounts of money were paid to Al-Cardinal for supplies and provisions, government forces never seemed to be adequately supplied. 

Separately, a company partially owned by Al-Cardinal has been publicly implicated in the importation of amphibious armored vehicles into South Sudan that gave the Government of South Sudan the ability to extend offensives that included violent attacks on innocent civilians.

Five companies owned or controlled by Al-Cardinal were also designated today:  Alcardinal General Trading Limited, Alcardinal General Trading LLC, Al Cardinal Investments Co. LTD, Alcardinal Petroleum Company limited, and NILETEL.

Al-Cardinal is being designated for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery.

KUR AJING ATER

Ajing is a South Sudanese businessman who has bribed key officials in the Government of South Sudan in order to maintain influence and access to the South Sudanese oil market.  Ajing used these bribes to both curry favor with a senior gatekeeper within the Government of South Sudan and to ensure the silence and compliance of a key government officials.  In late 2018, the South Sudanese government made a large cash payment to Ajing.  While the official reason was for the payment of food, the money instead went directly to a senior South Sudanese government official.  In addition, Ajing has been obligated large amounts of oil by the Government of South Sudan, and has given money and vehicles to government officials in return.  Ajing has claimed to have paid senior officials millions of dollars and has cooperated with the request of a senior official to route oil payments in cash rather than through official bank accounts.  Further, Ajing was the recipient of a multi-year contract to purchase food for the South Sudanese military, and in return, paid a percentage of the contract back to a senior South Sudanese government official.  According to public media reports, Ajing received millions of dollars in contracts for the South Sudanese military, including one contract that alone exceeds the total amount budgeted for the military’s goods and services for the year by a factor of ten.

Ajing is being designated for having materially assisted, sponsored, or provided financial, material, technological support for, or goods or services to or in support of, an entity that has engaged in, or whose members have engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery.  One company owned or controlled by Ajing was also designated today:  Lou Trading and Investment Company Limited.

GLOBAL MAGNITSKY

Building upon the Global Magnitsky Human Rights Accountability Act, on December 20, 2017, the President signed E.O. 13818, in which the President found that the prevalence of human rights abuse and corruption which have their source, in whole or in substantial part, outside the United States, had reached such scope and gravity that it threatens the stability of international political and economic systems.  Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets.  The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons. 

To date, the Department of the Treasury has designated 122 individuals and entities under E.O. 13818.  This figure is in addition to the numerous human rights or corruption related designations Treasury has issued under other various authorities.  In total, since January of 2017, Treasury has taken action against more than 680 individuals and entities with links to human rights abuse or corruption. 

and State:

Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Ashraf Seed Ahmed Al-Cardinal (Al-Cardinal) and Kur Ajing Ater (Ajing) for their involvement in corruption in South Sudan.  Five companies determined to be owned or controlled by Al-Cardinal and one company owned or controlled by Ajing were also sanctioned.

OFAC designated these individuals and entities pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption.  Today’s action demonstrates continued U.S. commitment to prevent and combat corruption globally.

The corrupt activities of these individuals robbed critical resources from a war-torn country.  The population of South Sudan faces food insecurity, and an estimated one-third of South Sudanese have been forced to flee their homes.

We urge the Government of South Sudan to take seriously the clear linkage between corrupt activities and the motive of some elites to disrupt the peace agreement, the implementation of which has reached a critical stage.

issued press releases.

Links:

OFAC Notice

Press Releases: State, Treasury

PRESS RELEASES

Treasury Developing New Authorities to Target Turkey for Any Potential Human Rights Abuses or Destabilizing Actions in Syria

Impending Presidential E.O. Will Authorize Treasury to Sanction Turkish Government Agencies and Officials 

Washington – Given Turkey’s ongoing military offensive in northeastern Syria, President Donald J. Trump intends to sign an Executive Order to dissuade Turkey from any further offensive military action in northeast Syria, including but not limited to indiscriminate targeting of civilians, targeting of civilian infrastructure, targeting of ethnic or religious minorities, or targeting or other actions that undermine the continued counterterrorism activities of the Syrian Democratic Forces.  It is imperative that Turkey not allow even a single ISIS fighter to escape.  The Order will delegate to the Secretary of the Treasury, in consultation with the President and the Secretary of State, authority to designate individuals and entities of the Government of Turkey involved in human rights abuses or actions leading to the further deterioration of peace, security, and stability in northeastern Syria. The Order also will give the Secretary of the Treasury the authority to impose secondary sanctions on those engaging in knowing and significant transactions with designated individuals and entities of the Government of Turkey.

“At the direction of President Trump we will be targeting specific Turkish individuals or departments as needed,” said Secretary Steven T. Mnuchin.  “This is a notice to banks and other parties to be on notice of potential actions.”

Link:

Treasury Press Release

On Friday, Swiss authorities added the following individuals to its Venezuela sanctions program:

SSID: 290-40995 Name: Nestor Blanco Hurtado

Sex: M DOB: 26 Sep 1982 Identification document: ID card No. V-15222057, Venezuela Justification: Major in the Bolivarian National Guard (GNB), operated alongside officials in the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) since at least Dec 2017. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in DGCIM facilities. Modifications: Listed on 11 Oct 2019

SSID: 290-41001 Name: Rafael Ramon Blanco Marrero

Sex: M DOB: 28 Feb 1968 Identification document: ID card No. V-6250588, Venezuela Justification: Deputy Director of the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) since at least Dec 2018 and Division General of the Venezuelan Bolivarian National Army since 5 Jul 2019. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in DGCIM facilities that were committed by DGCIM officials under his command. Linked to the death of Captain Acosta. Modifications: Listed on 11 Oct 2019

SSID: 290-41007 Name: Carlos Calderon

Sex: M

Justification: Senior office holder (referred to as Commissioner, Director and Director General) in the Bolivarian National Intelligence Service (SEBIN). Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in SEBIN facilities. In particular, he participated in and was responsible for acts of torture and the cruel, inhuman and degrading treatment of detainees in El Helicoide, a SEBIN prison. Modifications: Listed on 11 Oct 2019

SSID: 290-41011 Name: Alexis Enrique Escalona Marrero

Sex: M DOB: 12 Oct 1962

Justification: Chief in Charge of the National Office Against Organized Crime and Terrorist Financing (ONDOFT). National Commander of the National Anti-Extortion and Kidnapping Command (Comando Nacional Antiextorsión y Secuestro (CONAS)) between 2014 and 2017. Responsible for serious human rights violations, including torture, excessive use of force and the mistreatment of detainees by members of CONAS under his command. Also responsible for the repression of civil society by members of CONAS under his command. Modifications: Listed on 11 Oct 2019

SSID: 290-41016 Name: Rafael Antonio Franco Quintero

Sex: M DOB: 14 Oct 1973 Identification document: ID card No. V-11311672, Venezuela Justification: Agent in the Bolivarian National Intelligence Service (SEBIN). Head of Investigations at the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) between at least 2017 and Dec 2018. Responsible for serious human rights violations, including torture, excessive use of force and the ill-treatment of detainees in DGCIM facilities by members of the DGCIM under his command. Also responsible for the repression of civil society and democratic opposition by members of the DGCIM under his command. Linked to the death of Captain Acosta. Modifications: Listed on 11 Oct 2019

SSID: 290-41022 Name: Alexander Enrique Granko Arteaga

Sex: M DOB: 25 Mar 1981 Identification document: ID card No. V-14970215, Venezuela Justification: Head (Director) of the Special Affairs Division (DAE) of the Directorate- General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). Responsible for serious human rights violations, including torture, excessive use of force causing death and injury and the ill-treatment of detainees in DGCIM facilities committed by himself and also officials under his command. Also responsible for the repression of civil society by members of DGCIM under his command, as well as directly involved in such repression. Linked to the death of Captain Acosta. Modifications: Listed on 11 Oct 2019

SSID: 290-41028 Name: Hannover Esteban Guerrero Mijares

Sex: M DOB: 14 Jan 1971

Justification: Head of Investigations at the Directorate-General of Military Counter- Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) from at least Apr 2019 to Aug 2019. As Head of Investigations he supervised the DGCIM facility in Boleita. Responsible for serious human rights violations, including torture, excessive use of force and the ill-treatment of detainees committed by him and also by officials under his command, particularly in Boleita. Linked to the death of Captain Acosta. Modifications: Listed on 11 Oct 2019

And here is FINMA’s notice:

News

October 11, 2019 

International sanction

Updated sanction message

The Federal Department of Economic Affairs, Education and Research WBF has published an amendment to Annex 1 of the Ordinance of 28 March 2018 on Measures against Venezuela (SR 946.231.178.5).

On 10 October 2019, the Federal Department of Economic Affairs, Education and Research (WBF) amended the list of persons, companies and organizations sanctioned in this context. The change is directly applicable in Switzerland. The WBF has therefore adjusted the Swiss sanctions database SESAM (SECO Sanctions Management), which is relevant for Switzerland, and published the adaptation on its website . This change will take effect on October 11, 2019 at 18:00.

Financial Intermediaries are requested to immediately block the relevant assets and to report such business relationships to SECO in accordance with the provisions of the Regulation. Notification to SECO does not release a financial intermediary from reimbursing reports to the Money Laundering Reporting Office without delay if the requirements are fulfilled, in accordance with Art. 9 of the Money Laundering Law.

Links:

FINMA Notice

Data files of updates – PDF, XML

Consultation: Autonomous Sanctions (North Korea): Triennial review of designations and declarations of persons and entities made in 2016

Australia’s autonomous sanctions regime enables the Minister for Foreign Affairs to designate a person or entity for the purposes of targeted financial sanctions, or declare a person for the purposes of a travel ban, if she is satisfied that the person or entity meets specified listing criteria. Designations and declarations are reviewed every three years.

The Department is currently reviewing the designations and declarations for the Democratic People’s Republic of Korea (DPRK) made in 2016, and will advise the Minister on whether these persons and entities continue to meet the listing criteria and should be sanctioned under Australian law. 

The listing criteria for a person or entity in respect of the DPRK is set out in item 1 of the table in regulation 6 of the Autonomous Sanctions Regulations 2011 (the AS Regulations) and provides: 

Countries, persons and entities
Country Activity
DPRK
  1. A person or entity that the Minister is satisfied is, or has been, associated with the DPRK’s weapons of mass destruction program or missiles program.
  2. A person or entity that the Minister is satisfied is assisting, or has assisted, in the violation, or evasion, by the DPRK of:
    1. Resolution 825, 1540, 1695, 1718, 1874, 1887, 2087, 2094, 2270 or 2321 of the United Nations Security Council; or
    2. a subsequent resolution relevant to a resolution mentioned in subparagraph (i).

Submissions

The Department invites submissions commenting on the applicability of the above criteria to 32 persons and entities designated or declared in 2016 for targeted financial sanctions or travel bans. A list of such persons and entities is set out in the document Autonomous Sanctions (North Korea): Designations and declarations made in 2016 [PDF 97 KB].

Submissions, accompanied by a submission cover sheet [DOCX 300 KB], may be e-mailed to sanctions@dfat.gov.au or posted to:

Sanctions Section
Department of Foreign Affairs and Trade
RG Casey Building
John McEwen Crescent
Barton ACT 0221 Australia

Submissions must be received by 1 November 2019. DFAT reserves the right not to consider late submissions.

Note: Separate to this review, under regulation 11 of the Autonomous Sanctions Regulations 2011, a designated or declared person or entity may apply at any time to the Minister for Foreign Affairs to have the designation or declaration revoked. The application must be in writing and set out the circumstances relied upon to justify the application for revocation. 

Confidentiality and privacy

All submissions will be made available on the Department of Foreign Affairs and Trade (DFAT) website, subject to DFAT’s sole discretion. If you would like your submission to be treated as confidential, in whole or in part, please note this on the submission cover sheet. If you ask for part of your submission to be treated as confidential, please provide two versions of it, one with the confidential information removed for publication.

DFAT will collect personal information from you for the purpose of processing, reviewing and assessing your submission. Your personal information will be used and disclosed for the purpose for which it was collected, or as otherwise authorised under Australian law. 

The names of individuals making submissions will be published unless you ask us not to publish your name. No contact details will be disclosed. For submissions made by or on behalf of organisations only the name of the organisation will be published.

DFAT’s privacy policy is available online and contains information about how you may access and seek correction of your personal information and how you can complain about a breach of your privacy.

Link:

DFAT DPRK consultation

20 Sep 2019

Phishing email related to The Hongkong and Shanghai Banking Corporation Limited

The Hong Kong Monetary Authority (HKMA) wishes to alert members of the public to a press release issued by The Hongkong and Shanghai Banking Corporation Limited on phishing email, which has been reported to the HKMA. Hyperlink to the press release is available on the HKMA website for ease of reference by members of the public.

Anyone who has provided his or her personal information to the email concerned or has conducted any financial transactions through the email should contact the bank concerned using the contact information provided in the press release, and report to the Police or contact the Cyber Security and Technology Crime Bureau of the Hong Kong Police Force at 2860 5012.

 

Hong Kong Monetary Authority
20 September 2019

Link:

HKMA Notice

Statement of inspection in Sparekassen Kronjylland (money laundering area)

In June 2018, the Danish FSA was inspected at Sparekassen Kronjylland. The inspection was an investigation of the money laundering area as part of the ongoing supervision of the savings bank. The inspection included the savings bank’s risk assessment, risk management, the savings bank’s policies and procedures in the area of ​​money laundering, the savings bank’s customer knowledge, the savings bank’s handling of correspondent banks and the savings bank’s internal controls.

Risk assessment and summary

Sparekassen Kronjylland is a medium-sized financial institution whose primary market area is East and Central Jutland. Sparekassen focuses on private customers as well as small and medium-sized business customers.

The Danish Financial Supervisory Authority considers that the Savings Bank’s inherent risk of being abused for money laundering or terrorist financing is normal to high compared to the average of financial companies in Denmark. The assessment places particular emphasis on the fact that the Savings Bank has a number of foreign correspondent relations outside the EU / EEA.

The Savings Bank was instructed to ensure that the money laundering policy limits the savings bank’s risks in the area of ​​money laundering and to ensure that the policy is arranged in such a way that it can form the basis for a reporting.

In addition, the Savings Bank was instructed to ensure that, in connection with the establishment of a correspondent relationship outside the EU / EEA, the Savings Bank assesses the information obtained as part of the customer knowledge procedure. The assessment must clarify the risk elements associated with the establishment of the specific correspondent connection. In cases where the Savings Bank considers that stricter requirements for the knowledge of the procedure for establishing a correspondent relationship within the EU / EEA apply, the 
Savings Bank shall also assess the information obtained and clarify the risk elements associated with the establishment.

Sparekassen was also instructed to ensure that the business processes on correspondent relations are expanded to specify which elements should be included in the assessment of the customer knowledge material obtained prior to the establishment and in the ongoing monitoring.

In addition, the Savings Bank was instructed to draw up adequate procedures for the implementation of internal controls in the area of ​​money laundering.

Finally, the Savings Bank was charged that the Savings Bank’s internal audit had not carried out an audit of risk management in the area of ​​money laundering and terrorist financing. However, the Financial Supervisory Authority found during the inspection that the internal audit had planned a review of the money laundering and terrorist financing area during 2018.

Link:

Finanstilsynet inspection report