November 3, 2015: Another Finnish regulatory update

Link:

Finnish regulatory update

 

September 3, 2015: A little cleanup at OFAC

Last Thursday, OFAC removed a small number of listings from the anti-terrorism and ZImbabwe sanctions programs:

REVOLUTIONARY ORGANIZATION 17 NOVEMBER (a.k.a. 17 NOVEMBER; a.k.a. EPANASTATIKI ORGANOSI 17 NOEMVRI) [FTO] [SDGT].
17 NOVEMBER (a.k.a. EPANASTATIKI ORGANOSI 17 NOEMVRI; a.k.a. REVOLUTIONARY ORGANIZATION 17 NOVEMBER) [FTO] [SDGT].
EPANASTATIKI ORGANOSI 17 NOEMVRI (a.k.a. 17 NOVEMBER; a.k.a. REVOLUTIONARY ORGANIZATION 17 NOVEMBER) [FTO] [SDGT].
SHAMUYARIRA, Nathan Marwirakuwa; DOB 29 Sep 1928; Passport AD000468 (Zimbabwe); Politburo Secretary for Information and Publicity (individual) [ZIMBABWE].
SEKERAMAYI, Lovemore; Chief Elections Officer (individual) [ZIMBABWE].
NKOMO, Louise S. (a.k.a. NHEMA, Louise Sehulle), 3 Farthinghill Road, Borrowdale, Harare, Zimbabwe; DOB 25 Aug 1964; Passport ZE151361 (Zimbabwe); Spouse of Francis Nhema (individual) [ZIMBABWE].
NHEMA, Louise Sehulle (a.k.a. NKOMO, Louise S.), 3 Farthinghill Road, Borrowdale, Harare, Zimbabwe; DOB 25 Aug 1964; Passport ZE151361 (Zimbabwe); Spouse of Francis Nhema (individual) [ZIMBABWE].
ORYX NATURAL RESOURCES (a.k.a. ORYX DIAMONDS; a.k.a. ORYX DIAMONDS (PTY) LTD; a.k.a. ORYX DIAMONDS LTD.; a.k.a. ORYX ZIMCON (PVT) LIMITED), S Drive, George Town, Grand Cayman, Cayman Islands; Bank of Nova Scotia Bldg., Fourth Floor, George Town, Grand Cayman, Cayman Islands; 3, Victor Darcy Close, Borrowdale, Harare, Zimbabwe; Parc Nicol Offices, Bldg. 6, 301, William Nicol Drive, Bryanston, Gauteng 2021, South Africa; Alexander Forbes Building, Windhoek, Namibia; Bermuda [ZIMBABWE].
ORYX DIAMONDS (a.k.a. ORYX DIAMONDS (PTY) LTD; a.k.a. ORYX DIAMONDS LTD.; a.k.a. ORYX NATURAL RESOURCES; a.k.a. ORYX ZIMCON (PVT) LIMITED), S Drive, George Town, Grand Cayman, Cayman Islands; Bank of Nova Scotia Bldg., Fourth Floor, George Town, Grand Cayman, Cayman Islands; 3, Victor Darcy Close, Borrowdale, Harare, Zimbabwe; Parc Nicol Offices, Bldg. 6, 301, William Nicol Drive, Bryanston, Gauteng 2021, South Africa; Alexander Forbes Building, Windhoek, Namibia; Bermuda [ZIMBABWE].
ORYX DIAMONDS (PTY) LTD (a.k.a. ORYX DIAMONDS; a.k.a. ORYX DIAMONDS LTD.; a.k.a. ORYX NATURAL RESOURCES; a.k.a. ORYX ZIMCON (PVT) LIMITED), S Drive, George Town, Grand Cayman, Cayman Islands; Bank of Nova Scotia Bldg., Fourth Floor, George Town, Grand Cayman, Cayman Islands; 3, Victor Darcy Close, Borrowdale, Harare, Zimbabwe; Parc Nicol Offices, Bldg. 6, 301, William Nicol Drive, Bryanston, Gauteng 2021, South Africa; Alexander Forbes Building, Windhoek, Namibia; Bermuda [ZIMBABWE].
ORYX DIAMONDS LTD. (a.k.a. ORYX DIAMONDS; a.k.a. ORYX DIAMONDS (PTY) LTD; a.k.a. ORYX NATURAL RESOURCES; a.k.a. ORYX ZIMCON (PVT) LIMITED), S Drive, George Town, Grand Cayman, Cayman Islands; Bank of Nova Scotia Bldg., Fourth Floor, George Town, Grand Cayman, Cayman Islands; 3, Victor Darcy Close, Borrowdale, Harare, Zimbabwe; Parc Nicol Offices, Bldg. 6, 301, William Nicol Drive, Bryanston, Gauteng 2021, South Africa; Alexander Forbes Building, Windhoek, Namibia; Bermuda [ZIMBABWE].
ORYX ZIMCON (PVT) LIMITED (a.k.a. ORYX DIAMONDS; a.k.a. ORYX DIAMONDS (PTY) LTD; a.k.a. ORYX DIAMONDS LTD.; a.k.a. ORYX NATURAL RESOURCES), S Drive, George Town, Grand Cayman, Cayman Islands; Bank of Nova Scotia Bldg., Fourth Floor, George Town, Grand Cayman, Cayman Islands; 3, Victor Darcy Close, Borrowdale, Harare, Zimbabwe; Parc Nicol Offices, Bldg. 6, 301, William Nicol Drive, Bryanston, Gauteng 2021, South Africa; Alexander Forbes Building, Windhoek, Namibia; Bermuda [ZIMBABWE].

Link:

OFAC Notice

 

May 5, 2015: Finland Regulatory Update

Finland released a summary of recent EU regulatory updates on the 5th, as well as a best practices paper for implementing restrictive measures. The links appear below.

 

The Ministry of Foreign Affairs can be reached here.

 

Links:

Regulatory Update

Financial sanctions

The Democratic Republic of the Congo

Ivory Coast

Zimbabwe

Al-Qaeda

Iran

Other terrorist sanctions

Export and import restrictions

Myanmar (Burma)

Travel Restrictions

The Democratic Republic of the Congo

Ivory Coast

Al-Qaeda

Iran

EU Best Practices for the effective implementation of restrictive measures (pdf)

* The release from the Ministry of Foreign Affair links to the Finnish version of all links and documents. I’ve changed all of them to the English equivalents.

 

March 26, 2015: Finnish regulatory updates

Finish regulators issued the following recap of EU decisions and regulatory changes occuring recently:

Financial sanctions

  • Zimbabwe – Decision (CFSP) 2015/277 extends sanctions until February 20, 2016. Changes to the sanctions list, including 5 deletions, were enshrined in Implementing Regulation (EU) 2015/275.
  • Al-Qaeda – Implementing Regulation (EU) 2015/274 and Implementing Regulation (EU) 2015/480 changed the persons, groups and entities whose assets must be frozen and to whom funds and economic resources disclosure is prohibited
  • The Central African Republic – Decision (CFSP) 2015/336 and Implementing Regulation (EU) 2015/324 removed one person from restrictive measures.
  • Somalia – Decision (CFSP) 2015/337 and Implementing Regulation (EU) 2015/325 removed one person from restrictive measures.
  • The situation in Ukraine – Regulation (EU) 2015/357 amended the sanctions list. Regulation (EU) 2015/427 removed one person from sanctions.
  • Syria – Decision (CFSP) 2015/383 and Implementing Regulation (EU) 2015/375 added seven people and six entities to the list of those subject to restrictive measures.
  • Libya – Decision (CFSP) 2015/382 and Council Regulation (EU) 2015/374 expanded the criteria for sanctions designation. Implementing Regulation (EU) 2015/376 removed one person and made changes to others subject to restrictive measures.

Export and import restrictions

  • Somalia – Decision (CFSP) 2015/335 adopted the UN decision giving member states the right to inspect Somali vessels when they are believed to be carrying charcoal, weapons or military equipment in violations of bans and embargoes.

Travel Constraints

  • Zimbabwe – Decision (CFSP) 2015/277 extended travel restrictions until February 2016
  • Al-Qaeda – Implementing Regulation (EU) 2015/274, Implementing Regulation (EU) 2015/480
  • The Central African Republic – Decision (CFSP) 2015/336 removed one person from the list.
  • Somalia – Decision (CFSP) 2015/337 removed one person from the sanctions list.
  • The situation in Ukraine – Decision (CFSP) 2015/432 removed one person from the sanctions.
  • Syria – Decision (CFSP) 2015/383 imposed restrictive measures on an additional seven people and six entities.
  • Libya – Decision (CFSP) 2015/382 and Council Regulation (EU) 2015/374 expanded the criteria for designation. Implementing Regulation (EU) 2015/376 removed one person and change others subject to restrictive measures.

Links:

Decision (CFSP) 2015/277

Implementing Regulation (EU) 2015/275

Implementing Regulation (EU) 2015/274

Implementing Regulation (EU) 2015/480

Decision (CFSP) 2015/336

Implementing Regulation (EU) 2015/324

Decision (CFSP) 2015/337

Implementing Regulation (EU) 2015/325

Regulation (EU) 2015/357

Regulation (EU) 2015/427

Decision (CFSP) 2015/383

Implementing Regulation (EU) 2015/375

Council Decision (CFSP) 2015/382

Council Regulation (EU) 2015/374

Implementing Regulation (EU) 2015/376

Decision (CFSP) 2015/335

Decision (CFSP) 2015/432

July 10, 2014: Finally, Finality in Zimbabwe

On Thursday, OFAC published a Final Rule in the Federal Register which amends the Zimbabwe Sanctions Regulations (31 CFR 541). These amendments make the interim rule from Executive Order 13288 (2003) final, and incorporates changes from E.O. 133391 (2005) and 13469 (2008), as well as one general license.

All well and good, but seriously? Six years since E.O. 13469?

Links:

OFAC Notice

Zimbabwe Sanctions Regulations

 

Sweden Explains It All: EU Zimbabwe sanctions

The history behind the sanctions:

Zimbabwe under President Mugabe's regime has long been marked by an undemocratic political system and serious human rights violations. This led the EU to impose targeted restrictions on Zimbabwe in 2002, as human rights were seriously violated and the government at the time had adopted laws that would restrict freedom of assembly, expression and association. The EU has repeatedly had reason to point out that the measures against Zimbabwe comprise precisely targeted restrictions and not broad sanctions. Since then, the restrictive measures include an arms embargo and individual restrictions for selected persons in the country's leadership and those associated with them. Certain companies are also included. The UN, however, has not decided on any measures against Zimbabwe. An attempt was made by the UN Security Council to introduce restrictions following the unsuccessful presidential elections in 2008, but this was vetoed.

A parliamentary and presidential election was held in 2008, but was followed by widespread political violence directed at supporters of MDC, the opposition party at that time. The leader of the opposition, Morgan Tsvangirai, withdrew from the presidential election. Since the Southern African Development Community (SADC) instructed South Africa to facilitate a solution to the acute political crisis resulting from the election, an agreement between the parties for power-sharing and democratic reforms, the Global Political Agreement (GPA), was reached in September 2008. A coalition government, with Robert Mugabe (ZANU-PF) as President and Morgan Tsvangirai (MDC-T) as Prime Minister, has been in place since February 2009. The situation in the country has stabilised somewhat since the coalition government took over, and progress has particularly been noted in the economy and the social situation. However, implementation of democratic reforms and increased respect for human rights via the GPA has progressed slowly. In recent years the EU's restrictive measures have been conditional on seeing more progress in implementing the GPA.

What the sanctions are:

1. Arms embargo, etc.

The arms embargo covers the sale, export and supply of arms, ammunition, military vehicles and equipment to Zimbabwe, as well as any associated financial and technical assistance. Exemptions may be granted for equipment that is to be used for humanitarian or protective purposes by the UN or the EU. There is also a prohibition on the export of equipment that might be used for internal repression, as well as any associated financial and technical assistance.

2. Travel restrictions

The travel restrictions involve a prohibition on entry and transit for individuals involved in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe. The persons covered by the travel restrictions are included in a list, which is updated continuously. The list mainly includes people linked to President Mugabe and ZANU-PF. Exemptions may be made on urgent humanitarian grounds or, in special exceptional circumstances, for participation in intergovernmental meetings in which dialogue directly promoting human rights and democracy is conducted. A special procedure applies to these exemptions.

3. Freezing of assets

The restrictions mean that assets and economic resources belonging to certain identified individuals in the regime in Zimbabwe or linked to it are to be frozen. The restrictions also apply to entities controlled by these individuals, such as companies. It is also prohibited for others to place assets and other resources at their disposal. Exemptions may be granted for funds necessary to cover basic living costs and for expenditure to cover legal costs. The persons covered by the freezing of assets are included on a list which has subsequently been amended. The group is described as members of Zimbabwe's government and persons and entities linked to it. The list includes the same natural persons as the list of those covered by the travel restrictions, with the addition of certain companies.

And the EU decisions relevant to the sanctions:

Decisions of the Council of the European Union (previously known as common positions) are binding for Sweden under international law. To the extent these fall under national competence, they are implemented via Swedish legislation, for example in military equipment legislation for the arms embargo. Implementation of those measures falling under EU competence are further regulated under EU law regulations from the Council. These apply directly in Sweden.

Since February 2011, the EU's restrictive measures against Zimbabwe have been regulated by Council Decision 2011/101/CFSP. The Council Decision includes previous common positions and amendments consolidated in a single legal act. The annex to the decision indicates which persons are covered by the individual restrictions. The decision applies until 20 February 2013 following a renewal of restrictions through Council Decision 2012/97/CFSP. The list was updated at the most recent renewal, including the removal of 51 names and 20 companies. Besides two deceased persons, the update involved the removal of persons no longer considered relevant to fulfil the criteria for which the measures were introduced and individuals for whom current information did not justify a listing. At the same time, travel restrictions were suspended for the two ZANU-PF members of the Zimbabwean Ministerial Re-engagement Team to facilitate dialogue with the international community.

The parts of the measures pertaining to EU law, including prohibitions against technical and financial assistance in connection with the arms embargo, prohibition concerning equipment that may be used for internal repression and the freezing of assets, are regulated in Council Regulation 314/2004, most recently updated through Council Regulation 151/2012.

Link:

Sweden EU Zimbabwe sanctions page

 

A little color from Treasury on Zimbabwe

It's always nice to hear the stories behind the listings. Here's Treasury's press release on the 4 newbies on the Zimbabwe sanctions list:

Treasury Sanctions Persons for Role in Undermining Zimbabwean Democracy

4/17/2014

Targeted Sanctions Support Democratic Aspirations of the People of Zimbabwe and Zimbabwean Anti-Corruption Efforts

WASHINGTON – The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) today designated a Zimbabwean government official, an Angolan businessman, a Singaporean attorney, and a Zimbabwe-based entity pursuant to Executive Order (E.O.) 13469 for their role in undermining Zimbabwe’s democratic processes and institutions or facilitating public corruption through support to the Government of Zimbabwe, senior government officials, and/or Specially Designated Nationals (SDNs).

“Today’s action targets those who are disrupting Zimbabwe’s democratic and economic progress,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. “These designations underscore the United States’ commitment to helping the people of Zimbabwe restore the peaceful, democratic, prosperous country they rightly deserve, and we will continue to expose anyone whose actions undercut this priority.”

Today’s designation includes Tobaiwa Mudede, a senior official of the Government of Zimbabwe who, as Registrar General, oversaw critical elements of Zimbabwe’s flawed July 2013 presidential and parliamentary elections.

OFAC also sanctioned Sam Pa, an Angolan businessman and a well-known supporter of the Mugabe regime. Sam Pa is being designated for undermining democratic processes and institutions in Zimbabwe, facilitating public corruption by Zimbabwean senior officials through illicit diamond deals, and providing financial and logistical support to the Government of Zimbabwe and SDNs. Among other actions, Sam Pa has given more than one million dollars, as well as supplies and equipment, to senior Zimbabwean government officials in support of the Central Intelligence Organization (CIO). The CIO, in its capacity as Zimbabwe’s state intelligence service, is linked with activities meant to undermine democracy. The CIO credits Sam Pa’s financial support with helping the organization survive in a harsh economic climate. This off-budget financing has contributed to CIO programs dedicated to pre-election intimidation in Zimbabwe, among other activities.

Jimmy Zerenie, a Singaporean attorney based in Zimbabwe, is a business associate of Sam Pa and acted on his behalf by facilitating illicit diamond deals between Sam Pa and senior Zimbabwean officials. Zerenie is also a director of Sino Zim Development (Pvt) Ltd, a Zimbabwe-based entity designated today for being owned or controlled by both Zerenie as well as a senior official of the Government of Zimbabwe.

As a result of Treasury’s actions, any assets of the individuals or entity designated today that are within U.S. jurisdiction must be frozen. Additionally, transactions by U.S. persons or with the United States involving these individuals and entity are generally prohibited.

Identifying Information

Name: Tobaiwa Mudede

AKA: Tonneth

DOB: 22 Dec 1942

Title: Registrar General

Name: Sam Pa

AKA: Samo Hui

AKA: Xu Jinghua

AKA: Sam King

AKA: Tsui Kyung-wha

AKA: Ghiu Ka Leung

AKA: Antonio Famtosonghiu Sampo Menezes

DOB: 28 Feb 1958

Citizenship: Angola

Nationality: Chinese

Alt. Nationality: United Kingdom

Passport: C234897(0) (United Kingdom)

Name: Jimmy Zerenie

Passport: E0840452D (Singapore)

Title: Director of Sino Zim Development (Pvt) Ltd

Title: Director of Sino Zim Diamond Ltd

Profession: Attorney

Advocate and Solicitor Admission Number (Registrar of the Singapore Board of Legal Education): AAS 264/2005

Name: Sino Zim Development (Pvt) Ltd

AKA: Sino Zimbabwe Holdings (Pvt) Ltd

AKA: Sino Zimbabwe Cotton Holdings

Address: 3rd Floor, Livingstone House, 48 Samora Machel Avenue, Harare, Zimbabwe

Alt. Address: PO Box 7520, Harare, Zimbabwe

Telephone: (04) 710043

Link:

Treasury Press Release