The Italian Financial Intelligence Unit is investigating cash withdrawals of €4.3m by staff of the Russian embassy in Rome, including withdrawals of over €100,000.
One line of inquiry is that the withdrawals are part of a sanctions evasion scheme.
United Kingdom – law firm fined for sanctions controls
A law firm which self-reported itself to the legal regulator in relation to three real estate transactions has been fined £101,357 by the Solicitors Regulation Authority.
The transactions did not actually involve sanctioned persons or entities, but screening had not been conducted at the time of the transactions and subsequently a possible link between one of the transactions and a designated person was identified.
Cyprus – investigation into purported divestiture by designated person
Further to our earlier post about the German authorities investigating a share transfer suspected to have been carried out in breach of an asset freeze imposed on Alexei Mordashov, the Cypriot authorities have confirmed that, following a report from the German authorities, they have commenced their own investigation.
France – oligarch arrested on suspicion of sanctions breaches
It has been reported that the French authorities have arrested a prominent Russian oligarch on suspicion of various offences including sanctions offences.
Searches were conducted in Paris and in the south of France.
German authorities raid properties of designated person
It has been reported today that the German authorities in Bavaria have conducted raids on multiple properties belonging to a designated person.
While the German authorities have not stated the identity of the designated person, press reporting has stated the person is Alisher Usmanov.
UK’s FCA reported to be investigating firm for sanctions breaches
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.
Finland – customs authorities investigating over 600 potential sanctions breaches
As part of the ongoing reporting of an investigation into the sale of a tugboat from Finland to Russia in breach of EU sanctions, it was reported today that the Finnish authorities are have been undertaking over 600 investigations into potential sanctions breaches since February 2022.
Sixty of these are said to be “aggravated” indicating that they are of a more serious, or high value, nature.
Netherlands announce 55 ongoing criminal investigations
The Dutch have announced that the Public Prosecution Service is currently undertaking 55 criminal investigations into suspected breaches of Russian and Belarusian sanctions.
Little information on the breaches is available, but the authorities have stated that roughly two thirds relate to breaches of trade sanctions, and one third to financial sanctions.
As of December the number was at 27, meaning 28 have been added during 2023 to date.
Latvian enforcement: 14 ongoing criminal prosecutions
In response to questions about Russian sanctions enforcement the Latvian authorities have confirmed that they have 14 ongoing criminal prosecutions of which three relate to exports, including circumvention of sanctions by routing exports through China and central Asia, and the others to breaches of financial sanctions.
The Latvian authorities also stated they received 281 suspicious activity reports during 2022 in relation to Russian sanctions, and had received 309 so far in 2023.
UK’s OFSI enforces and gives Wise words of compliance advice
The UK’s Office of Financial Sanctions Implementation (OFSI) has announced its most recent enforcement action, coupled with changes to its Guidance on its attitude to enforcement.
On 29 June 2022 a new person was added to the UK’s sanctions list as a “Designated Person”. At 4am the next morning a debit card in that Designated Person’s name, but relating to a separate company (albeit one owned or controlled by the Designated Person) was used to withdraw £250. OFSI’s published action relates to Wise Payments Limited (Wise), the regulated financial services firm with which the account was held. While Wise had reacted to the designation of its customer by blocking transfers into or out of the account, its policy was not to stop debit cards on the basis that it often had a lot of false positives with sanctions screening and that it had a duty to its customers as well. The debit card was not blocked until the after the weekend as its sanctions team did not work on the weekend. No further withdrawals were made over this period.
OFSI’s view in its notice is that blocking debit cards while ascertaining if a screening match is genuine is a wholly proportionate policy for managing sanctions risk. Further, not having a sanctions team to review screening hits over the weekend was insufficient.
Thus while the value of the breach was low, and Wise self-reported promptly and co-operated, OFSI applied its “severity” test and determined that Wise’s actions amounted to a moderately severe breach. It was on this basis that OFSI has published the details of this breach, albeit it did not impose a civil penalty nor propose a criminal prosecution. This is the first time that OFSI has used its new “disclosure” power in this way.
The other noteworthy factor is that Wise’s conduct was treated as “making available” assets to a designated person. Wise’s role was passive – it took no step to transfer or give assets to the Designated Person. Nonetheless, the failure to block the debit card was interpreted as itself amounting to “making available” what should be frozen assets to a designated person. This is helpful in clarifying the breadth of the view taken by OFSI on what can amount to “making available”.