This document discusses trade and financial sanctions and their implications for organizations. It covers topics such as what sanctions are, determining if an organization possesses property owned by designated persons, preventing transactions involving sanctioned entities, and reporting requirements. The document provides guidance on searching client lists against sanctions lists, resolving potential matches, freezing identified property, and exceptions to freezing rules.

1. Trade and Financial Sanctions - Global Issues with Local Implications: Are You Exposed?Copyright Notice: These materials are protected by CANADIAN copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published without the prior written permission of Williams McGuire AML Inc.. You may not alter or remove any trademark, copyright or other noticeDisclaimer: The contents of this DOCUMENT include information relating to general PRINCIPLES AND should not be construed as specific instructions OR ADVICE. IT IS not a substitute for legal and other professional advice. If any READER requires legal advice or other professional assistance, each such READER should always consult his or her own legal or other professional advisors and discuss the facts and circumstances that apply to the READER. www.amlcompliance.ca July 2011

2. What are Sanctions?Designated Persons: Terrorist Groups, Listed Individuals and EntitiesA government’s legislated measures against Designated Persons, certain transactions, and Countries to achieve policy objectives.Two Types – Two Parts to Our Agendavs.

3. What do People Sanctions Require?Determine possession/control of DP PropertyDisclose DP Property to RCMP/CSIS/FINTRACReport on Property/Screening to RegulatorPrevent transactions involving DP propertySearch for the Overlap

4. Our Agenda: People SanctionsWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?Search for the Overlap

5. Our Agenda: People SanctionsDetermine possession/control of DP PropertyWhat is Property?What does Determination involve?

6. Our Agenda: People SanctionsPrevent transactions involving DP propertyWhat controls should be effected to freeze identified property/prevent unauthorized transactions?What exceptions are available to freezing?How does property become unfrozen?

7. Our Agenda: People Sanctions Disclose DP Property to RCMP/CSIS/FINTRACWhen should the disclosure take place?Who do you contact in the case of a match?What information should you have available?What reporting is required for FINTRAC?

8. Our Agenda: People SanctionsReport on Property/Screening to RegulatorWhat does the form represent?What is the format and content of the form?Who is the form submitted to?When should the form be submitted?Should copies of the form be kept?

9. What do Purpose Sanctions Require?vs.Prevent transactions involving sanctioned countries and specified purposes Disclose attempted transactions to RCMP/CSIS/RCMP

10. Search for the Overlap

11. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?General form of the legislative standard: Every entity must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a Designated PersonAccording to the OSFI Instruction Guide:Against information that FI collects and develops in the KYC process

12. Includes: Third Parties, Beneficial Owners, Beneficial Owners (to the extent reasonably possible), Trust Settlors and Trustees. [silent on transactions]Search for the OverlapSearching obligations generally relate to FIs – some regulations require MSB searching also – such as UN Libya Regulations

13. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?The most current lists of Designated Persons for prevailing and applicable sanctions legislation:United Nations Act (UNA)

14. Criminal Code (CC)

15. Special Economic Measures Act (SEMA)

16. Freezing of Assets of Corrupt Foreign Officials Act (CFOA)List updates should be conducted with a regular frequency (monthly) using authoritative sources – or update confirmation conducted if software driven.Search for the Overlap

17. Search for the Overlap: Acts

18. Search for the Overlap: Acts“Of 513 entries on the [UN Security Council Terrorist] list, 38 people are reported or believed to be dead... A third of the entries are missing basic information, such as full names, dates of birth and other particulars.”Dead People on U.N. terrorism sanctions list: envoy, Reuters, July 14, 2009

19. Search for the Overlap: Acts“Of the hundreds of millions of dollars suspected of going toward funding terrorism overseas last year, $188,335 [was] frozen in 10 accounts in Canadian financial institutions as ‘terrorist assets’ at November 1, 2006.”Terrorist funds almost unchecked, Edmonton Journal, September 29, 2007

20. Search for the Overlap

21. Search for the Overlap: The Lists

22. Search for the Overlap: The Lists

23. Search for the Overlap: The Lists

24. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?General form of the legislative standard: Every entity must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a Designated PersonNo definition is provided for “continuing”. OSFI’s expectation is at least weekly screening. They assert that new client names should be checked against lists as part of, or as soon as reasonably possible after the opening of new accounts/changes to DP lists.Search for the Overlap

25. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?Manual Screening (Including ad-hoc electronic searches)All existing clients (+), every new client (+), and then every new listed DP against the entire client list (+).

26. Logged manual comparison of source list against DP list with clear and documented matching criteria and results. Automated Screening (Batch Driven)All client (+) names screening routinely against current DP lists, automatically updated (verified). Search for the Overlap

27. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?There key standard:“shall disclose… the existence of property… that they have reason to believe is owned or controlled by or on behalf of a listed person”OSFI recommends that the assessment be made “…based on all the information available to it [including]… “know your client” information and the determination may require the use of enhanced due diligence measures in the event of uncertainty”. Search for the Overlap

28. Search for the OverlapWhat financial information records should be included in the search? Which lists should be searched against?How often should the search take place? How should we conduct the searching?How do we resolve potential matches?OSFI further suggests that: if an FI’s record matches or substantially matches that of a DP, the FRFI should compare personal identifiers, and may seek additional information from the client. Neither the RCMP nor CSIS are to be contacted in resolving a potential match according to the Guide. In both exact and partial name matches, it is typically the personal identifier which confirms or disconfirms the match – along with circumstantial information. Search for the Overlap

29. Determine Possession or Control of Property

30. Determine DP PropertyDetermine possession/control of DP PropertyWhat is Property?What does Determination involve? Property means “property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources.”OSFI’s guidance suggest that property includes: A positive balance in a deposit account or GIC in the name of a DP

31. A balance in excess of the amount owing on a credit card in the name of a DP (or where a DP is an authorized signer)

32. Cash and securities in a brokerage account in the name of a DP

33. Drawings by a DP under a letter of credit

34. An insurance benefit/refund claimed by the DPObtain counsel’s counsel on how to proceed.

35. Determine DP PropertyDetermine possession/control of DP PropertyWhat is Property?What does Determination involve? Determination would include a search of all financial records for connections/characteristics of the DP (joint account or apparently owned/controlled property). That determination obligation becomes continuous after the initial search.

36. Prevent Transactions (Freezing Property)

37. Prevent TransactionsPrevent transactions involving DP propertyWhat controls should be effected to freeze identified property/prevent unauthorized transactions?What exceptions are available to freezing?How does property become unfrozen? Accounts/Property should be frozen according to a set procedure, with appropriate user permissions and no possibility of other than senior management override. It is important to remember that there are two types of persons subject to freezing orders: Those you’re obligated to screen for; and,Those you’re not obligated to screen for.

38. Prevent TransactionsPrevent transactions involving DP propertyWhat controls should be effected to freeze identified property/prevent unauthorized transactions?What exceptions are available to freezing?How does property become unfrozen? Lists of Designated Persons You Are Not Obligated to Screen For, But Can’t Transact With:UN Iraq Regulations: Consolidated List of Financial Sanctions Targets – pursuant to the UNSC 661 Committee listUN Côte d’Ivoire Regulations: Consolidated List of Financial Sanctions Targets – pursuant to the UNSC 1575 Committee listUN Sudan Regulations: Consolidated List of Financial Sanctions Targets – pursuant to the UNSC 1591 Committee listUN Democratic Republic of the Congo Regulations: Consolidated List of Financial Sanctions Targets – pursuant to the UNSC 1533 Committee List

39. Prevent TransactionsPrevent transactions involving DP propertyWhat controls should be effected to freeze identified property/prevent unauthorized transactions?What exceptions are available to freezing?How does property become unfrozen? Act and Regulation Specific – Consult Counsel!

40. Prevent TransactionsPrevent transactions involving DP propertyWhat controls should be effected to freeze identified property/prevent unauthorized transactions?What exceptions are available to freezing?How does property become unfrozen? Property becomes unfrozen through:Judicial authorization, or,At the (documented) and authoritative instruction of the entity responsible for the administration of the legislaiton (e.g. DFAIT).

41. Disclosing Transactions

42. DiscloseDisclose DP Property to RCMP/CSIS/FINTRACWhen should the disclosure take place?Who do you contact in the case of a match?What information should you have available?What reporting is required for FINTRAC?There key standard:“shall disclose forthwith… the existence of property… that they have reason to believe is owned or controlled by or on behalf of a listed person”

43. DiscloseDisclose DP Property to RCMP/CSIS/FINTRACWhen should the disclosure take place?Who do you contact in the case of a match?What information should you have available?What reporting is required for FINTRAC?It depends on which regulation the match relates to (and some regulations don’t require any reporting at all)

44. Disclose – Who to Report To

45. DiscloseDisclose DP Property to RCMP/CSIS/FINTRACWhen should the disclosure take place?Who do you contact in the case of a match?What information should you have available?What reporting is required for FINTRAC?Complete information regarding the reasons to believe that the person involved is the same as the Designated Person, the measures taken to identify their property, personal identifiers details of property identified, associated accounts/persons, and transactions conducted/attempted.

46. DiscloseDisclose DP Property to RCMP/CSIS/FINTRACWhen should the disclosure take place?Who do you contact in the case of a match?What information should you have available?What reporting is required for FINTRAC?Prescribed Terrorist Property reporting: Regulations Implementing the UN Resolutions on the Suppression of Terrorism

47. UN Al-Qaida and Taliban Regulations

48. Criminal CodeJudgment based Suspicious Transaction Reporting: Consider whether the transactions conducted or attempted by the Designated Purposes is tainted by the affiliation (particularly important in the case of matches from the Freezing Assets of Corrupt Foreign Officials, for instance).

49. Reporting Transactions

50. Monthly ReportingReport on Property/Screening to RegulatorWhat does the form represent?What is the format and content of the form?Who is the form submitted to?When should the form be submitted?Should copies of the form be kept?A declaration of terrorist property in the possession/Control of the FIFRFI’s: 525 Long Form (property to report) and 525 Short Form (Nil Report) Others: Relevant form (usually based on the 525 standard)FRFI’s: OSFI Others: Relevant regulatorMonthly filing by the 15th of the month following calendar month to which the form relatesYes!

51. Monthly Reporting

52. Purpose Sanctions

53. What do Purpose Sanctions Require?vs.Prevent transactions involving sanctioned countries and specified purposes Disclose attempted transactions to RCMP/CSIS/FINTRAC

54. Applicable Acts