South Sudan: U.S. Treasury Issues Sanctions on South Sudan Construction Company

Under construction.
11 December 2021
document

Excerpts from a press release issued by the U.S. Department of the Treasury:

Washington - Today, on International Anti-Corruption Day, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is targeting fifteen individuals and entities across several countries in Central America, Africa, and Europe. Today's actions are taken pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of corruption and serious human rights abuse.

Treasury's actions today are complemented by the U.S. Department of State's announcement of visa restrictions under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, targeting several corrupt current and former officials, as well as their immediate family members, and making them ineligible for entry into the United States.

"Corrupt acts take resources from citizens, undermine public trust, and threaten the progress of those who fight for democracy," said Secretary of the Treasury Janet L. Yellen. "Treasury is committed to countering those who seek personal enrichment at the expense of the people who trust them to to serve — especially in the middle of a global pandemic. We are taking these actions today to expose and hold corrupt leaders accountable." ...

CORRUPTION IN SOUTH SUDAN: ARC RESOURCES CORPORATION LTD AND WINNERS CONSTRUCTION COMPANY LIMITED

OFAC designated ARC Resources Corporation Limited (ARC Resources) and Winners Construction Company Limited (Winners) for being owned or controlled by Benjamin Bol Mel (Bol Mel), an individual included in the Annex of E.O. 13818 in December 2017.

Bol Mel previously oversaw ABMC Thai-South Sudan Construction Company Limited (ABMC), which was awarded contracts worth tens of millions of dollars by the Government of South Sudan (GoSS) and allegedly received preferential treatment from high-level GoSS officials in a non-competitive process for selecting ABMC to do roadwork throughout South Sudan.

ARC Resources is linked to ABMC, and has been used by senior members of GoSS for laundering money. Both ARC Resources and Winners have been used to evade sanctions and travel restrictions on Bol Mel, and have been awarded noncompetitive and substantial oil-backed contracts from the GoSS for road construction.

ARC Resources and Winners are designated pursuant to E.O. 13818 for being owned or controlled by, directly or indirectly, Bol Mel, a person whose property and interests in property are blocked pursuant to E.O. 13818....

SANCTIONS IMPLICATIONS

As a result of today's action, all property and interests in property of the persons above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked. Unless authorized by a general or specific license issued by OFAC, or otherwise exempt, all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons are prohibited. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods, or services from any such person.

GLOBAL MAGNITSKY

Building upon the Global Magnitsky Human Rights Accountability Act, E.O. 13818 was issued on December 20, 2017, in recognition that the prevalence of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, had reached such scope and gravity as to threaten the stability of international political and economic systems. Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.

The U.S. Department of Homeland Security's Human Rights Violators and War Crimes Center assisted OFAC in identifying perpetrators of serious human rights abuse and corruption.

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