From the Hong Kong Securities and Futures Commission (SFC) – LC means Licensed Corporations and AE means Associated Entities – just the meat of the circular:
(1) United Nations (Anti-Terrorism Measures) Ordinance
Further to our circular issued on 10 July 2015, an updated list specifying terrorists and terrorist associates designated by the United Nations Security Council (“UNSC”) was published under section 4 of the United Nations (Anti-Terrorism Measures) Ordinance (“the UNATMO”) (Cap. 575) in the Gazette on 17 July 2015 (G.N. 5170 of 2015). A relevant press release issued by the UNSC, reflecting the updates since the previous list was published in the Gazette (G.N. 4908 of 2015), is attached in Attachment 1.
(2) United Nations Sanctions (Yemen) Regulation 2015
The United Nations Sanctions (Yemen) Regulation 2015 (“the Yemen Regulation”), made under the United Nations Sanctions Ordinance (Cap. 537) (“UNSO”), was published in the Gazette (L.N. 166 of 2015) on 17 July 2015 with immediate effect.
The Yemen Regulation implements sanctions against Yemen imposed by the UNSC under Resolutions 2204 and 2216.
We would like to draw licensed corporations’ (“LCs”) and associated entities’ (“AEs”) attention to section 5 of the Yemen Regulation which provides for the prohibition against making available funds or other financial assets or economic resources to relevant persons or entities, or dealing with funds or other financial assets or economic resources of relevant persons or entities, except with a licence.
(3) United Nations Sanctions (Libya) Regulation 2011 (Amendment) Regulation 2015
The United Nations Sanctions (Libya) Regulation 2011 (Amendment) Regulation 2015 (“the Amendment Regulation”) made under the UNSO was published in the Gazette (L.N. 167 of 2015) on 17 July 2015 with immediate effect.
The Amendment Regulation amends existing sanctions against Libya to implement decisions of the UNSC under Resolution 2213.
We would like to draw LCs’ and AEs’ attention to section 8 of the Amendment Regulation which provides for the prohibition against engaging in financial transactions related to any crude oil from Libya aboard ships designated by the relevant UNSC Sanctions Committee Note 1.
(4) United Nations Sanctions (Côte d’Ivoire) Regulation 2015
The United Nations Sanctions (Côte d’Ivoire) Regulation 2015 (“the Côte d’Ivoire Regulation”), made under the UNSO, was published in the Gazette (L.N. 168 of 2015) on 17 July 2015 with immediate effect.
The Côte d’Ivoire Regulation implements sanctions against Côte d’Ivoire imposed by the UNSC under Resolution 2219.
We would like to draw LCs’ and AEs’ attention to section 4 of the Côte d’Ivoire Regulation which provides for the prohibition against making available funds or other financial assets or economic resources to relevant persons or entities, or dealing with funds or other financial assets or economic resources of relevant persons or entities, except with a licence.
The aforesaid list in item (1) and regulations in items (2) to (4) can be found on the Government’s website (http://www.gld.gov.hk/egazette/).
LCs and AEs should check the names in the above list against their records, and report any transactions or relationships they have or have had with the named persons or entities to the Joint Financial Intelligence Unit.
Furthermore, LCs and AEs are reminded to refer to Chapter 6 of the Guideline on Anti-Money Laundering and Counter-Terrorist Financing (“AML Guideline”) which contains guidance on the appropriate measures that LCs and AEs should take to ensure compliance with the UNATMO and the regulations made under UNSO Note 2.
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