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Financial Services Law Insights and Observations

OFAC sanctions individuals for raising funds supporting Nigerian terrorist group

Financial Crimes Of Interest to Non-US Persons Department of Treasury OFAC OFAC Designations OFAC Sanctions Nigeria SDN List

Financial Crimes

On March 25, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to Executive Order 13224, as amended, against six individuals connected to the Nigerian terrorist group Boko Haram. According to OFAC, the six individuals “were found guilty of establishing a Boko Haram cell in the United Arab Emirates (UAE) to raise funds for and provide material assistance to Boko Haram insurgents in Nigeria.” The sanctions follow “arrests, prosecutions, and designations in the UAE in September 2021, demonstrating the commitment of the Emirati government to using judicial measures and targeted financial sanctions to disrupt the flow of funds to these networks.” Under Secretary of the Treasury Brian Nelson stated that the U.S. is joining the UAE in targeting terrorist financing networks to ensure the Boko Haram network is unable to further move funds through the international financial system. As a result of the sanctions, all property and interests in property belonging to the sanctioned individuals in the U.S. or in the possession or control of U.S. persons, and “any entities that are owned, directly or indirectly, 50 percent or more” by the targeted individuals are blocked and must be reported to OFAC. Additionally, U.S. persons are prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons, unless exempt or authorized by a general or specific OFAC license. 

OFAC’s announcement further warned that “engaging in certain transactions with the individuals designated today entails risk of secondary sanctions” and that any foreign financial institution that knowingly facilitates significant transactions or provides significant financial services on behalf of a Specially Designated Global Terrorist may be subject to U.S. correspondent account or payable-through account sanctions.