ML/CFT Sanctions: International and Domestic sanctions
Financial Action Task Force: Anti-Money Laundering Sanctions
Paris, 7 July 2020 – The FATF has completed a review of the implementation of its revised Standards on virtual assets and virtual asset service providers, 12 months after the FATF finalized these amendments. The June 2019 revisions to the FATF Standards clearly placed anti-money laundering and counter-terrorism financing (AML/CFT) requirements on virtual assets and virtual asset service providers (VASPs). The FATF also agreed to undertake a 12-month review by June 2020 to measure how jurisdictions and the private sector have implemented the revised Standards, as well as monitoring for any changes in the typologies, risks and the market structure of the virtual assets sector.
This report sets out the findings of the review. The report reviews the implementation of the revised Standards and sets out:
- how money laundering and terrorism financing risks and the virtual asset market have changed since June 2019 (Section 1)
- jurisdictions’ progress in implementing the revised Standards (Section 2)
- the private sector’s progress in implementing the revised Standards, including the development of technical solutions for the implementation of the travel rule (Section 3)
- issues identified with the revised FATF Standards and Guidance (Section 4) and
- FATF’s next steps regarding virtual assets (Section 5).
Specially Designated Nationals and Blocked Persons List (SDN) Human Readable Lists
As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals" or "SDNs." Their assets are blocked and U.S. persons are generally prohibited from dealing with them.
United Nations Security Council (UNSC) 1267 Sanctions List
United Nations Security Council Resolutions (UNSCR) 1267 and its successor resolutions require countries to immediately freeze funds, financial assets or economic resources of individuals and entities who are designated by the United Nations Security Council based on such person’s / entity’s connections with terrorism and terrorist financing. Further, countries should ensure that no funds, financial assets or economic resources are made available to or for the benefit of such designated persons or entities or their beneficiaries. Accordingly, financial institutions are obliged to have measures in place to identify and freeze funds, financial assets or economic resources of such designated persons and entities immediately. Freezing is effective as and when the United Nations Security Council announces the names of such designated persons and entities and such freezing shall be in force until such time the person or entity is delisted from the designated list. The Prevention of Terrorism Regulations mandates the Counter Financing of Terrorism Inter-Ministerial Committee with circulation of the UNSC 1267 sanctions list. The Committee has in turn mandated the Financial Reporting Centre to circulate the list to Supervisory Bodies as defined in POCAMLA Act, National Security Organs, Law Enforcement Agencies, and other relevant institutions. Press releases on updates to the list by the UNSC ISIL (Da'esh) & Al-Qaida Sanctions Committee and the full list in various formats can be found at the links below:
United Nations Security Council Resolutions (UNSCR) 1373 Sanctions List
United Nations Security Council Resolutions (UNSCR) 1373 and its successor resolutions refer to designating individuals and entities related to terrorism and terrorist financing at the national level. Accordingly, Institutions are obliged to have measures in place to identify and freeze funds, financial assets or economic resources of such designated persons and entities upon order by the Competent Authority.
Uganda ML/CFT sanctions
The AML/CFT sanctions regime consists of both criminal and administrative sanctions. Section 136 of AMLA, 2013 (as amended) provides for the penalties for Money Laundering offences committed. It prescribes for both natural and legal persons. Section 21(pa) gives powers to the Financial Intelligence Authority to impose administrative sanctions on an accountable person who fails to comply with directives, guidelines or requests issued by the Authority. The administrative sanctions regime will be effective after being issued by the Ministry of Finance, Planning and Economic Development.