Libya Sanctions

SECO delists 2 from Libya sanctions

23 August 2019 

International sanction

The Federal Department of Economic Affairs, Education and Research WBF has published an amendment to Annexes 3 and 5 of the Ordinance of 30 March 2011 on measures against Libya (SR 946.231.149.82).

The Federal Department of Economic Affairs, Education and Research WBF has published an amendment to Annexes 3 and 5 of the Ordinance of 30 March 2011 on measures against Libya (SR 946.231.149.82).

On 21 August 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 . The change will take effect on 22 August 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.

Today, Swiss authorities removed the following 2 individuals:

SSID: 130-20580 Name: Abdussalam Abdussalam Mohammed

DOB: 1952 POB: Tripoli, Libya

Justification: Position: Head Counter-Terrorism, External Security Organisation. Prominent Revolutionary Committee member. Close associate of Muammar Qadhafi. Closely associated with the former regime of Muammar Qadhafi. Relation: Close associate of Qadhafi Muammar Mohammed Abu Minyar (SSID 130-12812) Modifications: Amended on 28 Aug 2015, de-listed on 22 Aug 2019

SSID: 130-20601 Name: Al-Baghdadi Abdulqader Mohammed

Title: Dr

Justification: Head of the Liaison Office of the Revolutionary Committees. Revolutionary Committees involved in violence against demonstrators. Closely associated with the former regime of Muammar Qadhafi. Modifications: Amended on 22 Mar 2013, 28 Aug 2015, de- listed on 22 Aug 2019

from their Libya sanctions program.

Links:

FINMA Notice

Data files of updates – PDF, XML

EU, OFSI remove 2 persons from Libya sanctions

Earlier today, UK regulators implemented Council Implementing Regulation (EU) 2019/1292 by removing the following individuals from its Libya sanctions program:

1. ABDUSSALAM, Abdussalam Mohammed

DOB: –/–/1952. POB: Tripoli, Libya Position: Head Counter-Terrorism, External Security Organisation Other Information: EU listing. Not UN. Prominent Revolutionary Committee member. Close associate of Muammar Qadhafi. Closely associated with the former regime of Muammar Qadhafi. Listed on: 03/03/2011 Last Updated: 04/08/2015 05/08/2019 Group ID: 11651.

2. AL-BAGHDADI, Abdulqader Mohammed

Title: Dr Position: Head of the Liaison Office of the Revolutionary Committees Other Information: UN listing. Revolutionary Committees involved in violence against demonstrators. Closely associated with the former regime of Muammar Qadhafi. Listed on: 03/03/2011 05/08/2019 Last Updated: 04/08/2015 Group ID: 11655.

Links:

OFSI Notice

Council Implementing Regulation (EU) 2019/1292

March 29, 2019: HK SFC AML/CFT Circular

Circular to Licensed Corporations and Associated Entities 
Anti-Money Laundering / Counter-Financing of Terrorism
(1) United Nations Sanctions (Libya) Regulation 2019 and United Nations Sanctions (Libya) Regulation 2011 (Repeal) Regulation 
(2) United Nations Sanctions (Somalia) Regulation 2019 and United Nations Sanctions (Somalia) Regulation (Repeal) Regulation 
(3) United Nations Sanctions (Eritrea) Regulation (Repeal) Regulation

29 Mar 2019

(1)  United Nations Sanctions (Libya) Regulation 2019 and United Nations Sanctions (Libya) Regulation 2011 (Repeal) Regulation

The United Nations Sanctions (Libya) Regulation 2019 (“the Libya Regulation 2019”) and the United Nations Sanctions (Libya) Regulation 2011 (Repeal) Regulation (“the Libya Repeal Regulation”), made under the United Nations Sanctions Ordinance (Cap. 537) (“UNSO”), were published in the Gazette (L.N. 53 & 54 of 2019) on 29 March 2019 with immediate effect.

The Libya Regulation 2019 implements all sanctions and exemptions imposed by the United Nations Security Council (“UNSC”) on Libya, including those extended by UNSC Resolution 2441, using modernised provisions to improve tidiness and readability of the legislation. Consequential to the making of the Libya Regulation 2019, the Libya Repeal Regulation repeals the United Nations Sanctions (Libya) Regulation 2011 Note 1.

We would like to draw licensed corporations’ (“LCs”) and associated entities’ (“AEs”) attention to section 9 of the Libya Regulation 2019 which provides for prohibition against making available economic assets to certain persons or entities, or dealing with economic assets of such persons or entities, except with a licence.

The Libya Regulation 2019 and the Libya Repeal Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20192313/es22019231353.pdf & https://www.gld.gov.hk/egazette/pdf/20192313/es22019231354.pdf) respectively.

A list specifying “relevant persons and entities” was published under section 43 of the Libya Regulation 2019 on the website of the Commerce and Economic Development Bureau on 29 March 2019.

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

(2)  United Nations Sanctions (Somalia) Regulation 2019 and United Nations Sanctions (Somalia) Regulation (Repeal) Regulation

The United Nations Sanctions (Somalia) Regulation 2019 (“the Somalia Regulation 2019”) and the United Nations Sanctions (Somalia) Regulation (Repeal) Regulation (“the Somalia Repeal Regulation”) made under the UNSO was published in the Gazette (L.N. 55 & 56 of 2019) on 29 March 2019 with immediate effect.

The Somalia Regulation 2019 implements all sanctions and exemptions imposed by the UNSC on Somalia, including those extended by UNSC Resolution 2444, using modernised provisions to improve tidiness and readability of the legislation. Consequential to the making of the Somalia Regulation 2019, the Somalia Repeal Regulation repeals the United Nations Sanctions (Somalia) Regulation Note 2.

We would like to draw LCs’ and AEs’ attention to section 6 of the Somalia Regulation 2019 which provides for prohibition against making available economic assets to certain persons or entities, or dealing with economic assets of such persons or entities, except with a licence.

The Somalia Regulation 2019 and the Somalia Repeal Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20192313/es22019231355.pdf & https://www.gld.gov.hk/egazette/pdf/20192313/es22019231356.pdf) respectively.

A list specifying “relevant persons and entities” was published under section 29 of the Somalia Regulation 2019 on the website of the Commerce and Economic Development Bureau on 29 March 2019.

The aforesaid list obtained from the website of the Commerce and Economic Development Bureau is attached in Attachment 2.

(3)  United Nations Sanctions (Eritrea) Regulation (Repeal) Regulation

The United Nations Sanctions (Eritrea) Regulation (Repeal) Regulation (“the Eritrea Repeal Regulation”) made under the UNSO was published in the Gazette (L.N. 57 of 2019) on 29 March 2019 with immediate effect.

The Eritrea Repeal Regulation repeals the United Nations Sanctions (Eritrea) Regulation Note 3 to implement the UNSC’s decision to lift the sanctions previously imposed on Eritrea.

The Eritrea Repeal Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20192313/es22019231357.pdf).

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 4. 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 at 2231 1569 who will assist to refer your queries to the relevant officer.

Intermediaries Supervision Department
Intermediaries Division
Securities and Futures Commission

Enclosure

End

SFO/IS/014/2019

Note 1 Please refer to our circular issued on 29 September 2017 for information on the United Nations Sanctions (Libya) Regulation 2011 (https://www.sfc.hk/edistributionWeb/gateway/EN/circular/aml/aml-sanction-related/doc?refNo=17EC65).

Note 2 Please refer to our circular issued on 20 April 2018 for information on the United Nations Sanctions (Somalia) Regulation (https://www.sfc.hk/edistributionWeb/gateway/EN/circular/aml/aml-sanction-related/doc?refNo=18EC27).

Note 3 Please refer to our circular issued on 22 October 2010 for information on the United Nations Sanctions (Eritrea) Regulation (https://www.sfc.hk/edistributionWeb/gateway/EN/circular/aml/aml-sanction-related/openFile?refNo=H605).

Note 4 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

Commerce and Economic Development Bureau List (Libya) – Attachment 1

Commerce and Economic Development Bureau List (Somalia) – Attachment 2

While I was at ACAMS: 3-for-1 OFAC settlements with UniCredit Germany, Austria and Italy units

Settlement Agreements between the U.S. Department of the Treasury’s Office of Foreign Assets Control and UniCredit Group Banks

4/15/2019

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced three separate settlements totaling $611 million with the following UniCredit Group banks: UniCredit Bank AG in Germany, UniCredit Bank Austria AG in Austria, and UniCredit S.p.A. in Italy.  The settlements resolve OFAC’s investigations into apparent violations of a number of U.S. sanctions programs, including those related to weapons of mass destruction proliferation, global terrorism, and the following countries: Burma, Cuba, Iran, Libya, Sudan, and Syria.

Between January 2007 and December 2011, UniCredit Bank AG processed over 2,000 payments totaling over $500 million through financial institutions in the United States in apparent violation of multiple U.S. sanctions programs.  During this time period, UniCredit operated U.S. dollar accounts on behalf of the Islamic Republic of Iran Shipping Lines (IRISL) and several companies owned by or otherwise affiliated with IRISL, and managed the accounts of those companies in a manner that obscured the interest or involvement of IRISL in transactions sent to or through U.S. intermediaries.  For a number of years up to and including 2011 (UniCredit Bank AG) and 2012 (UniCredit Bank Austria AG and UniCredit S.p.A.), all three banks processed payments to or through the United States in a manner that did not disclose underlying sanctioned persons or countries to U.S. financial institutions which were acting as financial intermediaries.

 

OFAC determined that the apparent violations largely constituted egregious cases and that the banks did not voluntarily self-disclose the apparent violations.

After Mr. Watchlist gets back from ACAMS, he will dig into the Enforcement Information and Settlement Agreements.

By the way, this is part of a multi-agency settlement totaling 1.3 billion dollars.

Links:

OFAC Notice

Enforcement Information

Settlement Agreements: UniCredit Bank AG (Germany), UniCredit Bank Austria AG, UniCredit S.p.A. (Italy)

UN Narrative Summary: Who is Ibrahim Saeed Salim Jadhran?

IBRAHIM SAEED SALIM JADHRAN

In accordance with Section 5 (g) of its Guidelines, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya makes accessible a narrative summary of reasons for the listing for individuals and entities included in the sanctions list.

LYi.027

IBRAHIM SAEED SALIM JADHRAN

Date on which the narrative summary became available on the Committee’s website: 

11 September 2018

Reason for listing: 

Listed pursuant to paragraphs 11 (b), 11 (c) and 11 (d) of resolution 2213 (2015); paragraph 11 of resolution 2362 (2017).

Additional information: 

  • Libya’s Attorney General’s Office has issued an arrest warrant against the person concerned accusing him of perpetrating a number of crimes.

  • The person concerned carried out armed actions and attacks against oil installations located in the oil crescent region that caused its destruction, the latest of which was on 14 June 2018.

  • The attacks on the crescent oil region resulted in many casualties among the inhabitants of the region and endangered the lives of civilians. 

  • The attacks intermittently halted Libyan oil exports from 2013 to 2018, which led to significant losses for the Libyan economy.

  • The person concerned attempted to export oil illegally.

  • The person concerned recruits foreign fighters for his repeated attacks against “oil crescent” region.

  • The person concerned, through his actions, is working against the stability of Libya; and constitutes an obstacle in the way of the Libyan parties to resolve the political crisis and implement the United Nations Plan of Action.

Link:

UN Narrative Summary

UN Narrative Summary: Who is Salah Badi?

SALAH BADI

In accordance with Section 5 (g) of its Guidelines, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya makes accessible a narrative summary of reasons for the listing for individuals and entities included in the sanctions list.

LYi.028

SALAH BADI

Date on which the narrative summary became available on the Committee’s website: 

16 November 2018

Reason for listing: 

Listed pursuant to paragraph 22 (a) of resolution 1970 (2011), paragraph 4 (a) of resolution 2174 (2014) and paragraph 11 (a) of resolution 2213 (2015).

Additional information: 

  • Salah Badi has consistently attempted to undermine a political resolution in Libya through his support for armed resistance. Open source evidence confirms Salah Badi is a senior commander of the armed anti-GNA Al-Somood front, also known as Fakhr or ‘Pride of Libya’, and the Misratan Al Marsa Central Shield brigade.

  • He has played a leading role in the recent fighting in Tripoli which began on 27 August 2018, in which at least 115 people were killed, most of which are civilians. Forces under his command were specifically referred to by UNSMIL when it called on all parties to the fighting to cease acts of violence (and reminded them that targeting civilians and civilian installations is prohibited by IHL).

  • During late 2016 and 2017, Salah Badi led anti-GNA militias in attacks on Tripoli in repeated attempts to remove power from the GNA and restore the unrecognised ‘National Salvation Government’ of Khalifa Ghwell. On 21 February 2017, Badi appeared next to tanks in a YouTube video recorded outside the Rixos hotel in Tripoli, and threatened to confront the Unrecognised Government of National Accord. On 26 and 27 May 2017 Fakhr Libya (“Pride of Libya” – فخر ليبيا ) forces led by Salah Badi attacked locations in Tripoli including the Abu Sleem area and airport road. Reliable media reports, corroborated by social media, said Badi’s forces used tanks and heavy artillery in the attack.

Link:

UN Narrative Summary

January 10, 2019: Oops, OFSI (and EU)! Libyan Agricultural Bank designation corrected

Yesterday, British regulators implemented corrections from a Corrigenda issued by the EU, correcting the following Libya sanctions listing:

Libyan Agricultural Bank

a.k.a: (1) Agricultural Bank (2) Al Masraf Al Zirae (3) Al Masraf Al Zirae Agricultural Bank (4) Libyan Agricultural Bank Address: (1) Al Jumhouria Street, East Junzour, Al Gheran, Tripoli, Libya. (2) El Ghayran Area, Ganzor, El Sharqya, PO Box 1100, Tripoli, Libya. Other Information: EU listing. Not UN. Libyan subsidiary of the Central Bank of Libya. Closely associated with the former regime of Muammar Qadhafi. Email agbank@agribankly.org. SWIFT/BIC AGRULYLT (Libya). Tel (218)2144870586 (218)214870586, (218)214870714, (218)214870745, (218)213338366, (218)213331533, (218)213333541, (218)213333544, (218)213333543, (218)213333542. Fax (218)214870747, (218)214870767, (218)214870777, (218)213330927, (218)213333545. Listed on: 14/04/2011 Last Updated: 04/08/2015 10/01/2019 Group ID: 11745.

Links:

OFSI Notice

EU Corrigenda