OFAC: “Treasury Designates Additional Supporters of the Al-Nusrah Front and Al-Qaida”

August 25, 2014

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on August 22, 2014 released the following:

Action Implements U.N. Security Council Resolution 2170

WASHINGTON — On August 15, 2014, the United Nations Security Council adopted Resolution 2170, which targeted the Islamic State of Iraq and the Levant (ISIL, formerly known as al-Qaida in Iraq) and the Syria-based, al-Qaida-linked terrorist organization Al Nusrah Front (ANF), and sanctioned additional terrorists supporting those groups. In support of the U.N.’s action, the U.S. Department of the Treasury today imposed sanctions on two key financiers of ANF and al-Qaida, both of whom also have been included in the Annex to UNSCR 2170.

Abdul Mohsen Abdullah Ibrahim al-Sharikh and Hamid Hamad Hamid Al-‘Ali have been designated as Specially Designated Global Terrorists (SDGT) pursuant to Executive Order (E.O.) 13224. Al-Sharikh has been designated for acting for or on behalf of ANF and al-Qaida, and Al-‘Ali has been designated for providing financial support to ANF and al-Qaida. Today’s action, following on the heels of the August 6 designation of three key terrorist financiers of ISIL and ANF, continues to target the terrorist funding networks in the Arabian Peninsula.

With UNSCR 2170, the international community has also sanctioned Hajjaj Fahd Hajjaj Muhammad Shabib al-‘Ajmi, who is one of the three financiers Treasury designated as an SDGT on August 6, and Said Arif and Abu Mohammed al-Adnan, who were designated by the State Department earlier this week pursuant to E.O. 13224.

“We are determined to stem the flow of funds to terrorists in Syria and Iraq who continue to commit violent acts and threaten U.S and allied interests in the region. UNSCR 2170 is an important tool in this effort, and we will continue to work with the United Nations to identify candidates for sanctions under this resolution,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. “All nations should swiftly implement UNSCR 2170.”

Abdul Mohsen Abdullah Ibrahim al-Sharikh

Al-Sharikh is a senior ANF leader and al-Qaida facilitator based in Syria. He moved to Syria in the spring of 2013 with other al-Qaida fighters and joined ANF, later becoming one of its top strategists. In this role, al-Sharikh has used social media posts to demonstrate his aspiration to target Americans and U.S. interests. He is included on Saudi Arabia’s list of most wanted terrorists.

Prior to his work in Syria with ANF, al-Sharikh served in early 2013 as chief of al-Qaida’s Iran-based extremist and financial facilitation network before the return of already designated al-Qaida facilitator Yasin al-Suri to the position. Al-Sharikh has also previously served al-Qaida as a key financial facilitator in Pakistan.

Hamid Hamad Hamid Al-‘Ali

Al-‘Ali has raised tens of thousands of dollars to help ANF purchase weapons and supplies as well as directed donors in Kuwait to send financial and material support to the terrorist organization. Al-‘A1i has traveled to Syria to deliver funds to ANF and used students in Kuwait to courier funds to the group. Al-‘Ali has also facilitated the travel to Syria of individuals wishing to fight for ANF and provided these individuals with money to deliver to the terrorist organization. Al-‘A1i has referred to himself as an “al-Qaida commando” and has raised money for ANF and al-Qaida.

As a result of today’s designation, any assets these individuals may have under U.S. jurisdiction are frozen, and U.S. persons are generally prohibited from doing business with them. Under the U.N. resolution, al-‘Ali and al-Sharikh have also been added to the al-Qaida sanctions list and are subject to the associated international sanctions and travel ban.

Identifying Information

Name: Abdul Mohsen Abdullah Ibrahim al-Sharikh

AKA: Abdul Mohsen Abdallah Ibrahim al Charekh

AKA: Abdul Mohsen Abdullah Ibrahim Alsharekh

AKA: Abd-al-Muhsin Abdallah al-Sharikh

AKA: Abd-al-Latif al-Najdi

AKA: Sanafi al-Nasr

AKA: Ali Karimi

Nationality: Saudi Arabia

Civil Identification Number: 1050433349

Passport: G895402

POB: Shagraa, Saudi Arabia

DOB: July 12, 1985

DOB: July 13, 1985

DOB: December 7, 1985

Name: Hamid Hamad Hamid Al-‘Ali

AKA: Hamid Hamad al-‘Ali

AKA: Hamad Hamid al-‘Ali

AKA: Abu Sultan

POB: Qatar

DOB: 17 November 1960

Nationality: Kuwait

Passport: Kuwait 001714467

Alternate Passport: 101505554

Phone: 96597665333”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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OFAC: “Treasury Department Sanctions a Taliban Funding Conduit and Two Key Taliban Figures”

August 25, 2014

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on August 21, 2014 released the following:

Action Targets a Pakistan-based Hawala, Hawaladar and one Taliban Commander

WASHINGTON – The U.S. Department of the Treasury today targeted the financial and leadership networks of the Taliban by designating one entity and two individuals as Specially Designated Global Terrorists (SDGTs) pursuant to Executive Order (E.O.) 13224. The Pakistan-based hawala, Haji Basir and Zarjmil Company (Basir Zarjmil Hawala), and, its owner, Haji Abdul Basir, are being designated for providing financial services or other support to the Taliban. In addition, Taliban commander Qari Rahmat is being designated for acting for or on behalf of the Taliban.

“The Taliban continues to conduct terrorist attacks against U.S. forces and innocent civilians, posing a direct threat to U.S. national security interests,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. “Designating and isolating individuals who are directly involved in financing and supporting Taliban attacks remains a key Treasury Department objective. We will continue to work to deprive terrorists of the funds necessary to sustain and perpetrate terrorist operations.”

The Basir Zarjmil Hawala, which is based in Chaman, Balochistan Province, Pakistan, distributes money to Taliban members in Afghanistan. Taliban senior leaders in Quetta, Balochistan Province, Pakistan, and Chaman have preferred to transfer money to Taliban commanders through the Basir Zarjmil Hawala and the Haji Khairullah Haji Sattar hawala, which the Treasury Department and the United Nations sanctioned in June 2012. In 2013, the Basir Zarjmil Hawala distributed thousands of dollars to Taliban commanders in Chaman, and in 2012 it conducted thousands of dollars in transactions related to weapons and other operational expenses for the Taliban. The Basir Zarjmil Hawala has also made use of Pakistani banks to provide money to Taliban members.

Haji Abdul Basir owns and operates the Basir Zarjmil Hawala. He had authority to distribute money to the Taliban and, over the last several years, Basir distributed thousands of dollars through his hawala to Taliban members in Chaman, Balochistan Province, Pakistan, and in Qandahar Province, Afghanistan. Basir also transferred money to Taliban elders, and facilitated the travel of Taliban informants to Afghanistan. As of 2012, Basir was considered to be the principal money exchanger for Taliban senior leadership in Pakistan. In 2010, Basir solicited donations for the Taliban from Pakistani and Afghan expatriates living in Asia and the Middle East.

Qari Rahmat has been a Taliban commander since at least February 2010. In early 2013, Rahmat served as a Taliban commander in the Shadaal Bazaar area of Achin District, Nangarhar Province, Afghanistan. Rahmat directed the activities of approximately 300 Taliban operatives in Achin District and provided operational guidance and weapons to these operatives. In late 2012, Rahmat was a Taliban commander who had recently led an attack on Afghan forces in Kot District, Nangarhar Province, Afghanistan. As of mid-2012, Rahmat served under the Taliban shadow district chief for Achin District, Nangarhar Province, Afghanistan. During this time, Rahmat was a Taliban facilitator who emplaced improvised explosive devices and conducted attacks against Coalition and Afghan forces.

Rahmat also collects taxes and bribes on behalf of the Taliban. As of early 2013, Rahmat collected taxes from Shadaal Bazaar, Achin District, Nangarhar Province-based drug traffickers on behalf of the Taliban.

Rahmat has also provided lethal aid, housing, and guidance to Taliban fighters. As of late 2012, Rahmat provided rocket propelled grenades, PKM light machine guns, and AK-47 assault rifles to the Taliban. Rahmat also sheltered Taliban fighters at his guest house and provided tactical guidance to Taliban fighters during this period. As of late 2011, Rahmat had a guest house in Achin District where Taliban members often stayed.

In addition to his operational and financial activities, Rahmat provides intelligence information to the Taliban. As of early 2013, Rahmat provided his Taliban superiors with information on the activities of Afghan government officials and Afghan security forces in Achin District. As of mid-2012, Rahmat gathered intelligence for the Taliban and investigated informants for its benefit.

As a result of today’s action, all property and interests in the United States or in the possession or control of U.S. persons in which these individuals and entity have an interest are blocked, and U.S. persons are prohibited from engaging in transactions with them.

Identifying Information

Name: Haji Basir and Zarjmil Company Hawala

AKA: Haji Bashir and Zarjmil Hawala Company

AKA: Haji Abdul Basir and Zar Jameel Hawala

AKA: Haji Basir Hawala

AKA: Haji Baseer Hawala

AKA: Haji Abdul Basir Exchange Shop

AKA: Haji Basir and Zarjamil Currency Exchange

AKA: Haji Zar Jamil, Haji Abdul Baseer Money Changer

Main Office Location: Sanatan (variant Sanatin) Bazaar, Sanatan Bazaar Street, near Trench (variant Tranch) Road, Chaman, Balochistan Province, Pakistan

Branch Office Location: Quetta, Pakistan

Branch Office Location: Lahore, Pakistan

Branch Office Location: Peshawar, Pakistan

Branch Office Location: Karachi, Pakistan

Branch Office Location: Islamabad, Pakistan

Branch Office Location: Qandahar Province, Afghanistan

Branch Office Location: Herat Province, Afghanistan

Branch Office Location: Helmand Province, Afghanistan

Branch Office Location: Dubai, United Arab Emirates

Branch Office Location: Iran

Name: Haji Abdul Basir

AKA: Haji ‘Abd Al-Basir

AKA: Haji Basir Noorzai

AKA: Abdul Baseer

AKA: Abdal Basir

DOB: 1965

Alt. DOB: 1963

Alt. DOB: 1960

POB: Balochistan Province, Pakistan

National ID Number: 5420124679187 (Pakistan)

Passport Number: AA3829182 (Pakistan)

Nationality: Afghan

Address: Chaman, Pakistan

Name: Qari Rahmat

AKA: Kari Rahmat

DOB: 1981

Alt. DOB: 1982

POB: Shadal (variant Shadaal) Bazaar, Achin District, Nangarhar Province, Afghanistan

Address: Kamkai Village, Achin District, Nangarhar Province, Afghanistan

Alt. address: Nangarhar Province, Afghanistan”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

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————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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OFAC: “Treasury Targets Honduran Drug Trafficking Organization and Its Network”

August 25, 2014

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on August 20, 2014 released the following:

Los Valles Organization Targeted for OFAC Sanctions

WASHINGTON – The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced the designation of the Los Valles drug trafficking organization in Honduras and Honduran national Miguel Arnulfo Valle Valle as significant foreign narcotics traffickers pursuant to the Kingpin Act. Today’s action also targets Luis Alonso and Jose Reynerio Valle Valle, who materially assist and act for and on behalf of their brother Miguel Arnulfo Valle Valle and the Los Valles drug trafficking organization. Treasury also sanctioned four Honduran businesses tied to the Valle Valle brothers. Today’s action prohibits U.S. persons from conducting financial or commercial transactions with these designees, and also freezes any assets they may have under U.S. jurisdiction.

The Los Valles drug trafficking organization is one of the most prolific Central American narcotics trafficking organizations. The group, led by Miguel Arnulfo Valle Valle, is responsible for the distribution of tens of thousands of kilograms of cocaine per month directly into the United States. The Los Valles organization employs a combination of brutal violence and public corruption in order to keep a stronghold on their base of operations in Copan, Honduras. Miguel Arnulfo Valle Valle, Luis Alonso Valle Valle, and Jose Reynerio Valle Valle operate their criminal organization as a close-knit family business and launder their narcotics proceeds via a network of companies, including three coffee production companies in Honduras, Inversiones Yosary, Inversiones Luisito, and Inversiones Valle. They also own a cattle and milk production business named Finca Los Tres Reyes. All four of these Honduran businesses were designated today by Treasury.

Earlier this week on August 17, Honduran authorities embarked on an asset seizure operation against more than 40 properties belonging to the Los Valles drug trafficking organization. This operation comes on the heels of the July 2014 arrest in the United States of Digna Valle Valle, the sister of the Valle Valle brothers, on U.S. federal drug charges.

“Today’s designation, coupled with the actions taken by the Honduran government early this week, is another example of our continued coordinated effort to dismantle this illicit organization,” said OFAC Director Adam J. Szubin. “OFAC stands with the Honduran authorities to combat the drug trafficking threat and protect the U.S. financial system from their illicit proceeds.”

Today’s action would not have been possible without the support of the Drug Enforcement Administration and Federal Bureau of Investigation. U.S. Customs and Border Protection Joint Field Command-Arizona and the U.S. Department of State’s Bureau of Diplomatic Security also provided support for this designation.

Since June 2000 more than 1600 individuals and entities have been named pursuant to the Kingpin Act for their role in international narcotics trafficking. Penalties for violations of the Kingpin Act range from civil penalties of up to $1.075 million per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines of up to $5 million. Criminal fines for corporations may reach $10 million. Other individuals face up to 10 years in prison and fines for criminal violation of the Kingpin Act pursuant to Title 18 of the United States Code.

View a chart of the Los Valles network.”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

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————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“OFAC Issues New Guidance Regarding Entities Owned by one or More Designated Parties”

August 19, 2014

The National Law Review on August 18, 2014 released the following:

“On August 13, 2014, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued new guidance advising that it has changed its policy governing whether entities that are owned by individuals or entities designated under Executive Orders and regulations administered by OFAC, but are not themselves designated, are also subject to U.S. sanctions.

Pursuant to this new guidance, any entity that is owned 50 percent or more in the aggregate, directly or indirectly, by one or more parties on OFAC’s Specially Designated Nationals and Blocked Persons List (“SDN List”) is subject to blocking.1 This is a significant departure from prior OFAC guidance that it was not necessary to aggregate the ownership interests of separate SDN-Listed parties to determine whether a non-listed entity was considered to be blocked.

The new “50 Percent Rule” provides that, effective immediately, the property and interests in property of any entity owned 50 percent or more in the aggregate, directly or indirectly, by persons designated on the SDN List that are, or come into, the United States or the possession of control of a U.S. person are blocked and cannot be dealt in absent licensing or other authorization from OFAC. This means that U.S. persons are effectively prohibited from engaging in any dealings with any entity directly or indirectly owned 50 percent or more in the aggregate by one or more blocked parties regardless of whether such entity is itself designated on the SDN List.

In Frequently Asked Questions (“FAQs”) that OFAC issued on August 14 clarifying the scope of the new 50 Percent Rule, OFAC has provided that this new aggregation test also applies in determining whether entities that are not on the Russian Sectoral Sanctions Identifications (“SSI”) List are subject to the sanctions that apply to the SSI-Listed Russian banks and oil companies. Entities on the SSI List, and entities owned 50 percent or more in the aggregate by such SSI-Listed entities, are not subject to comprehensive blocking measures. Rather, they are subject to a more limited set of restrictions related to new debt with a maturity of longer than 90 days and, in the case of the SSI- Listed banks, new equity, in either case issued by, on behalf of, or for such an entity. For more information on the full scope of SSI List restrictions, please see our prior E-Alert dated July 30, 2014.

THE SCOPE OF THE 50 PERCENT RULE

OFAC’s FAQs offer the following additional guidance concerning the application of the new 50Percent Rule:

1 Certain OFAC sanctions programs are broader and also target entities that are controlled by sanctioned parties. For example, the Iranian Transactions and Sanctions Regulations apply to entities that are owned or controlled by the government of Iran. See 31 C.F.R. §§ 560.304 and 560.313. The 50 Percent Rule’s focus on ownership does not limit the broader scope of these sanctions programs.

The 50 Percent Rule applies only to ownership interests, not control. According to OFAC, “[a]n entity that is controlled (but not owned 50 percent or more) by one or more blocked persons is not considered automatically blocked” pursuant to the 50 Percent Rule. Nonetheless, companies should proceed with caution when considering a transaction with an entity that one or more blocked parties may control because OFAC could add that entity to the SDN List at some point in the future.

Consistent with prior guidance that OFAC has issued, companies should be careful not to negotiate, enter into contracts, or process transactions that involve a blocked person when the blocked person is acting on behalf of a non-blocked entity. OFAC sanctions “prohibit transactions involving, directly or indirectly, a blocked person…even if the blocked person is acting on behalf of a non-blocked entity.” This includes, for example, situations in which a blocked person signs a contract on behalf of a non-blocked entity.

Indirect ownership refers to “ownership of shares of an entity through another entity or entities that are 50 percent or more owned in the aggregate by the blocked person(s).” This means that if Blocked Person X owns 50 percent of Entity A, and Entity A owns 50 percent of Entity B, then both Entity A and B are blocked — Entity A because it is directly owned 50 percent by Blocked Person X and Entity B because it is owned 50 percent by blocked Entity A. Similarly, if Blocked Person X owns 50 percent of Entity A and 10 percent of Entity B, and Entity A also owns 40 percent of Entity B, then Entity B is considered as blocked based on the aggregate 50 percent ownership of Entity B by two blocked parties.

By contrast, indirect ownership does not apply at all where a blocked party owns less than a 50 percent interest in the intermediate entity. Thus, if Blocked Person X owns only 25 percent of Entity A and 25 percent of Entity B, no matter how large an interest Entities A and B hold in Entity C, Entity C will not be considered blocked. This is because Blocked Person X’s 25 percent ownership of each of Entity A and Entity B falls short of 50 percent. Accordingly, neither Entity A nor Entity B is blocked and, for purposes of the 50 Percent Rule, Blocked Person X is not considered to indirectly own any of Entity C as a result of its minority ownership of Entities A or B.

While all of the OFAC examples in the FAQs address circumstances involving a single Blocked Person, the guidance would apply more broadly. For example, if Blocked Person X owns 50 percent of Entity A, and Entity A owns 25 percent of Entity B, and Blocked Person Y owns 50 percent of Entity C, which also owns 25 percent of Entity B, then the combination of the indirect ownership and 50 Percent Rule requirements may make Entity B a blocked person. While the FAQs do not address this situation, we believe OFAC would consider Entity B to be a blocked person since Entities A and C would each be considered blocked entities because of their 50 percent ownership by blocked persons, and in the aggregate they own 50 percent of Entity B.

Companies likely will need to undertake significant additional due diligence in order to collect the information about direct and indirect ownership interests that is necessary to make these complex calculations and to aggregate ownership information across multiple levels of a corporate structure. Indeed, OFAC urges companies considering a transaction to conduct “appropriate due diligence” on the involved entities in order to determine relevant ownership stakes.

Under certain limited circumstances, it may be possible for one or more blocked persons to divest their ownership stake in an entity in order to ensure that the combined ownership by blocked persons in the entity is less than 50 percent. However, these actions must be undertaken entirely outside of U.S. jurisdiction and without the involvement of any U.S. persons. Companies also should be careful to avoid “sham transactions” by conducting sufficient due diligence to be confident that any purported divestment actually occurred before they enter into any dealings with entities that were previously owned 50 percent or more by one or more designated parties.

If the aggregate ownership of blocked parties in an entity falls below 50 percent due to the actions of one or more of the blocked parties, including the entity itself, any property or interests in property that were previously in the United States or the possession or control of a U.S. person remain blocked and cannot be dealt in absent licensing or other authorization from OFAC. This is because OFAC does not recognize the unlicensed transfer of blocked property in the United States or in the possession or control of a U.S. person. This position imposes an additional layer of due diligence as it suggests that U.S. persons may need to conduct a retrospective analysis of the property of entities that they learn are minority owned by a blocked party in order to ensure that the entity was not previously owned 50 percent or more in the aggregate by blocked parties.”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

OFAC Litigation – SDN List Removal

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————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Hotel owned by blacklisted businessman was only option, embassy says”

August 14, 2014

The Myanmar Times on August 14, 2014 released the following:

“By Tim McLaughlin

The United States Embassy in Yangon said that it failed to recognise early enough that a hotel it was assigned by the Ministry of Foreign Affairs was owned and constructed by a blacklisted businessman, leaving no option but to use the venue to host Secretary of State John Kerry last weekend.

The Myanmar Times reported on August 10 that Mr Kerry stayed at the Lake Garden Hotel Nay Pyi Taw owned by sanctioned tycoon U Zaw Zaw and constructed by U Zaw Zaw’s company Max Myanmar, which also appears on the US sanctions list.

The spokesperson said that the US delegation was assigned the hotel by the Ministry of Foreign Affairs and asked for the hotel to be changed when they became aware of the issue, but other accommodation could not be arranged.

“We recognised late the owner of the hotel assigned to us was on the list, but less problematic alternative hotels that also met our safety and security standards were not available,” the spokesperson told The Myanmar Times on August 13.

Mr Kerry, who was in Myanmar to for a round of ASEAN meetings, did not violate any US sanctions with his stay. The International Emergency Economic Powers Act, which details regulations for dealing with SDN Listed individuals and entities includes, “an exemption for activities related to travel, including hotel accommodations. This applies to the U.S. delegation’s use of the Lake Garden Hotel,” the spokesperson said.

During his visit, Mr Kerry touted the significance of what remains of his country’s sanctions regime against Myanmar on August 10, describing it as a sign that Washington is keen to avoid rushing its engagement with Nay Pyi Taw.

“Sanctions now are very much focused on members of the junta and on key individuals who may still be representing a challenge to achieving some of these [Myanmar's] goals,” he told members of the media while speaking at the Lake Garden.

Marie Harf, deputy spokesperson at the State Department, was insistent that hotel stay did not send mixed messages about US sanctions against Myanmar when questioned by reporters in Washington.

The US has eased most of its sanctions against Myanmar in response to reforms undertaken by President U Thein Sein, but still maintains targeted sanctions against some individuals and companies as piece of its “calibrated” reengagement that has hinged in part on a commitment to responsible investment in Myanmar.

Most companies and persons that appear on the SDN list are alleged to have profited from close relationships with the previous military junta. Entities and individuals that are SDN listed are barred from engaging in business with US companies and their assets are frozen in the US. A number of Myanmar’s largest and best-known firms are on the list.

US Assistant Secretary of State for Democracy, Human Rights and Labor Tom Malinowski, met with individuals who are on the SDN list during his visit to Myanmar in June. He said that many appeared “very eager” to take steps to have themselves and their companies removed from the list.

Mr Malinowski, who did not reveal which SDN-listed individuals he met during his trip, said the legal process for getting removed from the list includes demonstrating responsible business practices and showing that an individual or entity has cut ties with the military

The Lake Garden property where Mr Kerry and his delegation stayed is managed by French hotel chain Accor under its MGallery brand. Both U Zaw Zaw and his Max Myanmg group of companies were added to the Special Designated Nationals (SDN) list in 2009, according to the Treasury Department’s website.

Max Myanmar and Accor signed a contract to develop three properties in Myanmar, including the Lake Garden, in 2013. Two other properties connected to U Zaw Zaw – the Max Hotel at Chaungtha Beach and the Royal Kumudra Hotel in Nay Pyi Taw – are on the SDN list.

According to the Lake Garden website, the luxury property has 165 rooms and suites and boasts a cigar lounge and wine cellar. Rooms were advertised as starting at US$115 a night. It was unclear how many rooms the American delegation was occupying. Other US officials in Nay Pyi Taw for the regional meeting stayed at a separate hotel.”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

OFAC Litigation – SDN List Removal

OFAC SDN List Removal

OFAC SDN Removal Attorneys

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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OFAC: “Treasury Sanctions Members of a Chinese Synthetic Drug Trafficking Organization”

July 29, 2014

The U.S. Treasury Department’s Office of Foreign Assets Control on July 29, 2014 released the following:

Sanctions Target Manufacturer, Owner, and Associates Responsible for Shipping Thousands of Kilograms of Synthetic Drugs and Controlled Substances Worldwide

WASHINGTON – The U.S. Department of the Treasury today designated members of a synthetic drug trafficking organization led by Chinese national Zhang Lei (a.k.a. Eric Chang) under the Foreign Narcotics Kingpin Designation Act (Kingpin Act). Through his company, CEC Limited, Zhang manufactures and sells substances over the internet to consumers internationally, including bath salts (mephedrone), other synthetic psychoactive substances, and chemicals that can be combined with other substances to create synthetic psychoactive substances (precursors). In addition to designating Zhang, the Treasury Department also designated today CEC Limited and three other individuals who work for the company and Zhang. As a result of today’s action, all assets of those designated today that are based in the United States or are in control of U.S. persons are frozen, and U.S. persons are generally prohibited from engaging in transactions with them.

“Global synthetic drug suppliers like Zhang Lei have fueled an epidemic of hospitalizations, paralysis, and deaths, especially among young adults,” said Adam J. Szubin, Director of the Office of Foreign Assets Control. “We intend to disrupt these networks’ operations and deny them the ability to conduct international trade.”

For over a decade, Zhang has shipped thousands of kilograms of synthetic drugs and controlled substances, including mephedrone, into the United States and other countries – including Australia, Austria, France, Germany, the Netherlands, and Italy. According to its website, Zhang’s company, CEC Limited, is a manufacturer of various chemical compounds. The company has been the source of supply for synthetic drugs sent throughout the United States and Europe. Shipments to the United States earned Zhang roughly $30 million. As the United States and other countries banned new psychoactive substances, Zhang and his associates developed replacement chemicals or used fraudulent shipping labels to continue to traffic illicit narcotics. Chinese authorities arrested Zhang on November 7, 2013 under charges of teaching criminal methods to others.

Other individuals designated today include Chinese nationals Wang Guoying, Zhang Jicheng, and Hu Yongan. Wang Guoyang is Zhang Lei’s mother and part owner of CEC Limited. She received of hundreds of thousands of dollars in payments for illicit synthetic substances. The other two individuals, Zhang Jicheng and Hu Yongan, are employees of CEC Limited and had previously been incarcerated in the United Kingdom for their role in establishing a clandestine laboratory in the United Kingdom for the industrial-scale production of synthetic drugs.

Today’s action is the result of a joint investigation by OFAC and the Drug Enforcement Administration (DEA). These designations complement law enforcement actions through the DEA’s Project Synergy, an ongoing investigation of worldwide synthetic drug manufacturers and distributors.

Since June 2000 more than 1,600 individuals and entities have been named pursuant to the Kingpin Act for their role in international narcotics trafficking. Penalties for violations of the Kingpin Act range from civil penalties of up to $1.075 million per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines up to $5 million. Criminal fines for corporations may reach $10 million. Other individuals face up to 10 years in prison and fines pursuant to Title 18 of the United States Code for criminal violations of the Kingpin Act.

To view a chart of the Zhang Lei and CEC Limited network, click here.

For a complete listing of designations pursuant to the Kingpin Act, click here.

For information from the DEA about synthetic psychoactive substances, click here.”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

OFAC Litigation – SDN List Removal

OFAC SDN List Removal

OFAC SDN Removal Attorneys

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Treasury Designates Seven Individuals And One Entity Contributing To The Situation In Ukraine”

April 14, 2014

The U.S. Treasury Department’s Office of Foreign Assets Control on April 11, 2014 released the following:

Sanctions Target Crimean Separatists, a former Ukrainian Official,
and a Crimea-based Gas Company

WASHINGTON – The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today designated Crimean separatist leaders Pyotr Zima, Aleksei Chaliy, Rustam Temirgaliev, Yuriy Zherebtsov, Mikhail Malyshev, and Valery Medvedev, former Ukrainian official Sergey Tsekov, and Crimea-based gas company Chernomorneftegaz pursuant to Executive Order (E.O.) 13660. These individuals and this entity are being sanctioned for being responsible for or complicit in, or having engaged in, actions or policies that undermine democratic processes or institutions in Ukraine, actions or policies that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine, or misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine; or having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.

“Crimea is occupied territory. We will continue to impose costs on those involved in ongoing violations of Ukraine’s sovereignty and territorial integrity,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen.

Crimean Separatists

Pyotr Zima was appointed as de facto head of the Security Service of Ukraine’s main directorate in Crimea by the presidium of the Crimean parliament in March 2014. Zima was subsequently dismissed from his duties by interim Ukrainian President Oleksandr Turchynov for taking an oath of loyalty to the new Crimean authorities, and the Prosecutor-General’s Office of Ukraine received permission from a Ukrainian district court to detain Zima for colluding with Sergei Aksenov and Vladimir Konstantinov to commit crimes under Article 109 Part 1 of the Ukrainian Criminal Code. Aksenov and Konstantinov were designated on March 17, 2014 pursuant to E.O. 13660. Zima is being designated pursuant to E.O. 13660 because he has asserted governmental authority over a part or region of Ukraine without the authorization of the Government of Ukraine.

Aleksei Chaliy is the de facto Chairman of the Coordinating Council for the establishment of the Sevastopol municipal administration, and signed the March 16, 2014 agreement between the Russian Federation and the “Republic of Crimea” to unite Crimea and the city of Sevastopol with Russia. Chaliy is being designated pursuant to E.O. 13660 because he has asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine; and because he is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine.

As de facto Deputy Chairman of the Council of Ministers of Crimea, Rustam Temirgaliev ran the unauthorized March 16, 2014 referendum in Crimea.

As de facto counselor to the Speaker of the Crimean parliament, the Rada, Yuriy Zherebtsov was one of the main organizers of the unauthorized March 16 referendum in Crimea, which paved the way for Russia’s illegal annexation of Crimea. On March 9, 2014, Zherebtsov signed a letter on behalf of the authorities of “the Autonomous Republic of Crimea” requesting the commander of the military base in Yevpatoria, Crimea to disarm his troops and surrender the base to the Black Sea Fleet of the Russian Federation.

Mikhail Malyshev is the de facto Chair of the Crimea Electoral Commission, which administered the unauthorized March 16, 2014 referendum in Crimea.

Valery Medvedev is the de facto Chair of the Sevastopol Electoral Commission, which administered the unauthorized March 16, 2014 referendum for the city of Sevastopol.

Temirgaliev, Zherebtsov, Malyshev, and Medvedev are being designated pursuant to E.O. 13660 because they are responsible for or complicit in, or have engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine. Zherebtsov is also being designated because he is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that undermine democratic processes or institutions in Ukraine.

Former Ukrainian Official

Sergey Tsekov was the Vice Speaker of Ukraine’s parliament, the Verkhovna Rada, and was responsible for facilitating the unauthorized referendum that paved the way for Russia’s illegal annexation of Crimea. Tsekov is being designated pursuant to E.O. 13660 because he is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine.

Crimean Entity

On March 18, 2014 the Crimean parliament passed a resolution to seize the Crimean assets of a subsidiary of a Ukrainian state-owned gas company which has drilling rigs off Crimea’s west coast and in the Sea of Azov. The assets were transferred to an entity with the same name, Chernomorneftegaz, and same address. The parliament’s resolution said the takeover would include ownership of the region’s “continental shelf and the exclusive (maritime) economic zone.” Chernomorneftegaz is being designated pursuant to E.O. 13660 because it is complicit in the misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine.

As a result of Treasury’s action, any assets of the persons 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: Pyotr Anatoliyovych Zima
AKA: Petr Anatolyevich Zima
AKA: Petro Zyma
DOB: 29 March 1965
POB: Russia
Address: 18 Ulitsa D. Ulyanova, Apartment 110, Simferopol, Crimea, Ukraine
Title: Head of the Crimean SBU (Security Service of Ukraine)

Name: Aleksei Mikhailovich Chaliy
AKA.: Aleksey Mikhailovich Chaliy
AKA.: Aleksey Mykhaylovych Chaliy
AKA.: Oleksiy Mikhailovich Chaliy
AKA.: Aleksey Mikhailovich Chaly
AKA.: Aleksei Mikhailovich Chaliy
AKA.: Alexei Chaly
AKA.: Aleksei Chaliy
AKA.: Alexei Chaliy
DOB: 13 June 1961
POB: Sevastopol, Ukraine
Title: Mayor of Sevastopol
Title: Chairman of the Coordination Council for the Establishment of the
Sevastopol Municipal Administration

Name: Rustam Ilmirovich Temirgaliev
DOB: 15 August 1976
POB: Ulan-Ude, Russian Federation
Title: Deputy Chairman of the Council of Ministers of Crimea
Title: Crimean Deputy Prime Minister

Name: Yuriy Gennadyevich Zherebtsov
AKA: Yury Zherebtsov
DOB: 19 November 1969
POB: Odessa, Ukraine
Title: Counselor to the Speaker of the Crimean Rada

Name: Mikhail Grigorevich Malyshev
DOB: 10 October 1955
POB: Simferopol, Crimea, Ukraine
Address: 15/9 Ulitsa Turgeneva, Apt. 9, Simferopol, Crimea, Ukraine
Title: Chair of the Crimea Electoral Commission

Name: Valery Kirillovich Medvedev
DOB: 21 August 1946
POB: Russia
Address: 22 Ulitsa Oktyabrskoi Revolutsii, Building 9, Apt. 14, Sevastopol, Crimea, Ukraine
Title: Chair of the Sevastopol Electoral Commission

Name: Sergey Pavlovich Tsekov
DOB: 28 September 1953
POB: Simferopol, Crimea, Ukraine

Name: Chernomorneftegaz
AKA: Chornomornaftogaz
AKA: NJSC Chornomornaftogaz

Address: Kirova / per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, Ukraine.”

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Douglas McNabb – McNabb Associates, P.C.’s
OFAC SDN Removal Videos:

OFAC Litigation – SDN List Removal

OFAC SDN List Removal

OFAC SDN Removal Attorneys

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


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