The past several weeks at U.S. sanctions agencies have ranked among the busiest times in recent memory, especially at the Office of Foreign Assets Control, where some employees are working nearly nonstop to implement and enforce new sanctions against Russia, former officials said in interviews. While some former officials said the extra work could shift minor projects to the side, lawyers are concerned it could also delay more pressing agency priorities, including licensing requests.
The Office of Foreign Assets Control designated six individuals in the United Arab Emirates for raising money on behalf of Boko Haram insurgents in Nigeria. OFAC actions follow arrests in the UAE in September, which OFAC says "demonstrates the commitment of the Emirati government to using judicial measures and targeted financial sanctions to disrupt the flow of funds to these networks."
The Office of Foreign Asset Control on March 24 updated two existing Russia-related general licenses and issued two new licenses. Updated License 6A authorizes certain transactions involving exports of agricultural commodities, medicine, medical devices and COVID-19 diagnosis and treatment equipment, while updated License 17A authorizes certain imports of Russian alcoholic beverages, non-industrial diamonds or seafood. New License 20 authorizes certain transactions involving the official business of third-country diplomatic or consular missions in Russia, and new License 25 authorizes certain transactions involving "journalistic activities" in Russia. OFAC also updated two existing Frequently Asked Questions to reflect the new licenses.
The Biden administration is emphasizing enforcement of Russia sanctions and export controls, making industry compliance with trade restrictions increasingly important, law firms said. Businesses should be taking several due diligence steps to avoid being caught in Russia-related sanctions evasion attempts, they said, and also can take action to protect their business operations in the Russia and Ukraine regions.
The White House and the State Department on March 24 announced full blocking sanctions on more than 400 individuals and entities, including members of the Russian legislature, defense companies and their leadership, and additional Russian elites. The targets are "key enablers of the invasion" of Ukraine, OFAC said in a press release that accompanied the full list of sanctioned individuals and entities.
The Office of Foreign Assets Control designated the Central Reserve Police of the Sudan for human rights abuses. The CRP has "used excessive force and violence intended to silence civilian activists and protesters,” Undersecretary of the Treasury for Terrorism and Financial Intelligence Brian Nelson said. The CRP is a militarized Sudanese police unit that OFAC says has been "at the forefront of the Sudanese security forces’ violent response to peaceful protests." OFAC designated the CRP under Eexecutive Order 13818 and the Global Magnitsky Human Rights Accountability Act in 2017. As of March 21, all property of the CRP that is in the U.S. or that is in the possession or control of U.S. persons, is blocked and must be reported to OFAC.
The Office of Foreign Assets Control last week issued a new general license to authorize certain transactions related to “civil maritime services” with people or companies in the so-called Donetsk People’s Republic or Luhansk People’s Republic regions of Ukraine. General License No. 24 only authorizes the transactions if the services are performed outside the covered regions and aren’t performed “on behalf of any entity located in, or organized under the laws of,” the covered regions.
The Office of Foreign Assets Control designated seven individuals and two entities as part of its efforts to combat drug trafficking in Central America. On March 18, OFAC designated the Los Huistas Drug Trafficking Organization and its leadership that threatens the people and security of the United States and Guatemala. OFAC said that Los Huistas DTO is the dominant criminal structure on the Guatemala/Mexico border.
The Office of Foreign Assets Control designated one individual and nine entities as part of its efforts to combat illicit gold trade. On March 17, OFAC sanctioned Alain Goetz, a Belgian businessman who operates the African Gold Refinery in Uganda as well as companies in the UAE that receive illicit gold from mines in regions of the Democratic Republic of the Congo that are controlled by armed groups involved in destabilizing activities in the Congo. Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian Nelson said that "[c]onflict gold provides the largest source of revenue to armed groups in eastern DRC where they control mines and exploit miners,” in a press statement.
As the U.S. continues to tighten Russia export controls (see 2203110056), more companies may ask customers to sign end-use statements as a way to document their due diligence, said Marwa Hassoun, a trade lawyer with ArentFox Schiff. Businesses must also make sure they are taking certain minimum compliance steps to comply with U.S. sanctions, said ArentFox Schiff sanctions lawyer Matthew Tuchband, including more regular screening of restricted party lists.