More countries are using cryptocurrencies to evade U.S. sanctions, a troubling trend that could damage U.S. sanctions regimes if not managed correctly, sanctions experts told Congress this week. The experts said lawmakers should provide more funding to the Treasury Department's Office of Foreign Assets Control to address the issue and should push for more public-private partnerships to help OFAC target cryptocurrency users.
The U.S. District Court for the District of Columbia in a June 13 opinion rejected Russian businessman Oleg Deripaska's challenge to his sanctions listing, granting the Office of Foreign Assets Control's motion for summary judgment. Deripaska, who argued his listing as part of the wave of sanctions in the wake of Russia's annexation of the Crimean Peninsula in 2014 violated multiple procedural and constitutional rights. Deripaska claimed that OFAC violated his Fifth Amendment due process rights by “relying on undisclosed classified information and failing to provide him with adequately detailed unclassified summaries of that information.” Deripaska is a “non-resident alien who lacks sufficient contact with the United States” to bring a due process challenge, Judge Amit Mehta said. Mehta said that “even if the court were to consider Deripaska’s due process claim on the merits, it would reject it” because the International Emergency Economic Powers Act explicitly says that OFAC can rely on classified information in its determinations.
The Office of Foreign Assets Control on June 16 revised two entries on its Non-Specially Designated National Chinese Military-Industrial Complex Companies List. OFAC changed the entries for the Aviation Industry Corp. of China, which was identified as a Chinese military company in June 2020 (see 2006250024), and China National Offshore Oil Corp., which was identified in December 2020 (see 2011300038).
Paul Marquardt joined Davis Polk as a partner in its Washington, D.C.-based Financial Institutions Group, the firm announced in a June 14 news release. Marquardt previously led the foreign investment and national security practice at Cleary Gottlieb, where he worked with the Treasury Department's Office of Foreign Assets Control and the Commerce Department's Bureau of Industry and Security.
Jessica Johanna Oseguera Gonzalez, a dual U.S.-Mexico citizen and daughter of the leader of Mexican drug trafficking group Cartel de Jalisco Nueva Generacion, was sentenced to 30 months in prison for violating the Foreign Narcotics Kingpin Designation Act, the Department of Justice said in a June 11 news release. Oseguera Gonzalez “engaged in financial dealings” with six Mexican companies that had been designated by the Treasury Department's Office of Foreign Assets Control. She owned two OFAC-designated companies, J&P Advertising and JJGON S.P.R., and was a high-ranking officer at four other listed businesses. Oseguera Gonzalez's father, CJNG leader Nemesio Ruben Oseguera Cervantes, and her uncle, Abigael Gonzalez Valencia, the leader of the Los Cuinis cartel, also were sanctioned by OFAC.
Slack Technologies, an American software company that operates a business collaboration app, said it may have violated U.S. sanctions laws. The company “recently” submitted an initial voluntary self-disclosure to the Office of Foreign Assets Control after discovering customer accounts that may have used its products and services “for the benefit” of sanctioned people, Slack said in a June 3 Securities and Exchange Commission filing.
The Office of Foreign Assets Control designated people and entities involved in a smuggling network that funds Iran’s Islamic Revolutionary Guard Corps-Qods Force and the Houthis in Yemen, OFAC said June 10. The agency sanctioned seven people, four entities and one vessel, including Iran-based Houthi financier Sa’id al-Jamal. The network helps generate tens of millions of dollars from the sale of petroleum and other commodities, OFAC said.
Peter Kucik, a former senior sanctions policy adviser at the Treasury Department's Office of Foreign Assets Control, has joined public strategy firm Mercury as managing director of its Washington, D.C., office, the firm announced in a June 9 email. At OFAC, Kucik helped establish and implement new regulatory systems for different OFAC programs, including for executive orders, license authorizations and international sanctions.
The Office of Foreign Assets Control sanctioned four people for supporting Nicaraguan President Daniel Ortega’s regime as it undermines democracy and violates human rights, the agency said June 9. The sanctions target Camila Antonia Ortega Murillo, the coordinator of the Creative Economy Commission and daughter of Ortega; Leonardo Ovidio Reyes Ramirez, president of the Central Bank of Nicaragua; National Assembly Deputy Edwin Ramon Castro Rivera; and Julio Modesto Rodriguez Balladares, a brigadier general in the Nicaraguan Army and executive director of the Military Social Welfare Institute. OFAC Director Andrea Gacki said the agency will “continue to expose those officials who continue to ignore the will of its citizens.”
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