INTERNATIONAL SANCTIONS FEBRUARY 2022

2022-02-28 Newsletters

1.EUROPEAN UNION

LIBYA

On 10 February 2022, COUNCIL IMPLEMENTING DECISION (CFSP) 2022/189 of 10 February 2022 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya was published in the Official Journal of the European Union.

MALI

On 03 February 2022, COUNCIL DECISION (CFSP) 2022/157 of 4 February 2022 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali was published in the Official Journal of the European Union.

Whereas:

In view of the continuing seriousness of the situation in Mali, it is appropriate to include five (5) persons on the lists of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex II to Decision (CFSP) 2017/1775.

AFGHANISTAN

On 03 February 2022, COUNCIL DECISION (CFSP) 2022/153 of 3 February 2022 amending Decision 2011/486/CFSP concerning restrictive measures against certain persons, groups, undertakings and entities, in view of the situation in Afghanistan was published in the Official Journal of the European Union.

Articles 1 and 2 of Decision 2011/486/CFSP are amended by providing that:

“Paragraphs 1 and 2 shall not apply to the processing and payment of funds, other financial assets or economic resources, or to the provision of goods and services necessary to ensure the timely delivery of, or in support of, humanitarian assistance and other activities addressing basic human needs in Afghanistan”.

On 21 February 2022, COUNCIL DECISION (CFSP) 2022/240 of 21 February 2022 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with those groups, undertakings and entities was published in the Official Journal of the European Union.

In view of the continuing threat posed by ISIL (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with them, one (1) natural person of Afghan nationality as listed in the Annex to Council Decision (CFSP) 2022/240 should be added to the list.

TUNISIA

On 03 February 2022, COUNCIL DECISION (CFSP) 2022/154 of 3 February 2022 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia was published in the Official Journal of the European Union.

Article 1 of Decision 2011/72/CFSP is amended by providing that:

where a criminal conviction for misappropriation of public funds has been obtained against such person prior to his or her death, funds and economic resources that were owned, held, possessed or controlled by that person shall continue to be frozen until the court orders for the recovery of the misappropriated public funds and the payment of fines have been executed; and
where no such criminal conviction has been obtained against that person prior to his or her death, funds and economic resources that were owned, held, possessed, held or controlled by that person shall continue to be frozen for a reasonable period of time, subject to paragraph 4. If within that period a civil or administrative action is brought for the recovery of the misappropriated public funds, the funds and economic resources that were owned, possessed, held or controlled by that person shall continue to be frozen until such action is dismissed or, if the action is successful, until the court order for the recovery of the misappropriated funds has been executed.

BELARUS

On 17 February 2022, COUNCIL DECISION (CFSP) 2022/218 of 17 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus has been published in the Official Journal of the European Union.

ZIMBABWE

On 17 February 2022, COUNCIL DECISION (CFSP) 2022/227 of 17 February 2022 amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe was published in the Official Journal of the European Union.

PAKISTAN

On 21 February 2022, COUNCIL DECISION (CFSP) 2022/240 of 21 February 2022 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with those groups, undertakings and entities was published in the Official Journal of the European Union.

In view of the continuing threat posed by ISIL (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with them, one (1) natural person of Pakistani nationality should be added to the list.

SYRIA

On 21 February 2022, COUNCIL IMPLEMENTING DECISION (CFSP) 2022/242 of 21 February 2022 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria was published in the Official Journal of the European Union.

Five (5) natural persons are added to the list because of the inherent risk that assets inherited by these persons are used to support the activities of the Syrian regime and directly reach the regime, which could contribute to the regime’s violent repression against the civilian population.

MYANMAR/BURMA

On 21 February 2022, COUNCIL DECISION (CFSP) 2022/243 of 21 February 2022 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma was published in the Official Journal of the European Union.

In view of the continuing serious situation in Myanmar/Burma, twenty-two (22) persons and (4) four (4) entities are added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2013/184/CFSP.

RUSSIA

On 21 February 2022, COUNCIL DECISION (CFSP) 2022/241 of 21 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.

Whereas:

Following the organisation by the Russian Federation of the so-called September 2021 elections to the State Duma in the illegally annexed “Autonomous Republic of Crimea” and the city of Sevastopol, the Council considers that five (5) persons should be added to the list of persons, entities and bodies subject to restrictive measures in the Annex to Decision 2014/145/CFSP for their role in undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

On 24 February 2022, COUNCIL DECISION (CFSP) 2022/264 of 23 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of actions by Russia which destabilise the situation in Ukraine has been published in the Official Journal of the European Union.

The Council considers it appropriate to take further restrictive measures in response to Russia’s actions destabilising the situation in Ukraine. In particular, restrictions should be imposed on access to capital markets, notably through a ban on financing Russia, its government and its Central Bank. In order to implement certain measures, further action by the Union is necessary.

On 24 February 2022, COUNCIL DECISION (CFSP) 2022/265 of 23 February 2022 amending Decision 2014/145/CFSP restrictive measures in respect of actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.

In view of the gravity of the situation, the Council considers that twenty-two (22) persons and four (4) entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.

On 24 February 2022, COUNCIL DECISION (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the recognition of the areas of the non-government-controlled provinces of Donetsk and Luhansk in Ukraine and the order for Russian armed forces to enter these areas was published in the Official Journal of the European Union.

The Council considers that the import into the European Union of goods originating in the non-government-controlled areas of Donetsk and Luhansk oblasts of Ukraine should be prohibited, with the exception of goods for which a certificate of origin has been issued by the Government of Ukraine. It is also appropriate to restrict trade in goods and technology for use in certain sectors in the areas of the non-government-controlled Donetsk and Luhansk oblasts of Ukraine. Services in the sectors of transport, telecommunications, energy or prospecting, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in the non-government-controlled areas of Donetsk and Luhansk oblasts of Ukraine should be prohibited.

On 24 February 2022, COUNCIL DECISION (CFSP) 2022/267 of 23 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.

In view of the gravity of the situation, the Council considers that 336 members of the State Duma should be added to the list of persons, entities and bodies subject to restrictive measures annexed to Decision 2014/145/CFSP because of their vote in favour of a resolution calling on President Vladimir Putin to recognise the proclaimed separatist parts of eastern Ukraine as independent states.

2. UNITED STATES

MYANMAR

As of 1February 202,2 OFAC, pursuant to the Executive Order (E.O.) 14014blocking property with respect to the situation in Myanmar has added to the SDN list seven (7) natural persons and two (2) entities of Burmese nationality, “[B]eing foreign persons who are or were leaders or officials of the Government of Burma as of February 2, 2021, and for having supplied arms and equipment to the Burmese military regime. They are being designated for operating in the defence sector of the Burmese economy. “.

All assets and interests in assets of these persons that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, all entities that are owned, directly or indirectly, 50% or more in the aggregate by one or more of these persons are also blocked. OFAC regulations generally prohibit all transactions by U.S. persons or within (or in transit through) the United States involving property or interests in property of designated persons.

INDONESIA

On 3 February 202,2 OFAC, by virtue of Executive Order (E.O.) 13224, added to the SDGT list one (1) natural person and seven (7) entities of Indonesian nationality, “for having materially assisted, sponsored or provided financial, material or technological support, or goods or services, to Majelis Mujahidin Indonesia, an entity whose assets and property interests are blocked pursuant to E.O. 13224″.

In addition, engaging in certain transactions with the persons and entities designated today carries the risk of secondary sanctions under EO 13224, as amended. Under this authority, OFAC may prohibit or impose strict conditions on the opening or maintenance in the United States of a correspondent or payable-through account with a foreign financial institution that knowingly conducted or facilitated any significant transaction on behalf of a specially designated global terrorist.

MEXICO

As of 10February 202,2 OFAC, by Executive Order (E.O.)14059, has added to the SDN List a (1) natural person of Mexican nationality, “[f]or having engaged or attempted to engage in activities or transactions that have contributed materially, or pose a significant risk of contributing materially, to the international proliferation of illicit drugs or the means of their production. “.

On 17 February 202,2 OFAC, by virtue of Executive Order (E.O.) 14059, added to the SDN List one (1) natural person of Mexican nationality, “[f]or acting on behalf of the Jalisco Cartel – New Generation (CJNG) in facilitating various illicit activities in Puerto Vallarta, Jalisco, Mexico”.

As a result of today’s action, all property and interests in property of designated persons or entities that are in the United States or in the possession or control of U.S. persons must be blocked and reported to OFAC. OFAC regulations generally prohibit all transactions by US persons or entities within the United States (or in transit) involving property or interests in property of designated or blocked persons. U.S. persons may face civil or criminal penalties for violations of EO 14059.

ECUADOR

On 10 February 202,2 OFAC, by virtue of Executive Order (E.O.) 14059, added to the SDN list one (1) natural person of Ecuadorian nationality, “for having engaged or attempted to engage in activities or transactions that have contributed materially, or pose a significant risk of contributing materially, to the international proliferation of illicit drugs or the means of their production.

RUSSIA

As of 22February 202,2 OFAC, pursuant to Executive Order (E.O.) 14024, which authorises it to impose sanctions on Russia for its harmful foreign activities, including violation of basic principles of international law such as respect for the territorial integrity of other states, has added to the SDN List three (33) natural persons, forty-four (4444) entities, five (5) vessels of Russian nationality. In addition OFAC has added to the Non-SDN Menu-Based Sanctions List three (3) entities of Russian nationality, “[T]he United States is taking steps to respond to President Vladimir Putin’s decision to recognise the so-called Donetsk and Luhansk People’s Republics (DNR and LNR) as “independent” states and to deploy troops to these regions by sanctioning two major Russian state-owned financial institutions, imposing additional restrictions on Russian sovereign debt, and sanctioning five Kremlin-related elites. This action by the US Treasury Department’s Office of Foreign Assets Control (OFAC) comes on top of yesterday’s Executive[1] Order imposing severe restrictions on economic activity with the Ukrainian regions of the DNR and LNR. “.

As part of today’s actions, OFAC has also increased restrictions on transactions in Russia’s sovereign debt, further cutting off Russia from sources of revenue to fund its government or President Putin’s priorities. These restrictions significantly cut off a key avenue for Russia to raise money. Such measures create a strain on Russian state resources and a greater risk to its ability to manage its finances.

Specifically, OFAC issued Directive 1A relating to Russia under EO 14024, “Prohibitions Relating to Certain Sovereign Debt of the Russian Federation” (the “Russia-Related Sovereign Debt Directive”), which amends and replaces Directive 1 under EO 14024. This extends the existing sovereign debt prohibitions to cover secondary market participation in bonds issued after 1 March 2022 by the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation or the Ministry of Finance of the Russian Federation.

On 24 February 202,2 OFAC, pursuant to Executive Order (E.O.) 14024, which authorises it to impose sanctions on Russia for its harmful foreign activities, including violation of basic principles of international law such as respect for the territorial integrity of other states, added fifteen (15) natural persons and seventy-six (76) entities to the SDN list.. In addition, OFAC has added thirteen (13) entities of Russian nationality to the Non-SDN Menu-Based Sanctions List. “The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) has imposed, in collaboration with its allies and partners, expansive economic measures that affect the basic infrastructure of the Russian financial system – including all of Russia’s major financial institutions and the ability of state and private entities to raise capital – and further exclude Russia from the global financial system. The measures also affect almost 80% of all banking assets in Russia and will have a profound and lasting effect on the Russian economy and financial system.”

GERMANY

As of 23February 202,2 OFAC, pursuant to Executive Order (E.O.) 14039, which blocks ownership with respect to certain Russian energy export pipelines, has added to the SDN list one (1) natural person of German nationality, “for having materially assisted, sponsored, or provided financial, material or technological support, or goods or services to or in support of Hezbollah”.

SWITZERLAND

As of 23February 202,2 OFAC, pursuant to Executive Order (E.O.) 14039, which blocks ownership with respect to certain Russian energy export pipelines, has added to the SDN list an (1) entity of Swiss nationality, “[I]f it has materially assisted, sponsored or provided financial, material or technological support, or goods or services to or in support of Hezbollah”.

UNITED ARAB EMIRATES

As of 23February 202,2 OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, added four (4) entities of Emirati nationality to the SDGT list, “[B]eing members of an international network that funds the Houthis’ war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states”.

GREECE

On February 23, 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, added to the SDGT list one (1) natural person of Greek nationality, “[B]eing members of an international network that funds the Houthis’ war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states.

INDIA

On February 23, 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support to terrorists or acts of terrorism, added to the SDGT list one (1) natural person of Indian nationality, “[B]eing members of an international network that funds the Houthis’ war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states.

YEMEN

On February 23, 2022 OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, added to the SDGT list one (1) natural person and three (3) entities of Yemeni nationality, “[B]eing members of an international network that finances the Houthi war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states.

TURKEY

On 23 February 202,2 OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, added two (2) entities of Turkish nationality to the SDGT list, “[B]eing members of an international network that funds the Houthi war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states”.

SAINT KITTS AND NEVIS

On February 23, 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support to terrorists or acts of terrorism, added one (1) San Cristobalan vessel to the SDGT list, “[B]eing members of an international network that funds the Houthis’ war against the Yemeni government and increasingly aggressive attacks that threaten civilians and civilian infrastructure in neighbouring states.

3. UNITED KINGDOM

SOMALIA

As of 22 February 2022 the UK Government, under the Regime: The Republic Of Guinea-Bissau (Sanctions) (Eu Exit) Regulations 2019 has added to the UK Sanctions List (“UKSL List“) one (1) natural person of Somali nationality, “[f]or engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the peace and reconciliation process in Somalia, or threaten the Federal Government of Somalia or AMISOM by force. “. Sanctions imposed on individuals on the USKL list include a travel ban and an assets freeze.

RUSSIA

On 22 February 2022 the UK Government, under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, added three (3) natural persons and (5) entities to the UK Sanctions List (“UKSL List”).
On 24 February 2022 the UK Government, in the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, added five (5) natural persons and (6) entities to the UK Sanctions List (‘UKSL List‘).

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In Madrid, 28 February 2022

International Trade and Sanctions Department

Lupicinio International Law Firm

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For more information:

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