Circular to Licensed Corporations and Associated Entities - Anti-Money Laundering / Counter-Financing of Terrorism
(1) United Nations (Anti-Terrorism Measures) Ordinance
(2) United Nations Sanctions (ISIL and Al-Qaida) Regulation
(3) United Nations Sanctions (Democratic Republic of the Congo) Regulation 2019 (Amendment) Regulation 2020
(4) United Nations Sanctions (South Sudan) Regulation 2019 (Amendment) Regulation 2020

11 Sep 2020



Circular to Licensed Corporations and Associated Entities

Anti-Money Laundering / Counter-Financing of Terrorism

(1)  United Nations (Anti-Terrorism Measures) Ordinance

(2)  United Nations Sanctions (ISIL and Al-Qaida) Regulation

(3)  United Nations Sanctions (Democratic Republic of the Congo) Regulation 2019 (Amendment) Regulation 2020

(4)  United Nations Sanctions (South Sudan) Regulation 2019 (Amendment) Regulation 2020

(1)  United Nations (Anti-Terrorism Measures) Ordinance

Further to our circular issued on 17 July 2020, an updated list specifying terrorists and terrorist associates designated by the United Nations Security Council (“UNSC”) was published under section 4 of the United Nations (Anti-Terrorism Measures) Ordinance (“the UNATMO”) (Cap. 575) in the Gazette (G.N. (E.) 135 of 2020) on 11 September 2020.  A relevant press release issued by the UNSC, reflecting the updates since the previous list was published in the Gazette (G.N. (E.) 82 of 2020), is attached in Attachment 1 Note 1.

The aforesaid updated list can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20202480e/egn20202480135.pdf).

(2)  United Nations Sanctions (ISIL and Al-Qaida) Regulation 

Further to our circular issued on 17 July 2020, an updated list specifying “individuals, groups, undertakings and entities” under section 25 of the United Nations Sanctions (ISIL and Al-Qaida) Regulation (Cap.537CB) was published on the website of the Commerce and Economic Development Bureau on 11 September 2020.  A relevant press release issued by the UNSC, reflecting the update since the previous list was published on the website of the Commerce and Economic Development Bureau, is attached in Attachment 1 Note 1.

The aforesaid updated list obtained from the website of the Commerce and Economic Development Bureau is attached in Attachment 2.

(3)  United Nations Sanctions (Democratic Republic of the Congo) Regulation 2019 (Amendment) Regulation 2020

The United Nations Sanctions (Democratic Republic of the Congo) Regulation 2019 (Amendment) Regulation 2020 (“the DRC Amendment Regulation”), made under the United Nations Sanctions Ordinance (Cap. 537) (“UNSO”), was published in the Gazette (L.N. 164 of 2020) on 11 September 2020 with immediate effect.

The DRC Amendment Regulation implements sanctions against the Democratic Republic of the Congo as renewed by the UNSC under Resolution 2528, which include, inter alia, prohibition against making available to certain persons or entities any economic assets, or dealing with economic assets of such persons or entities, except with a licence.

The DRC Amendment Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20202437/es220202437164.pdf).

(4)  United Nations Sanctions (South Sudan) Regulation 2019 (Amendment) Regulation 2020

The United Nations Sanctions (South Sudan) Regulation 2019 (Amendment) Regulation 2020 (“the South Sudan Amendment Regulation”), made under the UNSO, was published in the Gazette (L.N. 165 of 2020) on 11 September 2020 with immediate effect.

The South Sudan Amendment Regulation implements sanctions against South Sudan as renewed by the UNSC under Resolution 2521, which include, inter alia, prohibition against making available to certain persons or entities any economic assets, or dealing with economic assets of such persons or entities, except with a licence.

The South Sudan Amendment Regulation can be found on the Government’s website (https://www.gld.gov.hk/egazette/pdf/20202437/es220202437165.pdf).

LCs and AEs are reminded to refer to Chapter 6 of the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) (“AML Guideline”) which contains guidance on the appropriate measures that LCs and AEs should take to ensure compliance with the regulations made under the UNSO Note 2.  The Securities and Futures Commission expects all new designations to be screened by LCs and AEs against their client lists as soon as practicable whenever there are updates. LCs and AEs are also reminded to report any transactions or relationships they have or have had with any designated person or entity to the Joint Financial Intelligence Unit.

Should you have any queries regarding the contents of this circular, please contact Ms Kiki Wong at 2231 1569 who will assist to refer your queries to the relevant officer.

Intermediaries Supervision Department
Intermediaries Division
Securities and Futures Commission

Enclosure

End

SFO/IS/032/2020

Note 1 The updates made to the sanctions lists published under the UNATMO and the United Nations Sanctions (ISIL and Al-Qaida) Regulation are identical.
Note 2
Under paragraph 6 of the Prevention of Money Laundering and Terrorist Financing Guideline issued by the Securities and Futures Commission for Associated Entities, AEs that are not authorized financial institutions are expected to have regard to the provisions of the AML Guideline as if they were themselves LCs


Click here to download the document

Supplementary document:
Attachment 1
Attachment 2


Page last updated : 11 Sep 2020