The UK’s financial services regulator, the FCA, has published its annual report today for the year ending 31 March 2023.
Included in the report the FCA states that: “We reviewed nearly 100
suspected sanction breaches. We have also introduced a data-led approach to proactively supervise firms to ensure they have appropriate sanctions systems and controls, we also conducted 38 proactive assessments looking at firms’ systems and controls”.
The Dutch authorities have conducted searches at residential and business premises in Oegstgeest, The Hague and Haarlemmermeer and arrested a 73-year old on suspicion of breaching the EU’s sanctions against Russia.
The man is alleged to have transferred shares in return for payment and paid €19 million in dividends to a Russian company owned or controlled by a designated person under the EU’s sanctions.
An unnamed financial services provider had appealed three fines imposed on it by the Dutch National Bank in relation to inadequate AML and sanctions screening in relation to transactions to do with Somalia, Syria and Saudi Arabia.
The fines were €8,000, €5,000 and €10,000 for the three identified breaches.
The fine of €8,000 was reduced on appeal to €7,600 on the basis of delay by the regulator, but the others were upheld.
An individual has today been convicted of exporting €11,000 in physical currency from Germany to Russia in breach of Art 5(i)1 of EU Regulation 833/2014.
The individual asserted that he was carrying the currency for the purposes of receiving dental treatment in Kaliningrad.
The judgment takes the view that the exception permitting some cash to be carried “should … be interpreted narrowly”, and that the Commission’s FAQs are a means of discerning the intention of the legislator.
He was fined €4,500 and the balance of the cash above the €500 threshold was confiscated.
The UK’s Financial Conduct Authority has issued a Final Notice to Al Rayan Bank PLC in relation to its failings with customer due diligence, including a lack of due diligence documentation for customers linked to sanctioned countries, or the lack of appropriate enhanced due diligence.
The bank was fined £4,023,600.
The UK’s Financial Conduct Authority has issued a Final Notice against Guaranty Trust Bank (UK) Limited.
The fine was £7,671,800.
The reported failings include a lack of screening against OFSI’s Consolidated List despite policies and procedures requiring such screening. Thousands of accounts had also been established in a way that screening was only done at onboarding and not periodically. Further 90% of resolved sanctions “hits” did not include information or documents demonstrating the basis for the resolution.
The Luxembourg financial services regulator, the CSSF, has announced today the imposition of a fine of €1.56 million on Banque Degroof Petercam Luxembourg SA.
The fine followed an inspection which started in September 2019, and relates to compliance failings in the context of AML and terrorist financing, and a failure to adequately screen clients for inclusion on EU sanctions lists.
The CSSF noted that remedial steps have been taken by the bank since the inspection of 2019/2020.
It was reported today that the Swiss authorities are currently investigating 30 possible breaches of frozen asset reporting under the Swiss sanctions against Russia.
It was also stated that one of these cases had already been referred to federal prosecutors.
The Luxembourg financial services regulator, the CSSF, has today imposed a a fine of €145,000 on Unzer Luxembourg SA for AML and sanctions compliance failings.
The penalty notice noted that the failings, including in sanctions screening, were identified as part of an on-site inspection in 2020 and 2021, and noted that the lack of a fine took into consideration the bank’s efforts at remediation.
The Luxembourg financial services regulator, the CSSF, has today imposed a reprimand on Banque J Safra Sarasin (Luxembourg) SA for AML and sanctions compliance failings.
The penalty notice noted that the failings, including in sanctions screening, were identified as part of an on-site inspection in 2019, and noted that the lack of a fine took into consideration the bank’s efforts at remediation.
