DRC (Congo) Sanctions

On Thursday, OFAC added the following 3 persons to its Democratic Republic of the Congo sanctions:

BASENGEZI, Marcellin (a.k.a. BASENGEZI, Marcellin Mukolo; a.k.a. MAKOLO, Marcelin Basengezi; a.k.a. MUKOLO, Basengezi Marcellin), Appartement 29 Cite Du Fleuve, Cite Du Fleuve, Kingabwa Limete, Kinshasa, Congo, Democratic Republic of the; DOB 30 Nov 1985; POB Kaziba, Congo, Democratic Republic of the; Gender Male; Passport OP0155187 (Congo, Democratic Republic of the) issued 24 Jan 2016 expires 19 Jan 2021 (individual) [DRCONGO]. 

KATINTIMA, Norbert Basengezi (a.k.a. KATINTIMA, Norbert Bashengezi), 15 Joli Parc, Ma Campagne, Kinshasa 00243, Congo, Democratic Republic of the; DOB 10 Jan 1958; POB Kashiramo-Kaziba, South Kivu, Congo, Democratic Republic of the; alt. POB Rwanda; nationality Congo, Democratic Republic of the; alt. nationality Rwanda; Gender Male; Vice-President of the Independent National Electoral Commission (individual) [DRCONGO].

NANGAA, Corneille Yobeluo (a.k.a. YOBELUO, Corneille Nangaa), 36 Q Solongo Blvd, Biangala, Lemba, Kinshasa, Congo, Democratic Republic of the; DOB 09 Jul 1970; POB Bagboya, Congo, Democratic Republic of the; Gender Male; Passport DP0003850 (Congo, Democratic Republic of the) issued 20 Nov 2017 expires 19 Nov 2022; alt. Passport DP0000149 (Congo, Democratic Republic of the) issued 12 Jan 2016 expires 11 Jan 2021 (individual) [DRCONGO].

And the following 2 entities to its North Korean sanctions:

DALIAN HAIBO INTERNATIONAL FREIGHT CO. LTD., 1103 A, Fortune Plaza No. 20, Harbour Street, Zhongshan District, Dalian, China; Secondary sanctions risk: North Korea Sanctions Regulations, sections 510.201 and 510.210 [DPRK3].

LIAONING DANXING INTERNATIONAL FORWARDING CO. LTD. (Chinese Simplified: 辽宁丹兴国际货运有限公司), Room D1302, Langham Place, East Harbour, No. 11 Zhubao Street, Ganglong Road, Dalian, China; Secondary sanctions risk: North Korea Sanctions Regulations, sections 510.201 and 510.210; Registration Number 91210200242663544B [DPRK4].

And updated the ISIL listing under its counter terrorism sanctions program:

ISLAMIC STATE OF IRAQ AND THE LEVANT (a.k.a. AD-DAWLA AL-ISLAMIYYA FI AL-‘IRAQ WA-SH-SHAM; a.k.a. AL-FURQAN ESTABLISHMENT FOR MEDIA PRODUCTION; a.k.a. AL-QAIDA GROUP OF JIHAD IN IRAQ; a.k.a. AL-QAIDA GROUP OF JIHAD IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA IN IRAQ; a.k.a. AL-QAIDA IN MESOPOTAMIA; a.k.a. AL-QAIDA IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA OF JIHAD IN IRAQ; a.k.a. AL-QAIDA OF JIHAD ORGANIZATION IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA OF THE JIHAD IN THE LAND OF THE TWO RIVERS; a.k.a. AL-TAWHID; a.k.a. AL-ZARQAWI NETWORK; a.k.a. DAESH; a.k.a. DAWLA AL ISLAMIYA; a.k.a. ISIL; a.k.a. ISIS; a.k.a. ISLAMIC STATE; a.k.a. ISLAMIC STATE OF IRAQ; a.k.a. ISLAMIC STATE OF IRAQ AND AL-SHAM; a.k.a. ISLAMIC STATE OF IRAQ AND SYRIA; a.k.a. JAM’AT AL TAWHID WA’AL-JIHAD; a.k.a. TANZEEM QA’IDAT AL JIHAD/BILAD AL RAAFIDAINI; a.k.a. TANZIM QA’IDAT AL-JIHAD FI BILAD AL-RAFIDAYN; a.k.a. THE MONOTHEISM AND JIHAD GROUP; a.k.a. THE ORGANIZATION BASE OF JIHAD/COUNTRY OF THE TWO RIVERS; a.k.a. THE ORGANIZATION BASE OF JIHAD/MESOPOTAMIA; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE IN IRAQ; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE IN THE LAND OF THE TWO RIVERS; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE OF OPERATIONS IN IRAQ; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE OF OPERATIONS IN THE LAND OF THE TWO RIVERS; a.k.a. THE ORGANIZATION OF JIHAD’S BASE IN THE COUNTRY OF THE TWO RIVERS) [FTO] [SDGT]. -to- ISLAMIC STATE OF IRAQ AND THE LEVANT (a.k.a. AD-DAWLA AL-ISLAMIYYA FI AL-‘IRAQ WA-SH-SHAM; a.k.a. AL HAYAT MEDIA CENTER; a.k.a. AL-FURQAN ESTABLISHMENT FOR MEDIA PRODUCTION; a.k.a. AL-HAYAT MEDIA CENTER; a.k.a. AL-QAIDA GROUP OF JIHAD IN IRAQ; a.k.a. AL-QAIDA GROUP OF JIHAD IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA IN IRAQ; a.k.a. AL-QAIDA IN MESOPOTAMIA; a.k.a. AL-QAIDA IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA OF JIHAD IN IRAQ; a.k.a. AL-QAIDA OF JIHAD ORGANIZATION IN THE LAND OF THE TWO RIVERS; a.k.a. AL-QAIDA OF THE JIHAD IN THE LAND OF THE TWO RIVERS; a.k.a. AL-TAWHID; a.k.a. AL-ZARQAWI NETWORK; a.k.a. AMAQ NEWS AGENCY; a.k.a. DAESH; a.k.a. DAWLA AL ISLAMIYA; a.k.a. ISIL; a.k.a. ISIS; a.k.a. ISLAMIC STATE; a.k.a. ISLAMIC STATE OF IRAQ; a.k.a. ISLAMIC STATE OF IRAQ AND AL-SHAM; a.k.a. ISLAMIC STATE OF IRAQ AND SYRIA; a.k.a. JAM’AT AL TAWHID WA’AL-JIHAD; a.k.a. TANZEEM QA’IDAT AL JIHAD/BILAD AL RAAFIDAINI; a.k.a. TANZIM QA’IDAT AL-JIHAD FI BILAD AL-RAFIDAYN; a.k.a. THE MONOTHEISM AND JIHAD GROUP; a.k.a. THE ORGANIZATION BASE OF JIHAD/COUNTRY OF THE TWO RIVERS; a.k.a. THE ORGANIZATION BASE OF JIHAD/MESOPOTAMIA; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE IN IRAQ; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE IN THE LAND OF THE TWO RIVERS; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE OF OPERATIONS IN IRAQ; a.k.a. THE ORGANIZATION OF AL-JIHAD’S BASE OF OPERATIONS IN THE LAND OF THE TWO RIVERS; a.k.a. THE ORGANIZATION OF JIHAD’S BASE IN THE COUNTRY OF THE TWO RIVERS; a.k.a. “AL HAYAT”) [FTO] [SDGT].

Additionally, the Coast Guard, Treasury and State Departments issued an updated, 19-page guidance document on “North Korea’s Illicit Shipping Practices”.

The Treasury Department issued two press releases – one for the Congolese designations:

Treasury Sanctions Congolese Officials Responsible for Undermining DRC Elections

WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned three senior Democratic Republic of the Congo (DRC) officials pursuant to Executive Order (E.O.) 13413, as amended by E.O. 13671, which authorizes sanctions in light of actions or policies that undermine democratic processes or institutions in the DRC.

“This action follows persistent corruption by senior officials within the DRC’s National Independent Electoral Commission (CENI) and the former Kabila Government to obstruct and delay preparations for credible and inclusive elections,” said Sigal Mandelker, Treasury Under Secretary for Terrorism and Financial Intelligence. “We stand with the Congolese people who went to the polls on December 30 but remain concerned about a flawed electoral process in which, following the presidential election, CENI continued to obstruct the democratic process and failed to ensure the vote reflected the will of the Congolese people.  The United States will continue to assist those who seek to root out credible allegations of corruption but will not hesitate to leverage our authorities to impose tangible and significant consequences on malign actors in the DRC and around the world that undermine the democratic process and traffic in corruption.” 

Specifically, OFAC designated three senior CENI officials: Corneille Yobeluo Nangaa (Nangaa), CENI President; Norbert Basengezi Katintima (Katintima), CENI Vice-President; and Katintima’s son, Marcellin Basengezi Mukolo (Basengezi), a high-level CENI advisor.  As a result of today’s actions, all of the designated persons’ assets within U.S. jurisdiction are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

CORNEILLE YOBELUO NANGAA, PRESIDENT OF THE NATIONAL INDEPENDENT ELECTORAL COMMISSION (CENI)

Nangaa was nominated and sworn in as the President of CENI in November 2015.  CENI is tasked with executing elections in the DRC, and under Nangaa’s leadership, elections originally scheduled for December 2016 were postponed to December 2018.  In postponing the 2016 elections, CENI cited a lack of funding and delays in voter registration.  In his capacity as CENI President, Nangaa, and other CENI officials under his direction, embezzled and misappropriated CENI operational funds and undertook actions that slowed voter registration, facilitating election delays.

Nangaa oversaw CENI officials using several shell companies to embezzle CENI operational funds for their own personal and political gain.  Nangaa and other CENI officials enriched themselves through the purchase and sale of gasoline for profit at the expense of CENI, which delayed registration in Kasai, an opposition stronghold, and meant that many voters were unable to register.  In acquiring fuel to power generators for CENI offices, Nangaa negotiated a discounted rate and retained the difference from the budgeted amount to divide among senior CENI employees. Nangaa subsequently instructed CENI officials to fabricate receipts to account for the spending gap.

Under Nangaa’s leadership, CENI officials inflated by as much as $100 million the costs for the electronic voting machine contract with the intent to use surplus funds for personal enrichment, bribes, and campaign costs to fund the election campaign of Kabila’s candidate.  Nangaa, with other CENI officials, awarded an election-related contract and doubled the award amount on the understanding that the winning company would award the extra funds to a DRC company controlled by CENI leadership.  Nangaa approved the withdrawal of CENI operation funds for non-authorized budget items for personal use by DRC government employees.  Nangaa ordered CENI employees to fabricate expense receipts to cover spending gaps resulting from CENI funds being used for personal gain.  Nangaa delivered bribes to Constitutional Court justices to uphold a decision by the CENI to delay DRC’s 2016 elections. 

NORBERT BASENGEZI KATINTIMA, CENI VICE PRESIDENT

Katintima was nominated and sworn in as the Vice President of CENI in November 2015.  CENI is tasked with executing elections in the DRC, and under Katintima’s leadership, elections originally scheduled for December 2016 were postponed to December 2018.  In postponing the 2016 elections, CENI cited a lack of funding and delays in voter registration.  In his capacity as CENI Vice President, Katintima and other CENI officials under his direction, embezzled and misappropriated CENI operational funds, facilitating election delays.

Katintima oversaw CENI officials using several shell companies to embezzle CENI operational funds for their own personal and political gain.  Katintima withdrew and provided at least $80,000 from CENI operational funds to his personally-owned hospital, which provided medical care to all CENI employees.  The Supreme Audit Institution had sent unidentified investigators to CENI to conduct an audit of its financial activities.  However, CENI officials, including Katintima, agreed to bribe the investigators to conduct an inaccurate audit.  Katintima delivered bribes to Constitutional Court justices to uphold a decision by the CENI to delay DRC’s 2016 elections.

MARCELLIN MUKOLO BASENGEZI, CENI ADVISOR

Marcellin Basengezi is a CENI advisor and the son of Vice President Katintima.  Basengezi has embezzled and misappropriated state assets from CENI and has undertaken actions that slowed registration, which facilitated election delays.

Basengezi and other CENI advisors were in charge of assigning CENI contracts, enabling them to award contracts to their own shell companies for personal profit and to circumvent official procurement procedures.  Basengezi inflated costs for an election-related contract with the intent to use surplus funds for personal enrichment, bribes, and campaign costs to fund the election campaign of Kabila’s successor.  Basengezi awarded a separate election-related contract and doubled the award amount on the understanding that the winning company would award the extra funds to a DRC company controlled by CENI leadership.  Basengezi and other CENI official have purchased and sold gasoline for profit at the expense of CENI, including selling fuel prepositioned for voter registration.  The interest in self-enrichment of Basengezi and others delayed voter registration in Kasai, an opposition stronghold, and meant that many voters were unable to register. 

and one for the North Korean updates:

Treasury Designates Two Shipping Companies for Attempted Evasion of North Korea Sanctions 

U.S. Government Updates North Korea Shipping Advisory

WASHINGTON – The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced the designation of two shipping companies that have helped North Korea evade sanctions.  Today’s action highlights the deceptive methods that the North Korean regime uses to circumvent international and U.S. sanctions, as well as the U.S. Government’s commitment to implement existing UN Security Council (UNSC) resolutions.  Both companies are based in China.  In a related action, OFAC, along with the U.S. Department of State and the U.S. Coast Guard, is updating the North Korea shipping advisory and adding dozens of vessels that are believed to have engaged in ship-to-ship (STS) transfers with North Korean tankers or exported North Korean coal.

“The United States and our like-minded partners remain committed to achieving the final, fully verified denuclearization of North Korea and believe that the full implementation of North Korea-related UN Security Council resolutions is crucial to a successful outcome,” said Treasury Secretary Steven T. Mnuchin. “Treasury will continue to enforce our sanctions, and we are making it explicitly clear that shipping companies employing deceptive tactics to mask illicit trade with North Korea expose themselves to great risk.”

OFAC designated Dalian Haibo International Freight Co. Ltd. (Dalian Haibo) pursuant to Executive Order (E.O.) 13722 for providing goods and services to or in support of the U.S.-designated Paeksol Trading Corporation (Paeksol).  Paeksol is also subordinate to the UN- and U.S.-designated Reconnaissance General Bureau (RGB).  OFAC previously designated Paeksol for having sold, supplied, transferred, or purchased metal or coal from North Korea, where the revenue may have benefited the Government of North Korea or the Workers’ Party of Korea.  In early 2018, Dalian Haibo shipped cargo from Dalian, China to Paeksol in Nampo, North Korea, aboard DPRK-flagged vessels.

OFAC also designated Liaoning Danxing International Forwarding Co. Ltd. (Liaoning Danxing) pursuant to E.O. 13810 for operating in the transportation industry in North Korea.  Liaoning Danxing routinely used deceptive practices that enabled EU-based North Korean procurement officials to operate and purchase goods for the DPRK regime. 

This shipping advisory updates the February 23, 2018 advisory with new information about North Korea’s deceptive shipping practices, additional guidance on how to mitigate the risk of involvement in these practices, a new graphic depicting certain ports of call, and three new annexes, (1) guidance for member states and industry to avoid illicit North Korean maritime trade, (2) dozens of vessels that are believed to have engaged in ship-to-ship transfers with North Korean Tankers, and (3) dozens of vessels that may have exported North Korean coal since August 5, 2017.  As further detailed in the advisory, North Korea employs deceptive shipping practices such as disabling or manipulating automated identification systems, physically altering vessels, conducting (STS transfers, and falsifying cargo documentation.  Since initial publication in February 2018, North Korea has altered the geographic location of STS transfers and has resumed exports of coal in the Gulf of Tonkin.   

The following map shows the area where STS transfers of refined petroleum commonly occur:

North Korea Ship-to-Ship Transfer Areas

The following graphic shows ports of call before and after STS transfers of refined petroleum:

Ports Visited Before and After Ship-To-Ship Transfers

As a result of today’s action, any property or interests in property of the designated persons in the possession or control of U.S. persons or within or transiting the United States is blocked, and U.S. persons generally are prohibited from dealing with the designated persons. 

And the State Department issued one for the ISIL listing update:

Amendments to the Terrorist Designations of the Islamic State of Iraq and Syria

Media Note

Office of the Spokesperson

Washington, DC

March 21, 2019


The Department of State has amended the terrorist designations of the Islamic State of Iraq and Syria (ISIS) to include Amaq News Agency, Al Hayat Media Center, and other aliases. These aliases have been added to ISIS’s designation as a Foreign Terrorist Organization (FTO) under Section 219 of the Immigration and Nationality Act, and as a Specially Designated Global Terrorist (SDGT) under Executive Order 13224. Additionally the Department of State has reviewed and maintained the FTO designation of ISIS.

Amaq News Agency and Al Hayat Media Center are two media wings of ISIS. Amaq News Agency is part of the terrorist organization’s propaganda apparatus, and is used for claiming responsibility for ISIS or ISIS-inspired attacks, spreading terrorist messages online, and recruitment. Al Hayat Media Center is ISIS’s multilingual media outlet and is also used for recruitment purposes.

Today’s actions notify the U.S. public and the international community that Amaq News Agency and Al Hayat Media Center are aliases of ISIS. Terrorism designations expose and isolate organizations and individuals, and deny them access to the U.S. financial system. Moreover, designations can assist the law enforcement activities of the United States and other governments.

Links:

OFAC Notice

Updated DPRK Shipping Advisory

Treasury Press Releases: DRC, North Korea

State Department Press Release

On Friday, Swiss authorities amended the following Democratic Republic of the Congo (DRC) sanctions designations:

SSID: 100-38067 Name: Kampete Ilunga

DOB: 24 Nov 1964 POB: LubumbashiLubumbashi, Congo DR Good quality a.k.a.: a) Gaston Hughes Ilunga Kampete b) Hugues Raston Ilunga Kampete Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa / Ngaliema, Congo DR Nationality: Congo DR Identification document: Other No. 1-64-86-22311-29, Congo DR (Military ID number) Justification: As Commander of the Republican Guard (GR), Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression, in Sep 2016 in Kinshasa. In this capacity, Ilunga Kampete was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38077 Name: Kumba Gabriel Amisi

DOB: 28 May 1964 POB: MalelaMalela, Congo DR Good quality a.k.a.: a) Gabriel Amisi Nkumba b) ‘Tango Fort’ c) ‘Tango Four’ Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa / Ngaliema, Congo DR Nationality: Congo DR Identification document: Other No. 1-64-87-77512-30, Congo DR (military ID number)

Justification: a) Former Commander of the 1st defence zone of Congolese Army (FARDC)), whose forces took part in the disproportionate use of force and violent repression, in Sep 2016 in Kinshasa. In this capacity, Gabriel Amisi Kumba was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. b) In Jul 2018, Gabriel Amisi Kumba was appointed Deputy Chief of Staff of the Congolese Armed Forces (FARDC), with responsibility for operations and intelligence. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38091 Name: Luyoyo Ferdinand Ilunga

DOB: 8 Mar 1973 POB: LubumbashiLubumbashi, Congo DR Address: 2, avenue des Orangers, Kinshasa / Gombe, Congo DR Nationality: Congo DR Identification document: Passport No. OB0260335, Congo DR, Date of issue: 15 Apr 2011, Expiry date: 14 Apr 2016 Justification: a) As Commander of the anti-riot bodyunit Légion Nationale d’Intervention of the Congolese National Police (PNC), Ferdinand Ilunga Luyoyo was responsible for disproportionate use of force and violent repression in Sep 2016 in Kinshasa. In this capacity, Ferdinand Ilunga Luyoyo was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. b) In Jul 2017, Ferdinand Ilunga Luyoyo was appointed Commander of the PNC unit responsible for the protection of institutions and high-ranking officials. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38104 Name: Kanyama Celestin

DOB: 4 Oct 1960 POB: KanangaKananga, Congo DR Good quality a.k.a.: a) Kanyama Tshisiku Celestin b) Kanyama Celestin Cishiku Antoine c) Kanyama Cishiku Bilolo Célestin d) Esprit de mort Address: 56, avenue Usika, Kinshasa / Gombe, Congo DR Nationality: Congo DR Identification document: Passport No. OB0637580, Congo DR, Date of issue: 20 May 2014, Expiry date: 19 May 2019

Justification: a) As KinshasaCommissioner of the Congolese National Police Commissioner (PNC), Celestin Kanyama was responsible for the disproportionate use of force and violent repression in Sep 2016 in Kinshasa. In this capacity, Celestin Kanyama was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. b) In Jul 2017, Celestin Kanyama was appointed Director- General of the National Police’s training schools. Other information: Was granted Schengen visa Nono 011518403, issued on 2.7.2016. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38116 Name: Numbi John

DOB: 16 Aug 1962 POB: Jadotville-Likasi-KolweziJadotville-Likasi-Kolwezi, Congo DR Good quality a.k.a.: a) John Numbi Banza Tambo b) John Numbi Banza Ntambo c) Tambo Numbi Address: 5, avenue Oranger, Kinshasa / Gombe, Congo DR Nationality: Congo DR Justification: Former Inspector-General of the Congolese National Police (PNC), John Numbi remains an influential figure who was notably involved in the campaign of violent intimidation carried out in the context of the Mar 2016 gubernatorial elections in the DRC’s four ex-Katangan provinces and, as such, is responsible for obstructing a consensual and peaceful solution towardswith a view to the holding of elections in DRC.DRC. In Jul 2018, John Numbi was appointed Inspector-General of the Congolese Armed Forces (FARDC). Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38126 Name: Kibelisa Roger

DOB: 9 Sep 1959 POB: Fayala, Congo DR Good quality a.k.a.: Roger Kibelisa Ngambaswi Address: 24, avenue Photopao, Kinshasa / Mont Ngafula, Congo DR Nationality: Congo DR

Justification: As Interior Director of the National Intelligence Service (ANR), Roger Kibelisa is involved in the intimidation campaign carried out by ANR officials towards opposition members, including arbitrary arrests and detention. Roger Kibelisa has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38132 Name: Kaimbi Delphin

DOB: a) 15 Jan 1969 b) 15 Jul 1969 POB: Kiniezire/ GomaKiniezire / Goma, Congo DR Good quality a.k.a.: a) Delphin Kahimbi Kasagwe b) Delphin Kayimbi Demba Kasangwe c) Delphin Kahimbi Kasangwe d) Delphin Kahimbi Demba Kasangwe e) Delphin Kasagwe Kahimbi Address: 1, 14eme rue, Quartier Industriel, Linete, Kinshasa, Congo DR Nationality: Congo DR Identification document: Diplomatic passport No. DB0006669, Congo DR, Date of issue: 13 Nov 2013, Expiry date: 12 Nov 2018

Justification: Former Head of the Military Intelligence Body (ex-DEMIAP), part of the National Operations Centre, the command and control structure responsible for arbitrary arrests and violent repression in Kinshasa in Sep 2016, and responsible for forces that participated in intimidation and arbitrary arrests, which obstructsobstructing a consensual and peaceful solution towardswith a view to the holding of elections in DRCDRC. In Jul 2018, Delphin Kaimbi was appointed assistant Chief of Staff within the FARDC General Staff, with responsibility for intelligence. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38146 Name: Boshab Evariste

DOB: 12 Jan 1956 POB: Tete Kalamba, Congo DR Good quality a.k.a.: Evariste MoshabBoshab Mabub Ma Bileng Address: 3, avenue du Rail, Kinshasa / Gombe, Congo DR Nationality: Congo DR Identification document: Diplomatic passport No. DP 0000003DP0000003, Congo DR, Date of issue: 21 Dec 2015, Expiry date: 20 Dec 2020 Justification: In his capacity as Vice Prime Minister and Minister of Interior and Security from Dec 2014 to Dec 2016, Evariste Boshab was officially responsible for the police and security services and coordinating the work of provincial governors. In this capacity, he was responsible for arrests of activists and opposition members, as well as disproportionate use of force, including between Sep 2016 and Dec 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services. Evariste Boshab was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. Other information: a) Former Vice Prime Minister and Minister of Interior and Security b) Schengen visa expired on 5.1.2017. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38167 Name: Mupompa Alex Kande

DOB: 23 Sep 1950 POB: Kananga, Congo DR Good quality a.k.a.: a) Alexandre Kande Mupomba b) Kande-Mupompa Address: a) Messidorlaan 217/25, 1180 Uccle, Belgium b) 1, avenue Bumba, Kinshasa / Ngaliema, Congo DR Nationality: a) Congo DR b) Belgium Identification document: Passport No. OP 0024910OP0024910, Congo DR, Date of issue: 21 Mar 2016, Expiry date: 20 Mar 2021

Justification: a) As Governor of Kasai Central until Oct 2017, Alex Kande Mupompa ishas been responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from Aug 2016, including killings on the territory of Dibaya in Feb 2017. b) Alex Kande Mupompa was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. Other information: a) DRC and Belgian nationalities. b) Former Governor of Kasai Central. Modifications: Listed on 21 Feb 2018, amended on 24 Apr 2018, 18 Jan 2019

SSID: 100-38181 Name: Musonda Jean-Claude Kazembe

DOB: 17 May 1963 POB: Kashobwe, Congo DR Address: 7891, avenue Lubembe, Quartier Lido, Lubumbashi, Haut-Katanga, Congo DR Nationality: Congo DR Justification: a) As Governor of Haut Katanga until Apr 2017, Jean-Claude Kazembe Musonda was responsible for the disproportionate use of force and violent repression committed by security forces and the PNC in Haut Katanga, including between 15 and 31 Dec 2016, when 12 civilians were killed and 64 were injured as a result of the use of lethal force by security forces including PNC agents in response to protests in Lubumbashi. b) Jean-Claude Kazembe Musonda was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. Other information: Former Governor of Haut-Katanga. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38190 Name: Mende Lambert

DOB: 11 Feb 1953 POB: Okolo, Congo DR Good quality a.k.a.: Lambert Mende Omalanga Address: 20, avenue Kalongo, Kinshasa / Ngaliema, Congo DR Nationality: Congo DR Identification document: Diplomatic passport No. DB0001939, Congo DR, Date of issue: 4 May 2017, Expiry date: 3 May 2022

Justification: a) As Communications and Media Minister since 2008, Lambert Mende is responsible for thea repressive media policy applied in DRC, which breaches the right to freedom of expression and information and undermines a consensual and peaceful solution towards elections in DRC. On 12 Nov 2016, he adopted a decree limiting the possibility for foreign media outlets to broadcast in the DRC. b) In breach of the political agreement settled on 31 Dec 2016 between the presidential majority and opposition parties, broadcasts ofbroadcasting had not resumed for a number of media outlets remained cut off for several monthsas of Oct 2018. c) In his capacity as Communications and Media Minister, Lambert Mende is therefore responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of lawrepression. Other information: Minister of Communications and Media, and spokesperson of the Government. Modifications: Listed on 21 Feb 2018, amended on 24 Apr 2018, 18 Jan 2019

SSID: 100-38217 Name: Ruhorimbere Eric

Title: Brigadier General DOB: 16 Jul 1969 POB: Minembwe, Congo DR Good quality a.k.a.: a) Eric Ruhorimbere Ruhanga b) Tango Two c) Tango Deux Address: Mbujimayi, Kasai Province, Congo DR Nationality: Congo DR Identification document: a) Other No. 1-69-09-51400-64, Congo DR (Military ID number) b) Passport No. OB0814241, Congo DR Justification: a) As a Deputy Commander of the 21st military region since 18from Sep 20142014 to Jul 2018, Eric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by FARDC forces, notably against the Nsapu militia and women and children. b) Eric Ruhorimbere was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRCDRC. In Jul 2018, Eric Ruhorimbere was appointed Commander of the Nord Equateur operational sector. Other information: Deputy Commander of the 21st military region (Mbuji- Mayi). Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38230 Name: Shadari Ramazani

DOB: 29 Nov 1960 POB: Kasongo, Congo DR Good quality a.k.a.: a) Emmanuel Ramazani Shadari Mulanda b) Shadary Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, Congo DR Nationality: Congo DR

Justification: a) As Vice Prime Minister and Minister of Interior and Security since 20 Dec 2016until Feb 2018, Ramazani Shadari iswas officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he iswas responsible for the recent arrests of activists and opposition members, as well as for the disproportionate use of force since his appointmentforce, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa overin Jan-Feb 2017 and the disproportionate use of force and violent repression in the Kasai provinces. b) In this capacity, Ramazani Shadari iswas therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. c) In Feb 2018, Ramazani Shadari was named Permanent Secretary of the Parti du peuple pour la reconstruction et le développement (PPRD). Other information: Former Vice Prime Minister and Minister of Interior and Security. Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

SSID: 100-38241 Name: Mutondo Kalev

DOB: 3 Mar 1957 Good quality a.k.a.: a) Kalev Katanga Mutondo b) Kalev Motono c) Kalev Mutundo d) Kalev Mutoid e) Kalev Mutombo f) Kalev Mutond g) Kalev Mutondo Katanga h) Kalev Mutund Address: 24, avenue Ma Campagne, Kinshasa, Congo DR Nationality: Congo DR Identification document: Passport No. DB0004470, Congo DR, Date of issue: 8 Jun 2012, Expiry date: 7 Jun 2017

Justification: As long-term Head of the National Intelligence Service (ANR), Kalev Mutondo is involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others. He has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC, as well as planning or directing acts that constitute serious human rights violations in DRC. Other information: Head (formally Administrator-General) of the National Intelligence Service (ANR). Modifications: Listed on 21 Feb 2018, amended on 18 Jan 2019

Links:

FINMA Notice

Data files of updates – PDF, XML

Circular to Licensed Corporations and Associated Entities 

Anti-Money Laundering / Counter-Financing of Terrorism 

(1)   United Nations Sanctions (Mali) Regulation 2018 

(2)   United Nations Sanctions (Democratic Republic of the Congo) Regulation 2018

(1)  United Nations Sanctions (Mali) Regulation 2018 

The United Nations Sanctions (Mali) Regulation 2018 (“the Mali Regulation”), made under the United Nations Sanctions Ordinance (Cap. 537) (“UNSO”), was published in the Gazette (L.N. 268 of 2018) on 21 December 2018 with immediate effect.

The Mali Regulation implements sanctions against Mali imposed by the United Nations Security Council Resolution 2432.

We would like to draw licensed corporations’ (“LCs”) and associated entities’ (“AEs”) attention to section 2 of the Mali Regulation which provides for prohibition against making available to certain persons or entities funds or other financial assets or economic resources, or dealing with funds or other financial assets or economic resources of such persons or entities, except with a licence.

The Mali Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20182251/es220182251268.pdf). 

(2)  United Nations Sanctions (Democratic Republic of the Congo) Regulation 2018 

The United Nations Sanctions (Democratic Republic of the Congo) Regulation 2018 (“the DRC Regulation”), made under the UNSO, was published in the Gazette (L.N. 269 of 2018) on 21 December 2018 with immediate effect.

The DRC Regulation implements sanctions against the Democratic Republic of the Congo imposed by the United Nations Security Council Resolution 2424.

We would like to draw LCs’ and AEs’ attention to section 5 of the DRC Regulation which provides for the prohibitions against making available to certain persons or entities funds or other financial assets or economic resources, or dealing with funds or other financial assets or economic resources of such persons or entities, except with a licence.

The DRC Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20182251/es220182251269.pdf).

A list specifying “relevant persons and entities” was published under section 28 of the DRC Regulation on the website of the Commerce and Economic Development Bureau on 21 December 2018.

The aforesaid list obtained from the website of the Commerce and Economic Development Bureau is attached in Attachment 1. 

LCs and AEs are reminded to refer to Chapter 6 of the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) (“AML Guideline”) which contains guidance on the appropriate measures that LCs and AEs should take to ensure compliance with the regulations made under the UNSO Note 1.  The Securities and Futures Commission expects all new designations to be screened by LCs and AEs against their client lists as soon as practicable whenever there are updates.  LCs and AEs are also reminded to report any transactions or relationships they have or have had with any designated person or entity to the Joint Financial Intelligence Unit.

Should you have any queries regarding the contents of this circular, please contact Ms Kiki Wong on 2231 1569.

Intermediaries Supervision Department
Intermediaries Division
Securities and Futures Commission

Enclosure

End

SFO/IS/072/2018

Note 1 Under paragraph 6 of the Prevention of Money Laundering and Terrorist Financing Guideline issued by the Securities and Futures Commission for Associated Entities, AEs that are not authorized financial institutions are expected to have regard to the provisions of the AML Guideline as if they were themselves LCs.

Links:

HK SFC Notice

HK SFC Circular

Updated DRC sanctions list (Attachment 1)

Last Thursday, OFSI implemented Council Implementing Regulation (EU) No 2018/1931 by amending the following individual listings under the Democratic Republic of the Congo sanctions program:

1. KAMPETE Ilunga

DOB: 24/11/1964. POB: Lubumbashi, DRC a.k.a: (1) KAMPETE, Gaston, Hughes, Ilunga (2) KAMPETE, Hugues, Raston, Ilunga Nationality: DRC National Identification no: Military 1-64-86-22311-29 Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, RDC Position: Commander of the Republican Guard (GR) Other Information: EU Listing. Commander of the Republican Guard (GR). As Commander of the Republican Guard (GR), Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression, in September 2016 in Kinshasa. In this capacity, Ilunga Kampete was therefore involved in planning, directing or committing acts that constitute serious human rights violations in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13439.

2. KUMBA Gabriel Amisi

DOB: 28/05/1964. POB: Malela, DRC a.k.a: NKUMBA, Gabriel, Amisi Nationality: DRC National Identification no: Military 1-64-87-77512-30 Position: Commander of the 1st Defence Zone of Congolese Army (FARDC) In July 2018, Gabriel Amisi Kumba was appointed Deputy Chief of Staff of the Congolese Armed Forces (FARDC), with responsibility for operations and intelligence. Address: 22, avenue Mbsenseke, Ma Campagne, Kinshasa/Ngaliema, RDC Other Information: EU Listing. A.K.A Tango Fort and A.K.A. Tango Four. Former Commander of the 1st Defence Zone of Congolese Army (FARDC) whose forces took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Gabriel Amisi Kumba was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13433.

3. LUYOYO Ferdinand Ilunga

DOB: 08/03/1973. POB: Lubumbashi, DRC Nationality: DRC Passport Details: OB0260335 (valid from 15.4.2011 until 14.4.2016) Position: Commander of

PNC In July 2017, Ferdinand Ilunga Luyoyo was appointed Commander of the PNC unit responsible for the protection of institutions and high- ranking officials. Address: 2, avenue des Orangers, Kinshasa/Gombe, RDC. Other Information: EU Listing. As Former Commander of the anti-riot body Legion Natinale d’Intervention of the Congolese National Police (PNC), Ferdinand Ilunga Luyoyo was responsible for disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Ferdinand Ilunga Luyoyo was therefore involved in planning, directing or committing acts that constitute serious human rights violations in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13434.

4. KANYAMA Celestin

DOB: 04/10/1960. POB: Kananga, DRC a.k.a: (1) KANYAMA, Celestin, Cishiku, Antoine (2) KANYAMA, Cishiku, Bilolo, Celestin (3) KANYAMA, Tshisiku,

Celestin Nationality: DRC Passport Details: OB0637580 (valid from 20.5.2014 to 19.5.2019) Was granted Schengen visa No 011518403 issued on

2.7.2016 Position: Kinshasa Police Commissioner (PNC) In July 2017, Celestin Kanyama was appointed Director-General of the National Police’s training schools. Address: 56, avenue Usika, Kinshasa/Gombe, RDC. Other Information: EU Listing. As Former Kinshasa Police Commissioner (PNC), Celestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Celestin Kanyama was therefore involved in planning, directing or committing acts that constitute serious human rights violations in DRC. A.K.A Esprit de mort Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13435.

5. NUMBI John

DOB: 16/08/1962. POB: Jadotville-Likasi-Kolwezi, DRC a.k.a: (1) NTAMBO, John, Numbi, Banza (2) NUMBI, Tambo (3) TAMBO, John, Numbi, Banza Nationality: DRC Position: In July 2018, John Numbi was appointed Inspector-General of the Congolese Armed Forces (FARDC). Address: 5, avenue Oranger, Kinshasa/Gombe, RDC. Other Information: EU Listing. Former Inspector-General of the Congolese National Policy (PNC), John Numbi remains an influential figure who was notably involved in the March 2016 gubernational gubernatorial elections in the DRC’s four ex-Katangan provinces and as such is responsible for obstructing a consensual and peaceful solution towards elections in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13436.

6. KIBELISA Roger

DOB: 09/09/1959 POB: Fayala DRC a.k.a: NGAMBASWI, Roger,

Kibelisa Nationality: DRC Position: Interior Director of the National Inteligence Intelligence Service (ANR) Address: 24, avenue Photopao, Kinshasa/Mont Ngafula, RDC. Other Information: EU Listing. As Interior Director of the National Intelligence Service (ANR), Roger Kibelisa is involved in the intimidation campaign carried out by ANR officials towards opposition members, including arbitrary arrests and detention. Roger Kibelisa has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13437.

7. KAIMBI Delphin

DOB: (1) 15/01/1969. (2) 15/07/1969. POB: Kiniezire/Goma, DRC

a.k.a: (1) KAHIMBI, Delphin, Kasagwe (2) KAHIMI, Delphin,

Kasagwe (3) KASANGWE, Delphin, Kahimbi (4) KASANGWE, Delphin, Kahimbi, Demba (5) KASANGWE, Delphin, Kayimbi, Demba Nationality: DRC Passport Details: Diplomatic passport No: DB0006669 (valid 13.11.2013 until

12.11.2018) Position: Head of Military Intelligence Body In July 2018, Delphin Kaimbi was appointed assistant Chief of Staff within the FARDC General Staff, with responsibility for intelligence. Address: 1, 14eme rue, Quartier Industriel, Linete, Kinshasa, RDC. Other Information: EU Listing. Former Head of Military Intelligence Body (ex-DEMIAP), part of the National Operations Centre, the command and control structure responsible for arbitrary arrests and violent repression in Kinshasa in September 2016, and responsible for forces that participated in intimidation and arbitrary arrests, which obstructs a consensual and peaceful solution towards elections in DRC. Listed on: 12/12/2016 Last Updated: 13/12/2016 13/12/2018 Group ID: 13438.

8. BOSHAB Evariste

DOB: 12/01/1956. POB: Tete Kalamba, DRC a.k.a: MA BILENG, Evariste, Boshab, Mabub Nationality: DRC Passport Details: Diplomatic Passport DP0000003 (valid 21/12/2015 – expiry 20/12/2020). Schengen visa expired on 5.1.2017. Address: 3, avenue du Rail, Kinshasa/Gombe, RDC. Other Information: EU listing. Former Vice President and Minister of Interior and Security Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13459.

9. MUPOMPA Alex Kande

DOB: 23/09/1950. POB: Kananga, DRC a.k.a: (1) KANDE-

MUPOMPA (2) MUPOMBA, Alexandre, Kande Nationality: DRC and Belgian nationalities Passport Details: DRC passport OP 0024910 (valid 21/03/2016 – expiry 20/03/2021) Address: (1) Messidorlaan 217/25, 1180 Uccle, Belgium. (2) 1, avenue Bumba, Kinshasa/Ngaliema, RDC. Other Information: EU listing. Former Governor of Kasai Central Listed on: 30/05/2017 Last Updated: 16/04/2018 13/12/2018 Group ID: 13461.

10. MUSONDA Jean-Claude Kazembe

DOB: 17/05/1963. POB: Kashobwe, DRC Nationality: DRC Address: 7891, avenue Lubembe, Quartier Lido, Lubumbashi, Haut- Katanga, RDC. Other Information: EU listing. Former Governor of Haut-Katanga. Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13462.

11. MENDE Lambert

DOB: 11/02/1953. POB: Okolo, DRC a.k.a: OMALANGA, Lambert,

Mende Nationality: DRC Passport Details: Diplomatic passport DB0001939 (issued 04/05/2017 – expiring 03/05/2022) Position: Minister of Communications and Media Address: 20, avenue Kalongo, Kinshasa/Ngaliema, RDC. Other Information: EU listing. Spokesperson of the Government Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13463.

12. RUHORIMBERE Eric

Title: Brigadier General DOB: 16/07/1969. POB: Minembwe, DRC

a.k.a: RUHANGA, Brigadier General, Eric, Ruhorimbere Passport Details: DRC passport number OB0814241. Nationality: DRC National Identification no: Military ID 1-69-09-51400-64 Address: Mbujimayi, Kasai Province, RDC. Position: Deputy Commander of the 21st military region (mbuji-Mayi) Other Information: EU listing. Also known as Tango Two and Tango Deux Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13465.

13. SHADARI Ramazani

DOB: 29/11/1960. POB: Kasongo, DRC a.k.a: (1) MULANDA, Emmanuel, Ramazani, Shadari (2) SHADARY Nationality: DRC Position: Vice Prime Minister and Minister of Interior and Security In February 2018, Ramazani Shadari was named Permanent Secretary of the Parti du peuple pour la reconstruction et le développement (PPRD). Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, RDC. Other Information: EU listing. Former Vice Prime Minister and Minister of Interior and Security Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13466.

14. MUTONDO Kalev

DOB: 03/03/1957. a.k.a: (1) KATANGA, Kalev, Mutondo (2) MOTONO,

Kalev (3) MUTOID, Kalev (4) MUTOMBO, Kalev (5) MUTOND,

Kalev (6) MUTONDO, Kalev, Katanga (7) MUTUND, Kalev (8) MUTUNDO,

Kalev Passport Details: Passport number DB0004470 (issued 08/06/2012 – expires 07/06/2017) Nationality: DRC Position: Head of the National Intelligence

Service Address: 24, avenue Ma Campagne, Kinshasa, RDC. Other Information: EU listing. Listed on: 30/05/2017 Last Updated: 30/05/2017 13/12/2018 Group ID: 13467.

Links:

OFSI Notice

Council Implementing Regulation (EU) No 2018/1931

Democratic Republic of the Congo: Council extends sanctions for one year

On 10 December 2018, the Council extended the restrictive measures currently in place against the Democratic Republic of the Congo until 12 December 2019. The sanctions comprise an asset freeze and a ban on entering the European Union and are targeted at 14 individuals. They were adopted on 12 December 2016 and 29 May 2017 in response to the obstruction of the electoral process, and the related human rights violations, in the DRC.

In its conclusions of December 2017, the Council called on all Congolese actors, and above all the Congolese authorities and institutions, to play a constructive role in the electoral process. In its decision, considering the upcoming elections, the Council reaffirms the importance of holding credible and inclusive elections in line with the aspiration of the Congolese people to elect their representatives. The Council will further review the restrictive measures in the light of and following the elections in the DRC and stands ready to adjust them accordingly.

Link:

EU Notice

Today, OFAC published an amendment to the Democratic Republic of the Congo Sanctions Regulations which primarily implements Executive Order 13671 (which is from 2014). Here’s the nub, from the Background section:

This rule revises subpart G of the Regulations and republishes it in its entirety. Subpart G of the Regulations describes the civil and criminal penalties applicable to violations of the Regulations, as well as the procedures governing the potential

imposition of a civil monetary penalty or issuance of a Finding of Violation. Subpart G also refers to appendix A of part 501 for a more complete description of these procedures. Finally, this rule updates the delegation of authority by the Secretary of the Treasury in subpart H of the Regulations.

This includes the sections on penalties, pre-penalty notices, and finding of violations, among others. But the entire amendment is quite lengthy (44 page PDF), because of the technical and conforming changes.

This will be published in the Federal Register tomorrow and take effect then.

Links:

OFAC Notice

Amendment to Democratic Republic of the Congo Sanctions Regulations

This goes along with the OFAC update from about an hour ago…

Treasury Sanctions Fourteen Entities Affiliated with Corrupt Businessman Dan Gertler Under Global Magnitsky

 
June 15, 2018

Washington – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 14 entities pursuant to Executive Order (E.O.) 13818, which targets serious human rights abuse and corruption, for being affiliated with designated Israeli businessman and billionaire Dan Gertler.  As previously noted in the December 2017 action, Gertler is an international businessman and billionaire who has amassed his fortune through hundreds of millions of dollars’ worth of opaque and corrupt mining and oil deals in the Democratic Republic of the Congo (DRC).  Gertler has used his close friendship with DRC President Joseph Kabila to act as a middleman for mining asset sales in the DRC, requiring some multinational companies to go through Gertler to do business with the Congolese state.  Gertler and his company Fleurette Properties have used offshore companies to facilitate such deals.  As a result, between 2010 and 2012 alone, the DRC reportedly lost over $1.36 billion in revenues from the underpricing of mining assets that were sold to offshore companies linked to Gertler.  In late December, the President included Gertler in the Annex to E.O. 13818, while OFAC simultaneously designated 19 companies and one associate for their ties to him.  With today’s action, the number of sanctioned entities and individuals in Gertler’s network now totals 34.

“Treasury is sanctioning companies that have enabled Dan Gertler to access the international financial system and profit from corruption and misconduct. We are using our tools to change the behavior of those engaged in the looting of natural resources and the humanitarian consequences that follow,” said Sigal Mandelker, Under Secretary of the Treasury for Terrorism and Financial Intelligence. “A financial toll will be imposed on individuals and companies that exploit innocent people and vulnerable jurisdictions for their own personal gain.”

GLOBAL MAGNITSKY

Building upon the Global Magnitsky Human Rights Accountability Act, in E.O. 13818 the President found that the prevalence of human rights abuse and corruption had reached such scope and gravity to threaten the stability of international political and economic systems.  The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse and corruption, which 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.  To that end, as of today, 73 individuals and entities have had their assets blocked under E.O. 13818.  The United States will continue to take appropriate actions, including designating persons for sanctions, to respond to serious human rights abuse and corruption around the globe.

GERTLER AFFILIATED ENTITIES

The 14 Gertler-affiliated entities OFAC designated today are: Moku Mines D’or SA, Moku Goldmines AG, Fleurette Energy I B.V., Fleurette Africa Resources I B.V., African Trans International Holdings B.V., Fleurette African Transport B.V., Oriental Iron Company SPRL, Iron Mountain Enterprises Limited, Sanzetta Investments Limited, Almerina Properties Limited, Interlog DRC, Kitoko Food Farm, Karibu Africa Services SA, and Ventora Development Sasu.

This list of 14 companies owned or controlled by Gertler or his companies, and those previously designated, should not be viewed as exhaustive.  The regulated community remains responsible for compliance with OFAC’s 50 percent rule.

For more information on the connection between corrupt senior foreign political figures and their enabling of human rights abuses, descriptions of a number of typologies used by them to access the U.S. financial system and obscure and further their illicit activity, and red flags that may assist financial institutions in identifying the methods used by corrupt senior foreign political figures, see FinCEN Advisory FIN-2018-A003, Advisory on Human Rights Abuses Enabled by Corrupt Senior Foreign Political Figures and their Financial Facilitators.

As a result of today’s action, any property, or interest in property, of those designated by OFAC within U.S. jurisdiction is blocked.  Additionally, U.S. persons are generally prohibited from engaging in transactions with blocked persons, including entities 50 percent or more owned by designated persons.

Link:

OFAC Notice