Značka: sanctions

Kraken settles with US Treasury's OFAC for violating US sanctions

The United States Treasury Department’s Office of Foreign Assets Control, or OFAC, has announced a settlement with crypto exchange Kraken for “apparent violations of sanctions against Iran.”In a Nov. 28 announcement, OFAC said Kraken had agreed to pay more than $362,000 as part of a deal “to settle its potential civil liability” related to violating the United States’ sanctions against Iran. The U.S.-based crypto exchange will also be investing $100,000 into sanctions compliance controls as part of the agreement with Treasury. “Due to Kraken’s failure to timely implement appropriate geolocation tools, including an automated internet protocol (IP) address blocking system, Kraken exported services to users who appeared to be in Iran when they engaged in virtual currency transactions on Kraken’s platform,” said OFAC. In a statement to Cointelegraph, Kraken chief legal officer Marco Santori said the exchange had “voluntarily self-reported and swiftly corrected” its actions to OFAC:”Even before entering into this resolution, Kraken had taken a series of steps to bolster our compliance measures. This includes further strengthening control systems, expanding our compliance team and enhancing training and accountability.”The United States has imposed sanctions on Iran that prohibit the export of goods or services to businesses and individuals in the country since 1979. However, Kraken had allegedly been violating these controls since 2019 by allowing a reported more than 1,500 individuals with residences in Iran to have accounts at Kraken — giving them the means to buy and sell crypto. According to a July report from The New York Times, then CEO Jesse Powell — who in September announced he would step down — suggested he would consider breaking the law, through not specifically mentioning sanctions, if the benefits to Kraken outweighed any potential financial or legal penalties. The crypto exchange also reportedly allowed access to crypto for individuals in Syria and Cuba, countries sanctioned by the United States.Related: Crypto exchange Kraken freezes accounts related to FTX and AlamedaIn September 2021, the U.S. Commodity Futures Trading Commission ordered Kraken to pay more than $1 million in civil monetary penalties for allegedly violating the Commodity Exchange Act by offering “margined retail commodity transactions in digital assets” to ineligible U.S. customers from June 2020 to July 2021. Kraken’s incoming CEO, Dave Ripley, said in September he did not see a reason to register with the Securities and Exchange Commission as “there are not any tokens out there that are securities that we’re interested in listing.”

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US Treasury redesignates Tornado Cash sanctions, citing North Korea nuclear weapons program

The United States Treasury Department’s Office of Foreign Asset Control, or OFAC, has amended the sanctions on cryptocurrency mixer Tornado Cash in addition to including two individuals involved in “transportation and procurement activities” for the Democratic People’s Republic of Korea in its list of Specially Designated Nationals.In a Nov. 8 announcement, the Department of the Treasury said it had “delisted and simultaneously redesignated” Tornado Cash in addition to taking into account activities conducted by North Korean nationals Ri Sok and Yan Zhiyong in its basis for sanctions. The government department reiterated its claims that the crypto mixer was involved in laundering $455 million in crypto stolen by the North Korea-affiliated Lazarus Group.The redesignation of Tornado Cash essentially replaces Treasury’s actions against the crypto mixer in August, establishing sanctions for its role in “enabling malicious cyber activities, which ultimately support the DPRK’s [weapons of mass destruction] program.“ The original sanctions included the Lazarus Group, but did not show connections with North Korea’s nuclear program.“Today’s sanctions action targets two key nodes of the DPRK’s weapons programs: its increasing reliance on illicit activities, including cybercrime, to generate revenue, and its ability to procure and transport goods in support of weapons of mass destruction and ballistic missile programs,” said Brian Nelson, Under Secretary of the Treasury for terrorism and financial intelligence.Related: Deribit hackers move stolen Ether to Tornado Cash crypto mixerMany in the crypto space have been involved in lawsuits against the U.S. Treasury following the sanctions against the mixer. A group of investors backed by U.S.-base crypto exchange Coinbase took legal action in September, claiming that Treasury’s sanctions of 44 USD Coin (USDC) and Ether (ETH) addresses connected to Tornado Cash were “not in accordance with law.” Crypto advocacy group Coin Center also filed a lawsuit against the government department in October, saying the mixer was a “privacy tool beyond the control of anyone.”North Korea fired several missiles over northern Japan in the last month, though none impacted the island nation or directly caused any casualties. The United States has 7 bases for different military branches on Japan’s mainland.

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EU crypto sanctions against Russia has an unexpected enforcer

The Monetary Exchange of Singapore (MAS), ​​the country’s central bank and financial regulator, reminded all authorized cryptocurrency exchanges in the country to comply with financial sanctions in place toward Russia. This statement comes after research that revealed millions in crypto donations raised by pro-Russia groups in support of the ongoing conflict in Ukraine and increased sanctions on Russia from financial authorities around the world.Singapore’s decision puts it in line with European Union’s sanctions toward Russia, which were first imposed earlier this year. Initially, the sanctions limited Russia-EU crypto payments to around $10,000.However, the most recent restrictions in early October further tightened measures and banned “all crypto-asset wallet, account, or custody services, irrespective of the amount of the wallet.”Around the time of the EU’s first set of sanctions, MAS created measures aimed at Russian banks and other entities based in the country, along with the prohibition of any fundraising for any activities which could benefit the Russian government.Related: What new EU sanctions mean for crypto exchanges and their Russian clientsCrypto exchanges and related platforms have been falling in line with sanctions toward Russia since the start of the conflict.The popular crypto exchange Kraken closed its doors to Russian users this past month and restricted all accounts associated with the country. Similarly, Dapper Labs suspended all accounts of Russian users. The move prohibited Russian-linked accounts from selling, buying or gifting nonfungible tokens (NFTs), along with stopping funds withdrawal.Most recently, Binance’s global head of sanctions, Chagri Poyraz, told Cointelegraph in an interview that the company is working hard to comply with EU measures while still best serving their users.Meanwhile, many Russian users are flocking to neighboring countries, such as Kazakhstan, to continue utilizing services previously available to them.

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Binance still serving Russians while seeking clarity on EU crypto sanctions

In the weeks following new sanctions from the European Union, Binance has kept its doors open for non-sanctioned Russian nationals, but that does not mean that the firm isn’t complying with EU sanctions, according to Binance’s newly-appointed sanctions executive.Western sanctions against Russia have been a major challenge for Binance from day one, and the firm has been working hard to comply, Binance’s global head of sanctions Chagri Poyraz told Cointelegraph in an interview.Since the start of Russia’s invasion of Ukraine, Binance has comprehensively blocked several non-government-controlled territories of Ukraine, including annexed regions like Donetsk and Luhansk, Poyraz said.“There is still an active war going on in the region. The map is changing daily,” he noted, adding that Binance continues to actively monitor the situation. Binance has more than 500 compliance executives globally, and about half of them are directly involved in sanctions control, including Anti-Money Laundering, name screening and other procedures.In addition to comprehensive sanctions, which are imposed in connection to a certain country or region, there are also targeted sanctions or those directed at specific individuals, companies or activities. Binance has “zero tolerance” for accounts blocked with targeted sanctions, and has frozen or restricted a number of Russian accounts in line with sanctions from different jurisdictions, Poyraz said.The authorities in the United States have imposed a number of targeted sanctions, providing lists of sanctioned individuals and firms, wallets and related guidances, the exec noted. But just like the cryptocurrency industry as a whole, crypto sanctions are a new concept, and there is still a lack of guidance and clarity, especially when it comes to different jurisdictions.“The hardest part is the EU sanctions,” Poyraz said, highlighting the industry’s need for better clarity on these sanctions. Binance has reached “no particular dialogue” with the EU regulators after the union adopted an eighth sanctions package, which included some major crypto restrictions, he noted, adding:“We do obviously follow all the EU sanctions, but there is room for improvement when it comes to clarity. […] We are trying to follow sanctions as they are. The challenge is not overdoing, doing what you’ve been told. The regulation has to be clear.”The executive emphasized that the current uncertainty around EU sanctions against Russia is not just Binance’s problem, but is an “industry problem.”The EU’s initial sanctions only capped Russia-EU crypto payments at around $10,000, but the latest restrictions, imposed in early October, further tightened prohibitions, banning “all crypto-asset wallet, account, or custody services, irrespective of the amount of the wallet.”The European Commission (EC) did not provide any additional details about the crypto sanctions on the official Q&A page. The EC’s press team did not respond to Cointelegraph’s request for comment.Related: Russian users are welcomed by crypto exchanges in Kazakhstan, but there’s a catchWhile Binance continues to support services for Russians, a number of crypto exchanges and wallets have exited Russia shortly after the EU imposed the eighth and most recent sanctions package.Platforms like Crypto.com, LocalBitcoins and Blockchain.com notified their users about halting services in Russia as of mid-October. On Oct. 19, Kraken became one of the latest exchanges to restrict accounts of Russian users, citing compliance with EU sanctions.As previously reported, Russia is one of Binance’s biggest markets, ranking in the top ten for the crypto exchange as of October 2019. 

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