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Yesterday, the Treasury Department announced that OFAC has taken its second Russian oil price cap enforcement action of 2024, imposing sanctions on four entities and identifying one vessel as blocked property. The network of these entities and the vessel were involved in a price cap violation scheme in late 2023.

OFAC also issued two new determinations that implement G7 commitments to ban the importation of Russian diamonds. First, OFAC issued a determination prohibiting the importation of on non-industrial diamonds mined or extracted in Russia, notwithstanding whether they have been substantially transformed in a third country, effective beginning on March 1, 2024 for certain categories of diamonds, and expanding on September 1, 2024 to include additional categories. Second, OFAC issued a determination prohibiting the importation of diamond jewelry and unsorted diamonds of Russian Federation origin or exported from the Russian Federation, effective March 1, 2024.

For identification information on the designated entities and vessel and links to the Determinations and a related General License, see BankersOnline's February 8, 2024, OFAC Update.

The Treasury Department has reported that OFAC has sanctioned one of Ecuador’s most violent gangs, Los Choneros, and its leader, José Adolfo Macías Villamar (a/k/a “Fito”), pursuant to counter narcotics authorities.

For identification information on Los Choneros and Macías Villamar, see BankersOnline's February 7, 2024, OFAC Update.

FinCEN has filed a notice of proposed rulemaking for publication in the February 16, 2024, Federal Register that would require certain persons involved in real estate closings and settlements to submit reports and keep records on identified non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis.

Transfers made directly to an individual would not be covered by this proposed rule. The proposed rule describes the circumstances in which a Real Estate Report (a streamlined version of a Suspicious Activity Report) must be filed, who must file a Real Estate Report, what information must be provided, and when such a report is due. These reports are expected to assist the U.S. Department of the Treasury; Federal, State, and local law enforcement; and national security agencies in addressing illicit finance vulnerabilities in the U.S. residential real estate sector and to curtail the ability of illicit actors to anonymously launder illicit proceeds through the purchase of residential real property, which threatens U.S. economic and national security.

Under the proposed rule, persons involved in real estate closings and settlements would continue to be exempt from the anti-money laundering compliance program requirements of the Bank Secrecy Act. However, as provided in 31 CFR 1010.205(c), no such exemption applies for a financial institution that is otherwise required to establish an anti-money laundering program.

Comments will be accepted for 60 days following publication (through April 16, 2024).

• FinCEN press release
• Fact Sheet
• Publication update: Published at 89 FR 12424 on 2/16/2024, as scheduled. Comments due by 4/16/2024.

The Treasury Department on Friday announced sanctions against a transnational procurement network supporting Iran's ballistic missile and unmanned aerial vehicle (UAV) programs.

In a separate release, Treasury announced sanctions against actors responsible for malicious cyber activities on critical infrastructure in the U.S. and other countries.

For the names and identification information of the designated individuals and entities, see BankersOnline's February 2, 2024, OFAC Update.

OFAC has announced that the president has signed a new Executive Order, “Imposing Certain Sanctions on Persons Undermining Peace, Security, and Stability in the West Bank.”

Under the authority of the new Executive Order, OFAC added four Israeli nationals to its SDN List, with the new "Middle-East-EO" sanctions program tag. For identification information on those individuals, see BankersOnline's February 1, 2024, OFAC Update.

FinCEN, in an announcement coordinated with OFAC's reporting of a new Executive Order and sanctions program, reported it had issued an Alert related to the financing of Israeli extremist settler violence against Palestinians in the West Bank. The alert provides select red flags to assist U.S. financial institutions in identifying and reporting suspicious activity that finances such violence.

While the alert highlights the potential involvement of certain nonprofit organizations (NPOs) in facilitating payments to fund violence in the West Bank, FinCEN continues to emphasize that legitimate charities should have access to financial services and can transmit funds through legitimate and transparent channels. FinCEN is also reminding financial institutions to apply a risk-based approach to Customer Due Diligence requirements when developing the risk profiles of charities and other non-profit customers. No specific customer types, including charities and NPOs, automatically present a higher risk of illicit activity.

The Alert cited red flag indicators to help detect, prevent, and report potential suspicious activity related to the financing of Israeli extremist settler violence against Palestinians in the West Bank, but advised that "no single red flag is necessarily indicative of illicit or suspicious activity, U.S. financial institutions are encouraged to consider all the surrounding facts and circumstances before determining whether a specific transaction is suspicious or associated with potential Israeli violent extremist groups or campaigns."

FinCEN asked that financial institutions reference the alert in SAR field 2 and the narrative by including the key term "FIN-2024-WBEXTREMISM."

The Office of the Comptroller of the Currency yesterday announced it has assessed a $65 million civil money penalty against City National Bank, of Los Angeles, California, related to systemic deficiencies in the Bank’s risk management and internal controls.

The OCC found that the bank engaged in unsafe or unsound practices, including its failure to establish effective risk management and internal controls. This failure also resulted in noncompliance with 12 CFR Part 30, Appendix D, “OCC Guidelines Establishing Heightened Standards for Certain Large Insured National Banks, Insured Federal Savings Associations, and Insured Federal Branches.” The bank also violated the Bank Secrecy Act (BSA) and 12 CFR Part 9 – Fiduciary Activities of National Banks.

The OCC also issued a consent order requiring the bank to take broad and comprehensive corrective actions to improve its strategic plan, operational risk management, including internal controls; compliance risk management, including BSA/anti-money laundering and fair lending; strategic risk management; and investment management practices.

The NCUA has reported it has issued a consent prohibition notice against Kelly Givens, a former employee of FedStar Federal Credit Union, Salem, Virginia, after determining that she made unauthorized personal purchases using the Credit Union’s corporate credit card and caused the Credit Union to pay the card balances.

A prohibition order bars its recipient from participating in any way in the business of any insured depository institution or federal depository institution regulatory agency or the Federal Housing Finance Agency or any federal home loan bank without prior written consent of both the NCUA Board and the institution's appropriate regulatory agency.

FinCEN has announced it has assessed a $100,000 civil money penalty on Gyanendra Kumar Asre for willful violations of the Bank Secrecy Act (BSA) and its implementing regulations. FinCEN’s action also imposes a five-year ban on Asre’s participation in the conduct of the affairs of any financial institution subject to the BSA.

Asre admitted to willfully violating the BSA. He failed to register his money services business (MSB) with FinCEN and, in his capacity as the BSA Compliance Officer of a credit union, failed to maintain an effective AML program and failed to detect and report suspicious transactions. During Asre’s tenure as BSA Compliance Officer, the credit union’s risk profile drastically increased, including by providing services to Asre’s unregistered MSB. Despite these elevated risks, Asre failed to implement adequate AML controls. As a result, hundreds of millions of dollars in high-risk and suspicious funds—including substantial bulk cash deposits—moved through the credit union without proper monitoring or reporting to FinCEN.

A Justice Department press release reported Asre has pleaded guilty to "failure to maintain an anti-money laundering program in violation of the Bank Secrecy Act as part of a scheme to bring lucrative and high-risk international financial business to a small, unsophisticated credit union." He is scheduled to be sentenced on May 3.

On Wednesday, January 31, 2024, the Department of the Treasury announced three OFAC actions.

• Sanctioning of Iranian IRGC-QF and Hizballah Financial Network: OFAC sanctioned three entities — Mira Ihracat Ithalat Petrol, Yara Offshore SAL, and Hydro Company for Drilling Equipment Rental — and one individual — Ibrahim Talal al-Uwayr — located in Lebanon and Türkiye for providing critical financial support to an Iranian Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) and Hizballah financial network.
• Sanctioning of three entities — Alkhaleej Bank Co Ltd., Zadna International Co for Development Ltd., and Al-Fakher Advanced Works Co. Ltd. — for their role in undermining the peace, security, and stability of Sudan.
• Designation of two entities closely associated with Burma’s military regime — the Shwe Byain Phyu Group of Companies and Myanma Five Star Line Company Limited — and four cronies — Tin Latt Min, Theint Win Htet, Win Paing Kyaw, and Thein Win Zaw,

For identification information on the entities and individuals designated in the three OFAC actions, see BankersOnline's January 31, 2023, OFAC Update.