This blog has been live now for just over two months.
During that time and by way of recap, a number of states have provided updated enforcement statistics in that period (Finland, Switzerland, Latvia), but the period has also seen a significant volume of new enforcement activity:
Continue reading “European sanctions enforcement: the last two months”
It is being reported today that BNP Paribas remains the subject of an ongoing investigation by the Paris Prosecutor’s office in relation to allegations of complicity in crimes against humanity, torture and genocide arising from the financial services it provided to the government of Sudan between 2002 and 2008.
BNP’s Swiss subsidiary is also the subject of the investigation.
BNP Paribas has previously pled guilty to US sanctions charges, and the Swiss regulator FINMA has previously punished BNP Paribas Suisse.
While the relevant limitation period for sanctions offences in France has expired, the case is a reminder that same sanctions breaches can potentially give rise to liability for other offences.
There has been press reporting into the ongoing investigation by the German financial service regulator, BaFin, into the German bank Varengold Bank AG.
The investigation remains ongoing and so far no individuals have been accused of wrongdoing, and no reference has been made in relation to a criminal prosecution.
For our earlier post regarding the BaFin announcement see here.
Following widespread press reports (initially in the Financial Times) that a series of front companies linked to the Iranian Revolutionary Guard held accounts in the UK with Lloyds Bank and Santander, it is now being reported (behind a paywall) that both banks have been contacted by the Financial Conduct Authority in relation to the allegations.
Both banks have denied breaching sanctions.
An unnamed financial services provider regulated by the Dutch National Bank has challenged fines imposed upon it in relation to KYC and due diligence failings including in relation to sanctions screening.
The DNB had initially fined the provider €1.1m and €625,000, but these were reduced through a review process to €850,000 and €480,940.
The first fine in particular related to allegations of a failure to screen any of the sample of analysed customers against EU and Dutch sanctions lists.
On further appeal to the Rotterdam District Court the fines were upheld but further reduced to €718,841.25 and €451,250.
It has been reported that Federal Prosecutors in Germany have applied to confiscate €720 million in frozen assets belonging to Russia’s National Securities Depository.
After the NSD had been designated it had sought to move the funds and made transfer requests to JP Morgan and Commerzbank which refused to proceed with the transfer. As such the prosecutors are seeking to have the funds treated as the proceeds of crime and so confiscatable under ordinary anti-money laundering rules.
A Spanish national, Alejandro Cao de Benos, has been arrested on an US arrest warrant on suspicion of breaching sanctions against North Korea.
It is alleged that he was providing cryptocurrency advice to North Korea to assist with circumventing US sanctions.
It has been reported today that 28 reports to the Cypriot authorities have been received between May and November of this year.
The reports are said to have come from multiple sources including the Ministry of Finance, the Foreign Ministry, the anti-money laundering unit MOKAS, the Association of Cyprus Auditors, the Cyprus Bar Association, the Legal Service, and the Central Bank.
The Prudential Control and Resolution Authority has announced a reprimand and a fine of €600,000 on the firm Mutuelle de Poitiers for failures in its internal compliance program in relation to sanctions.
The failures related not only to delays in detecting designated persons, but in reporting to the ACPR.
It has been reported today that the FCA is currently investigating Revolut for permitting transactions valued at £1.7 million in breach of the UK’s sanctions between July and August this year.
Revolut has stated in response that it reported the transactions to the FCA and that the value is £500,000.
