Asset freeze

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Glossary · Sanctions

Asset freeze

Also called asset freezing, blocking of property

Definition

An asset freeze is a sanctions measure that stops anyone from dealing with the funds or economic resources of a designated person, or making funds available to them. The assets stay with the bank or holder but cannot be moved, used or released without a licence from the sanctions authority.

DESIGNATIONSCREENING MATCHFUNDS FROZENREPORTLICENCE
Fig. 1 · Asset freeze
UNSCR 1373 · Sanctions and Anti-Money Laundering Act 2018 · Regulation (EU) No 269/2014
Key rulesUNSCR 1373 · Sanctions and Anti-Money Laundering Act 2018 · Regulation (EU) No 269/2014 · 31 CFR 501.603
Applies toAll UK persons and anyone in the UK
RegionsGlobal · UK · EU · US
01

How it works

When a government or the UN designates a person or company, every firm under that jurisdiction must freeze what it holds for them straight away. Banks screen customers and payments against the sanctions lists, and a confirmed match means the account is blocked and incoming funds are held. The freeze also covers entities the designated person owns or controls, so firms check ownership as well as names.

Frozen assets stay frozen until the designation is lifted or a licence allows a specific payment, such as basic living costs or legal fees. Firms must report frozen assets to the authority within set deadlines, for example to OFSI in the UK or OFAC in the US. Dealing with frozen funds, or helping someone get round a freeze, is a criminal offence or a civil violation.

Step 1ScreenCheck customers, owners and payments against sanctions lists.
Step 2Confirm matchRule out false positives using identifiers and ownership.
Step 3FreezeBlock the account and hold any incoming funds.
Step 4ReportNotify the sanctions authority of the frozen assets.
Step 5Manage licencesRelease funds only under a valid licence.
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The rules

Global · 28 September 2001UNSCR 1373United Nations Security Council Resolution 1373 (2001)

Requires states to freeze without delay the funds and economic resources of persons who commit or facilitate terrorist acts.

All UN member states
UK · 23 May 2018Sanctions and Anti-Money Laundering Act 2018Sanctions and Anti-Money Laundering Act 2018, with asset-freeze provisions in regimes made under it

Lets ministers make sanctions regulations, including asset freezes on designated persons, enforced by OFSI and HM Treasury.

All UK persons and anyone in the UK
EU · 17 March 2014Regulation (EU) No 269/2014Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Freezes all funds and economic resources of listed persons and bans making funds available to them, directly or indirectly.

EU persons and anyone doing business in the EU
US · Current text since 21 June 2019, last amended 27 July 202631 CFR 501.603OFAC Reporting, Procedures and Penalties Regulations, reports of blocked, unblocked or transferred blocked property

Requires a report to OFAC within 10 business days of property becoming blocked, plus an annual report of blocked property.

US persons, including financial institutions, holding blocked property
03

Common questions

Is an asset freeze the same as confiscation?

No. Frozen assets still belong to the designated person, but nobody can use or move them. Confiscation transfers ownership to the state and needs a separate legal process, usually through the courts.

Does an asset freeze cover companies owned by a designated person?

Yes. In the UK and EU a freeze extends to entities a designated person owns or controls. OFAC's 50 percent rule blocks entities owned 50 percent or more, in total, by blocked persons.

Can frozen funds ever be released?

Yes, under a licence from the sanctions authority. Licences cover set purposes such as basic needs, legal fees or winding down contracts, and firms must keep records of every payment made under one.