France – bank fined €50m for sanctions compliance failings

The ACPR in France has today announced the imposition of a fine of €50m against Banque Postale.

This is the largest fine imposed in France to date.

The fine was imposed for sanctions compliance failings and in particular the ability of designated persons to transfer funds through Banque Postale, even when not a customer, by “money order”.

Banque Postale has indicated an intention to appeal the fine.

Netherlands – Dutch National Bank fines of €170,000 upheld on appeal

The District Court of Rotterdam has upheld fines of €170,000 imposed by the Dutch National Bank on a payment services provider for breaches of Dutch sanctions law and AML rules.

The appeal was largely based on arguments that the internal compliance function had adequately performed its function. The court was highly critical of this argument, noting the lack of due diligence and periodic training.

Netherlands – conviction for breach of Iran sanctions

The District Court in the Hague has convicted an individual for the making of  unauthorised financial transfers to/from Iran in the years 2013 and 2014 of around €92,000.

The person was convicted but no sentence imposed on mental health grounds, while noting that ordinarily a conviction would result in a lengthy custodial sentence.

Various sums seized as part of the investigation were returned to the defendant as the prosecution had not proven that these sums related to particular criminal activity.

Netherlands – fine of €100,000 imposed on payment services provider

In 2015 the Dutch National Bank had imposed a financial penalty of €125,000 on an unnamed payment services provider for failings in relation to sanctions and PEP screening as part of a review by the bank.

The payment services provider appealed the decision.

On appeal to the District Court of Rotterdam the penalty was upheld but the fine reduced to €100,000.

The National Bank had originally calculated the fine as €550,000 which was then reduced due to the financial condition and size of the defendant.

Latvia – two further banks fined by regulator for North Korean sanctions failings

The Latvian Finance and Capital Markets Commission has today announced a fine of €1.3 million against Norvik Banka and of €1.56 million against Rietumu Banka in relation to transactions related to circumvention of North Korean sanctions between 2013 and 2014 and 2009 and 2015 respectively.

Both banks have cooperated with the FCMC and have undertaken as part of administrative agreements to improve their internal compliance functions.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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