The Week in Review delivers the impact and analysis for the public, private, and non-profit sectors from our daily reporting of the evolving global sanctions campaign against
This week, we reviewed the recent developments since our last update on 1 April as
Recent Developments Related to Sanctions Against Russia
Since the last update, numerous authorities have undertaken sanctions-related actions against
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On 7 April, the
- On 6 April, the
White House issued a new Executive Order prohibiting: - All new investment in
Russia ; - Exportation of any category of services to any person located in the
Russian Federation as determined by the Secretaries of theTreasury and State; and U.S. person facilitation of any such investment or services by a foreign person.2
- All new investment in
- On 6 April, the
U.S. Department of the Treasury's OFAC imposed blocking sanctions on two major Russian banks,Sberbank and Alfa-Bank, their numerous subsidiaries inRussia and abroad, family members of Russian PresidentVladimir Putin and Foreign MinisterSergey Lavrov , and a number of Russian Security Council Members and Putin facilitators.3 - On 5 April, the
U.S. Department of the Treasury's OFAC imposed blocking sanctions on Garantex, anEstonia -based virtual exchange with significant operations inRussia , andRussia -based Hyrdra Market, the world's largest and most prominent darknet market, to include identifying over 100 virtual currency addresses associated with the entity's operations.4 - On 4 April, the
U.S. Department of the Treasury's OFAC stopped the Russian government from paying holders of its sovereign debt of more than$600 million from reserves held atU.S. banks that have been de facto frozen since late February.5 - On 1 April, the
U.S. Department of Commerce ,Bureau of Industry and Security ("BIS"), issued a final rule adding 120 entities to the Entity List. Ninety-five entities are being added as military end-users under the destinations ofBelarus andRussia and 25 entities are being added under the destination ofRussia . BIS has designated these entities due to their efforts to acquire items subject to the Export Administration Regulations (EAR) in support ofRussia's andBelarus's militaries.6 - On 1 April, the
U.S. Department of the Treasury's OFAC announced a$78,750 settlement withS&P Global, Inc. ("S&P Global ") for potential violations ofRussia -related Executive Order 13662 of20 March 2014 .7 The conduct at issue involved an$82,500 invoice due from Rosneft, a Russian company subject to theU.S. sectoral sanctions since 2014, inOctober 2015 . Rosneft failed to make the payment on time, andS&P Global and a research firm it acquired subsequently on multiple occasions redacted, split, and reissued the invoice because the payments have been continuously rejected by their banks. - Import ban on coal;
- Asset freezing sanctions on four major Russian banks;
- Ban on Russian vessels accessing EU ports with certain exemptions;
- Further targeted export bans targeting
Russia's technological and industry sector; - Import bans on a range of products to include wood, cement, and liquor; and
- General ban on participation of Russian companies in public procurement in
EU states.8
- On 5 April, concurrently with the
U.S. designation, theGerman Federal Criminal Police , the Bundeskriminalamt, in coordination withU.S. law enforcement seized servers of the Hydra Market and its cryptocurrency wallets containing$25 million worth of Bitcoin.9 According to theDepartment of Justice ("DOJ "), "Hydra was an online criminal marketplace that enabled users in mainly Russian-speaking countries to buy and sell illicit goods and services, including illegal drugs, stolen financial information, fraudulent identification documents, and money laundering and mixing services, anonymously and outside the reach of law enforcement."10 - In response to
Russia's continued aggression againstUkraine , governments have amended restrictions to impose harsher restrictions on previously targeted entities.Sberbank , which was previously subject to prohibitions against processing transactions as well as new debt and equity, is now subject to blocking sanctions both in theU.S. andUK . The same is true for Alrosa, which was subject toU.S. new debt and equity restrictions, but is now also subject to blocking sanctions in theU.S. andUK . If your company continues to engage in business with sanctioned Russian entities, where these sanctions are more limited than blocking/asset freeze, this creates the risk of subsequent blocking designation and your inability to regain funds or assets they hold. - If
Russia fails to make payments on its upcoming bonds, it will constitute its first international market default in more than a century. Such a default would allow foreign bondholders and creditors to bring claims to Russian government property held abroad, as well as severely restrict any future Russian efforts to raise funds abroad, even assuming the sanctions are lifted. - Companies should review their entire supply chains, to include ultimate beneficial users, for ties to
Russia in response to theEU's new export bans related toRussia's technological sector. - K2 Integrity anticipates that the
U.S. will name additional sectors of the Russian economy for targeting ifRussia's provocations inUkraine increases. This further increases the risks of conducting any activity in or withRussia . - This week's first ever enforcement action targeting
Russia -related debt restrictions required by sectoral sanctions underscores the strong political will to target sanctions evasion tactics and theU.S. ' commitment to enforce allRussia sanctions regulations. Reportedly, Russian sectoral sanctions targets often appeal to their counterparts to issue blank or future-dated invoices in clear violation of sanctions. Anyone engaging in such activity risks not only a potential OFAC enforcement action, but also a referral toDOJ in case of evidence of criminal intent.
EU actions include:
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On 6 April, the EU proposed a fifth package of sanctions on
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On 6 April, the
Key Implications (Public, Private, and Non-Profit Sectors)
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The
Footnotes
1. The United States Sanctions Major Russian State-Owned Enterprises,
2. Prohibiting New Investment in and Certain Services to the
3.
4. Treasury Sanctions Russia-Based Hyrdra, World's largest Darknet Market, and Ransomware- Enabling Virtual Exchange Garantex, 5,
5.
6. Commerce Adds 120 Entities in
7. Settlement Agreement between the
8. Press statement by President
9. Justice Department Investigation Leads to Shutdown of
10. Ibid
11.
12. Background Press Call by Senior Administration Officials on New Economic Costs on
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Ms
K2 Integrity
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E-mail: abernardis@k2intelligence.com
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