DRC: NGOs denounce Trump's easing of sanctions against Dan Gertler

Israeli businessman Dan Gertler visits Katanga Mining Ltd. mining complex.

in 2012. Simon Dawson / Bloomberg via Getty Images

Text by: RFI Follow

4 min

In the final days of the Trump administration, the US Treasury conditionally authorized Israeli businessman Dan Gertler, his associates and companies, some of whom have been under sanctions since 2017, to redo transactions and activities, including banking.

A decision welcomed by the lawyers of this close friend of Joseph Kabila but very criticized by NGOs which for more than 10 years accuses Dan Gertler of having participated in the plundering of the country's resources.

Publicity

Read more

Dan Gertler is grateful to OFAC for offering him this opportunity, explains one of his lawyers.

OFAC, the office responsible for enforcing sanctions at the US Treasury Department, issued this "

license

" authorizing it, for one year, to resume transactions in dollars.

Through this so-called specific license, further assures the lawyer of the Israeli businessman, OFAC “

 essentially lifted the sanctions for a trial period of one year 

”.

This American administration just demanded that Dan Gertler table periodic reports.

The latter "

 will be able to carry out its business and its philanthropic activities 

", again according to its advice, so as "

 to fully respect the letter and the spirit of OFAC's sanctions

".

For the organizations which for more than ten years have been trying to obtain a conviction of this close friend of Joseph Kabila, it is a disaster.

Even if new President Joe Biden decides to reverse this decision of the Trump administration, Dan Gertler and his associates will have had time to transfer the money or even assets that they believe are the result of corruption.

For example, Resource Matters insists on the fact that it is not strictly speaking about a lifting of sanctions, but that this authorization is limited "

to the facts and circumstances listed in the request

", specifies this license.

Request to which no one had access.

The NGO also points out that Dan Gertler hired, to obtain this license, one of the law firms that defended Donald Trump.

An unusual procedure

For the NGO The Sentry, the most suspect is the unusual nature of the authorization itself which has nothing specific and especially which was granted on the sly after the defeat of Donald Trump in the elections.

When this type of decision would usually be posted on the US Treasury Department website.

" 

Usually, when it comes to a personality under sanctions, it is a measure taken at the very last minute

," said Brad Brooks-Rubin, director of The Sentry and former lawyer for OFAC.

You allow her to do business again and access the assets that had been frozen, once you have finished all the analysis and already determined that she should be removed from this list.

And even when it is removed from the list, there may be limitations on what assets the sanctioned person can recover.

So it is very unusual for OFAC to give this type of authorization and do it on the sly.

Usually when OFAC authorizes a personality without sanctions to do business again or removes them from the list of entities under sanctions, the information is published on their site, the license is made public to allow everyone to do this type of business is now allowed.

But that this license was granted on the sly and without the public being informed is very problematic and unusual.

 "

Newsletter

Receive all the international news directly in your mailbox

I subscribe

Follow all the international news by downloading the RFI application

google-play-badge_FR

• DRC

• United States