Curaçao: Sanctions Notice

What is screened, and how often

The firm screens clients, beneficial owners, signatories, counterparties, borrowers, guarantors, vendors, portfolio companies and the people who direct them. Screening runs before a relationship opens, again whenever a list that binds the Curaçao entity changes, and across the whole client population every night. Designation changes load into the screening system within 24 hours of publication. Every outbound payment is screened before release, with no threshold below which a payment passes unchecked. Trade finance adds the vessel, its flag, its registered owner and the ports of loading and discharge, and a vessel that changes flag mid-tenor is screened again.

Which measures bind the local entity

Three sets of measures bind an entity: those made in its own jurisdiction, those it adopts from international designations, and those of the currency in which it settles, which across most of the network means the United States dollar.

Curaçao applies the sanctions measures adopted by the Kingdom of which it is a part, which give effect to the international designations it adopts and to the European measures, alongside its own national ordinance. Because the structures link European capital to Latin American positions, the European measures reach every entity in the chain, and the desk screens each holding entity's counterparties, the co-lenders and the operating positions against them as well as against the United States list that dollar settlement requires. A holding entity whose operating position becomes subject to sanctions freezes its interest, suspends distributions and reports to the local competent authority. The corporate service provider performs its own parallel screening.

The consolidated group list maintained by the Group Financial Crime function is screened in addition to the local lists everywhere, so a name blocked anywhere in the network is blocked in Willemstad as well.

What happens when a name matches

A possible match stops a transaction rather than delaying it. A sanctions officer reviews the alert against identifiers and not against spelling alone. A match confirmed as true is frozen within four hours and reported at once to three named executives. A payment caught by a freeze is not returned to the sender. The freeze is reported by IGUAKO Capital (Curaçao) N.V. to the competent authority within the period the local law sets, and Curaçao freezes join the frozen asset register, which is reconciled monthly against custody statements. Nothing leaves that register without a written release from compliance.

Ownership, licences and testing

A person who is not listed can still be caught by the rules on ownership and control, so the firm aggregates the holdings of listed persons across a structure before deciding whether a counterparty is in scope. Where a licence permits an otherwise prohibited dealing, its conditions are built into the payment system itself, so a payment outside them cannot be released by someone who has read the licence and formed a view. Twice a year the screening thresholds are tested by seeding 200 known names into the population and counting how many the system returns, and the Caribbean desks sit inside that test on the same schedule as every other office.

The firm accepts that this standard costs it business. A counterparty that cannot be screened is not taken on. A structure whose ownership cannot be resolved to natural persons is refused, whatever the return on offer and whoever made the introduction.