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OFAC updates FAQs related to sanctioned virtual currency “mixer”

November 10, 2022

On November 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) published one new and three amended cyber-related FAQs related to sanctions issued in August against a virtual currency mixer accused of allegedly laundering more than $7 billion. As previously covered by InfoBytes, OFAC claimed the company “repeatedly failed to impose effective controls designed to stop it from laundering funds for malicious cyber actors on a regular basis.” Newly added FAQ 1095 clarifies that a designated “person” under Executive Order 13722 or 13694 is a “partnership, association, joint venture, corporation, group, subgroup, or other organization.” Amended FAQs 1076, 1078, and 1079 (i) explain how persons can complete transactions or withdraw virtual currency without violating U.S. sanctions regulations; (ii) clarify whether OFAC reporting obligations apply to “dusting” transactions (wherein “certain U.S. persons may have received unsolicited and nominal amounts of virtual currency or other virtual assets from [the sanctioned company’s] smart contracts”; and (iii) outline prohibitions resulting from the sanctions.