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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 10/11

Missed publishing yesterday, as at Mexican circus until late! So, 2 days’ worth today.

In other news, we are told that the idea of a rival canal across Nicaragua has resurfaced. The recent original plan from 2012-13 saw a Chinese businessman behind the scheme, but that fell through.

https://www.newsroompanama.com/world/the-nicaraguan-canal-idea-to-compete-with-the-panama-canal-surfaces-once-more

10/11 MAY 2024

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MAJOR JAPANESE, US, AND TAIWANESE COMPANIES AMONG MANUFACTURERS SUPPLYING ELECTRONIC COMPONENTS THAT UKRAINE SAYS RUSSIA HAS USED IN WARPLANES

On 11 May, an investigation by RFerl claims that major Japanese, US, and Taiwanese companies rank among the Top 5 manufacturers on a list of more than 2,000 electronic components that Ukraine says Russia has used in 5 types of warplanes it has deployed in its full-scale invasion.

https://www.rferl.org/a/ukraine-russia-warplanes-sukhoi-sanctions-west-investigation/32939831.html

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DEPUTY PM AND CANDIDATE FOR MALTA’S NEXT EUROPEAN COMMISSIONER RESIGNS AS FACING CRIMINAL CHARGES OF FRAUD AND MISAPPROPRIATION

On 10 May, Politico reported that Malta’s Deputy Prime Minister Chris Fearne has resigned from government and ended his candidacy to be the country’s next European Commissioner.

https://www.politico.eu/article/malta-chris-fearne-resign-european-commission-bid

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 9

As detailed beloew, one of the Mossack Fonseca pair has died, just as the court case involving their firm has ended in Panama, as the verdict is awaited. Ramón Fonseca Mora was 71 and came to fame, or infamy, depending on your view, in the wake of the “Panama Papers” leaks.

Meanwhile, another local name facing serious legal action has lost the partial immunity offered by being a National Assembly member for the ruling PRD. The legal protection available for members meant that her current case would have been heard by the Supreme Court, but having lost her seat in the recent election, and not obtained any other qualifying post that might have extended the protection, her case will now be heard by the ordinary court system. The case involved a man arrested in 2009 with 68 kg of gold at Tocumen Airport, the man then hiring the politician and lawyer in 2013 to undertake his defence.

Meanwhile, ratings agency Moody says that the new government will have to deal with the deterioration of the country’s fiscal situation, the closure of the Cobre Panama mine, the reduction of transits through the Canal due to the drought, salaries of public officials and the public pension system. Moody had downgraded Panama’s credit rating in October.

Spent the middle of the day on a lovely near-100 year old sail training vessel of the Spanish Navy. It was interesting to note that she was built to a British design, with Southampton-based naval architects. She was undertaking a round-the-world cruise to mark her centenary. I also noted that a Chilean vessel I was lucky enough to Visit a few years back was built in the 1950s to the same design. I just wonder if some of the many miles of rope aboard the vessel came from the ropery at Chatham, still in operation after some 400 years.

9 MAY 2024



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PANAMA PAPERS LAW FIRM CO-FOUNDER ​​RAMÓN FONSECA MORA DIES IN HOSPITAL

On 9 May, ICIJ reported that Fonseca had been hospitalised since early April, shortly before the start of a trial involving him and 26 others (including Fonseca’s partner in the law firm Mossack Fonseca, Jürgen Mossack) and stemming from the Panama Papers disclosures in 2016.

https://www.icij.org/investigations/panama-papers/panama-papers-law-firm-co-founder-ramon-fonseca-mora-dies-in-hospital

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MONEY LAUNDERING RISKS IN COMMERCIAL REAL ESTATE: AN ANALYSIS OF 25 CASE STUDIES

On 1 May, Global Financial Integrity announced a report which identifies 25 cases in which illegal, allegedly illicit or suspicious funds were funnelled into commercial property in the US over approximately the last 20 years, with a total value of property exceeding $2.6 billion.  14 involved either PEP or oligarchs who typically have especially close relationships with foreign government officials.  It said that weak or non-existent reporting requirements by professions involved in the purchase of commercial real estate contributed to the ease with which illicit funds were laundered.

https://gfintegrity.org/report/money-laundering-risks-in-commercial-real-estate-an-analysis-of-25-case-studies/

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FinCEN ISSUES ADVISORY ON IRAN-BACKED TERRORIST ORGANISATIONS

On 8 May, FinCEN advised that it had issued an Advisory to assist financial institutions in detecting potentially illicit transactions related to Islamic Republic of Iran-backed terrorist organisations.   The Advisory highlights how certain terrorist organisations receive support from Iran and describes several typologies these terrorist organisations use to illicitly access or circumvent the international financial system to raise, move, and spend funds.   These terrorist organisations include Lebanese Hizballah, Hamas, the Palestinian Islamic Jihad, the Houthis, and several Iran-aligned militia groups in Iraq and Syria.   It also provides red flags that may assist financial institutions in identifying related suspicious activity.

https://www.fincen.gov/news/news-releases/fincen-issues-advisory-iran-backed-terrorist-organizations

https://www.fincen.gov/sites/default/files/advisory/2024-05-07/FinCEN-Advisory-Iran-Backed-TF-508C.pdf

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FATF: UPDATED AML/CFT CONSOLIDATED RATINGS

On 7 May, FATF published an updated consolidated schedule of all AML/CFT evaluation ratings to date.

https://www.fatf-gafi.org/content/dam/fatf-gafi/Global-Network/4th-Round-Ratings.pdf.coredownload.inline.pdf

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OFAC HAS REMOVED SBERBANK (SWITZERLAND) AG FROM ITS RUSSIA SANCTIONS LIST

On 8 May, the Global Sanctions blog reported that Sberbank had sold its Switzerland-based subsidiary in September 2022, and it is now renamed TradeXBank.

https://globalsanctions.co.uk/2024/05/ofac-de-lists-sberbank-switzerland-from-russia-sanctions-list/

https://ofac.treasury.gov/recent-actions/20240506

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UNODC LAUNCHES NEW ACTION TO COMBAT HUMAN TRAFFICKING AND MIGRANT SMUGGLING

On 8 May, In Depth News reported that the United Nations Office on Drugs and Crime (UNODC) has decided to launch a global Action against Human Trafficking and Migrant Smuggling.  UNODC will highlight the links between trafficking and smuggling and also other forms of organised crime such as cybercrime, money laundering, drug trafficking, firearms trafficking, and corruption.  A global network of specialised prosecutors to be established by the end of this year will focus on a “follow-the-money” approach to tighten money laundering safeguards and identify links with corruption, and other forms of organised crime.

https://indepthnews.net/unodc-launches-new-action-to-combat-human-trafficking-and-migrant-smuggling/

https://www.unodc.org/unodc/en/press/releases/2024/April/unodc-launches-new-action-to-combat-human-trafficking-and-migrant-smuggling.html

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 7

Firstly, in the district of Balboa today (the old “capital” of the US Canal Zone) saw this new memorial to employees of the Panama Canal who lost their lives in the Covid-19 pandemic. I have not seen or heard of any such memorials elsewhere.

It is reported that First Quantum, owners of the huge copper mine that triggered protests last year, and a move to close it and other such mines in Panama, hope that the new President means it can look forward to talks with Panama’s new government to find a resolution to the dispute.

As a couple of dispute over election results continue (in one case a mayoral seat was won with literally a handful of votes), one independent candidate became the most successful candidate, in terms of the number of votes and proportion of the vote in his district, with nearly 65,000 votes. To achieve this it is said he spent just $10,000…

Finally, on a walk today we wandered past the riot police depot, deliberately, as I wanted to photograph the little men in the depot’s walls…very odd.

7 MAY 2024

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MALTA: FORMER PM JOSEPH MUSCAT AND OTHERS CHARGED WITH MONEY LAUNDERING ETC

On 7 May, the Times of Malta and others reported that Joseph Muscat and ex-minister Konrad Mizzi were to be charged with accepting bribes and corruption; while Chris Fearne and Edward Scicluna to be charged with defrauding the government through deceit.  Several others are also facing charges, including Muscat’s former chief of staff, Keith Schrembri.

https://www.maltatoday.com.mt/news/national/129059/breaking_muscat_to_be_charged_with_money_laundering_bribery_and_corruption

https://timesofmalta.com/article/joseph-muscat-charged-bribery-criminal-association.1092078

https://lovinmalta.com/news/those-who-laugh-last-laugh-loudest-joseph-muscats-first-comment-after-criminal-charge/

https://lovinmalta.com/news/news-politics/joseph-muscat-six-major-scandals-that-echo-his-name/

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OFAC SANCTIONS SENIOR LEADER OF THE LockBit RANSOMWARE GROUP – UK AND ISLE OF MAN DO SO ALSO

On 7 May, OFAC advised that it had designated Dmitry Yuryevich Khoroshev, a Russian national and a leader of the Russia-based LockBit group, for his role in developing and distributing LockBit ransomware.  This designation is the result of a collaborative effort with the DoJ, Federal Bureau of Investigation, the UK NCA and other international partners.   The DoJ has also unsealed an indictment and the UK and Australia are also announcing the designation of Khoroshev.

https://www.gov.im/news/2024/may/07/financial-sanctions-cyber/

https://home.treasury.gov/news/press-releases/jy2326

https://ofac.treasury.gov/recent-actions/20240507

https://assets.publishing.service.gov.uk/media/6639e75174933dccbbb6c2a2/Notice_Cyber_070524.pdf

https://www.theguardian.com/technology/article/2024/may/07/dmitry-khoroshev-named-as-alleged-leader-of-ransomware-gang-lockbit

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SLOVENIA: AML/CFT EVALUATION FOLLOW-UP REPORT

On 7 May, MONEYVAL released the sixth enhanced follow-up report on Slovenia, saying that Slovenia has improved its measures for tackling terrorist financing.  As a result of legislative amendments to the terrorist financing offence, the country has been re-rated on this recommendation from “partially compliant” to “largely compliant”.  Out of the 40 FATF Recommendations, Slovenia currently has 11 Recommendations rated “compliant” and 29 Recommendations rated “largely compliant”.  Slovenia is no longer required to report under MONEYVAL’s 5th round of evaluations. 

https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/slovenia-has-improved-its-criminal-legislation-against-terrorist-financing-says-council-of-europe-body

https://rm.coe.int/moneyval-2023-23-slo-5thround-6thenhfur/1680ae98c9

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GEORGIA: AML/CFT EVALUATION FOLLOW-UP REPORT

On 7 May, MONEYVAL published the second follow-up report on Georgia, saying that Georgia had requested a reassessment of 9 FATF Recommendations contained in its comprehensive 2020 Mutual Evaluation Report.  Georgia is rated “compliant” on 7 Recommendations, “largely compliant” on 22 Recommendations, “partially compliant” on 10 Recommendations, and “non-compliant” on 1 Recommendation.  Georgia will remain in enhanced follow-up and will continue to report back to MONEYVAL on progress to strengthen its implementation of AML/CFT measures.  Georgia is expected to report back within 1 year’s time, in December 2024.

https://rm.coe.int/moneyval-2023-25-ge-5thround-2ndenhfur/1680ae8b8b

https://agenda.ge/en/news/2024/39014#gsc.tab=0

https://civil.ge/archives/604273

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 6

Well, the election is over and, as expected, Mulino won, albeit with a minority result (around 34%), and with a National Assembly with only 13 members from his RM party. In fact, the largest single group is of unattached independents, with 21 members – compared to just 5 following the 2019 election.

https://www.laestrella.com.pa

Apparently, once voting papers are counted they are destroyed by burning…unfortunately it appears that at one polling station officials managed to get things the wrong way around…

I am only glad I was roped into helping with the vote, as my wife, on site for 6 am, did not return home until 2 am the next morning!

6 MAY 2024

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 5

ELECTION DAY 2024

Election day in Panama today, and crowds of people at the 2 polling stations in schoools near us. The newspapers reported that 14% of voters, some 431,000 people, had already voted by 10 am. My wife was in place at the nearest polling station at 6 am. Polls close at 4 pm, after which only allow voters who are in the queue and the members of the respective polling station staff who have not voted where they belong to vote.

After concerns expressed on social media about there being a dress code for voters, with questions about voting in flip-flops and shorts. The Electoral Tribunal has explained that people can dress how they like, and that even those wearing party badges and caps can enter, as long as they do no canvassing etc inside the polling station.

5 MAY 2024

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 4

Election day tomorrow, with a bit of gloom cast by an article by a retired mining engineer explaining how whoever becomes President may be hamstrung by the fallout from the copper mine dispute, if the new Government does not reinstate the project…

A quite day, as wife has to be early tomorrow, as an election observer and having to be on site by 6…

For myself, collected 2 t-shirts, 2 baseball caps and a flag from various candidates’ supporters. Something for my memorabilia draw.

In other news, the Panama Canal is undertaking a small-scale desalination project over 6 months in Colón Province on the Caribbean coast. It is said that the project addresses the need to implement long-term solutions to ensure the quantity and quality of water in the lakes of the Panama Canal, which also supply the population’s fresh water, as well as being needed for the operation of the Canal.

4 MAY 2024

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FATF: METHODOLOGY FOR ASSESSING TECHNICAL COMPLIANCE WITH THE FATF RECOMMENDATIONS AND THE EFFECTIVENESS OF AML/CFT/CPF SYSTEMS

This Methodology was amended in April and sets out the assessment process which focuses on two distinct areas: effectiveness and technical compliance.  The 2013 FATF Methodology for assessing compliance with the FATF Recommendations and the effectiveness of AML/CFT systems and the Procedures for the FATF Fourth Round of AML/CFT Mutual Evaluations will continue to apply to countries being evaluated under the previous round of evaluations and related follow-up processes.

https://www.fatf-gafi.org/content/dam/fatf-gafi/methodology/FATF-Assessment-Methodology-2022.pdf.coredownload.inline.pdf

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 3

Unlike Britain, there does seem to be a hint of election fever here, at least in the media – although I didn’t notice much of it on a trip out today. The US Embassy has asked US citizens in the country to exercise caution when traveling this Sunday, and avoid any demos etc. One hopes that the fact that the sale of alcohol is banned from midday tomorrow until midday on Monday may help to cool the temperature.

At the last moment, the Supreme Court has cleared ex-President Martinelli’s replacement, Mulino, as a candidate; though it criticised the Tribunal Electoral for its actions, accusing it of exercising “undue influence”.

https://www.prensa.com/politica/la-designacion-de-mulino-como-candidato-muestra-una-injerencia-indebida-del-tribunal-electoral-advirtio-la-corte

As well as alcohol being banned, from midnight tonight all political campaigning is prohibited, and there will be no more polls published. The latest poll continues to show Mulino ahead, with the next 3 of the other 8 candidates having ratings roughly equal in total to Mulino’s.

Meanwhile, we are told that 95% of Panamanians residing abroad and registered in the Registry of Voters Residing Abroad (RERE) have voted. Voting is not compulsory here, though it was during the dicatorship years – when they clipped your ID card to show you had voted.

Both CNN and the Guardian in the UK have run features on the election, the latter referring to a “backdrop of social unrest and drought”. Meanwhile, Transparency International refers to an election which “intensifies the ongoing political crisis, fueled by social inequality and corruption protests in recent years”.   Transparency International notes that corruption is a leading concern among voters.

Finally, the latest Covid-19 statistics show a further 45 new cases and 1 new fatality in the 2 weeks to 27 April, and 22 of the 35 active cases being in hospital (though none in the ICU).

On a personal note, visited the former US Army’s Fort Amador, left long more or less derelict, now being developed. It was nice to note that the bars, restaurants and boutique hotel are largely using the original buildings – rather than adopting the usual Panamanian fashion of demolishing a building of character and replacing it with some anonymous edifice that soon begins to look shabby.

3 MAY 2024

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OFAC DELETES 2 MALTA AVIATION COMPANIES AND 7 AIRCRAFT FROM RUSSIA SANCTIONS LIST

On 3 May, OFAC advised that the Malta-based companies and Malta-registered aircraft had been removed from sanctions lists.

https://ofac.treasury.gov/recent-actions/20240503

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UK: AMENDMENT OF 1 ENTRY ON RUSSIA SANCTIONS LIST

On 3 May, a Notice from HM Treasury advised that the existing entry for Sarvar ISMAILOV had been amended.

https://assets.publishing.service.gov.uk/media/6634f0f68603389a07a6d0e8/Notice_Russia_030524.pdf

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US: THE FOREIGN EXTORTION PREVENTION ACT (FEPA)

The Spring edition of the Bulletin of the International Academy of Financial Crime Litigators carried an article about this new US legislation, including a helpful chart comparing it to the FCPA and domestic bribery offences.

https://edit.financialcrimelitigators.org/api/assets/46f2218c-c554-4e0a-9ce3-bccf96d3efcc.pdf

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FATF: UPDATED CONSOLIDATED AML/CFT EVALUATION ASSESSMENTS

On 3 May, FATF published an updated consolidated schedule of all AML/CFT evaluation results to date, following the release of several new MONEYVAL reports – links to which are also provided.

https://www.fatf-gafi.org/en/publications/Mutualevaluations/Assessment-ratings.html

https://www.fatf-gafi.org/en/publications.html

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UK: 6 ISRAELI NAMES ADDED TO HUMAN RIGHTS SANCTIONS LIST

On 3 3 May, a Notice from HM Treasury advised that 4 individuals and 2 entities had been added to its global human rights sanctions list.

https://assets.publishing.service.gov.uk/media/6634d3f174933dccbbb6c24e/Notice_Global_Human_Rights_030524.pdf

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 2

As the election gets even closer, something that is unlikely to have been seen before – a feature article in the Irish Times on the election; or rather on the person not a candidate, but nevertheless dominating it.

Supermarket magnate driving Panama’s politics from embassy storeroom

https://www.irishtimes.com/world/americas/2024/05/02/supermarket-magnate-driving-panamas-politics-from-embassy-storeroom

Meanwhile, the Supreme Court is in the third day of meeting to decide if ex-President Martinelli’s proxy candidate, Mulino, can actually take part in the election. Given that the vote is on Sunday, this all seems a bit late in the day. The claim is that his candidacy is unconstitutional, but we’ll see.

2 MAY 2024

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OFAC TARGETS SANCTIONS EVADERS SUPPORTING KEY HIZBALLAH FINANCIAL ADVISOR

On 2 May, OFAC advised that it had designated 5 individuals for helping US-designated Hizballah money exchanger Hassan Moukalled and his company, CTEX Exchange, evade sanctions and facilitate illicit activities in support of Hizballah.  These individuals, including 2 co-founders of CTEX Exchange and 2 of Moukalled’s sons, operate 2 companies in Lebanon and UAE that are being concurrently designated. 

https://ofac.treasury.gov/recent-actions/20240502

https://home.treasury.gov/news/press-releases/jy2319

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LITHUANIA: FOURTH ENHANCED AML/CFT EVALUATION REPORT

On 2 May, MONEYVAL issued this report.  It says that, since December 2022, Lithuania has improved its national AML/CFT co-ordination framework, particularly in relation to proliferation financing.  FATF Recommendations 6 (targeted financial sanctions related to terrorism and terrorist financing), 7 (targeted financial sanctions related to proliferation) and 28 (regulation and supervision of designated non-financial businesses and professions (DNBP)) were also assessed, however these remained rated Partially Compliant.  Out of the 40 FATF Recommendations, Lithuania currently has:
     •    9 Recommendations rated Compliant
     •    27 Recommendations rated Largely Compliant
     •    4 Recommendations rated Partially Compliant
Lithuania is expected to provide an oral report to MONEYVAL in May 2024, and a written report in December 2024 on further progress made towards strengthening its AML/CFT system. 

https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/anti-money-laundering-and-terrorist-financing-lithuania-has-improved-coordination-and-co-operation-according-to-new-report

https://rm.coe.int/moneyval-2023-22-li-5thround-4thenhfur/1680aec731

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CYPRUS: THIRD ENHANCED AML/CFT EVALUATION FOLLOW-UP REPORT

On 2 May, MONEYVAL issued this follow-up report, saying that, since November 2022, Cyprus has improved the virtual asset service providers (VASP) regime with only a few minor deficiencies remaining.  In addition, several measures to assess terrorism financing risk exposure by the non-profit sector and strengthen oversight activities have been taken, although these have not yet been fully implemented. Whilst FATF Recommendation 8 remains Partly Compliant, the country has been re-rated on Recommendation 15 from Partially Compliant to Largely Compliant.  Overall, Cyprus has made progress in addressing most of the technical compliance shortcomings identified in its 2019 Mutual Evaluation Report.  Out of the 40 FATF Recommendations, Cyprus currently has:

  • 16 Recommendations rated Compliant; and
  • 21 Recommendations rated Largely Compliant Recommendations rated Partially Compliant.

Cyprus has reached the general expectation of having remedied most of the technical compliance deficiencies at the end of its third year of follow up. It is expected to report back by May 2025 to MONEYVAL on further progress made towards strengthening its AML/CFT system.

https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/cyprus-improved-aml-cft-measures-with-respect-to-virtual-asset-service-providers-and-virtual-asset-related-activities

https://rm.coe.int/moneyval-2023-19-cy-3rdenhfur/1680ae8293

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CROATIA: FOLLOW-UP AML/CFT EVALUATION REPORT

On 2 May, MONEYVAL published an enhanced follow-up report.  It says that whilst FATF Recommendations 1, 2, 15 and 24 remain rated Partly Compliant, the country has been re-rated on recommendations 10, 17, 22, 23, 32 and 40 from Partially Compliant to Largely Compliant and from Partially Compliant to Compliant on Recommendation 13.  Overall, Croatia has made progress in addressing the technical compliance shortcomings identified in its 2021 Mutual Evaluation Report. Out of the 40 FATF Recommendations, Croatia currently has:
     •    5 Recommendations rated Compliant
     •    23 Recommendations rated Largely Compliant
     •    12 Recommendations rated Partially Compliant
Croatia remains under MONEYVAL’s enhanced follow-up procedure and is expected to report back  to MONEYVAL on further progress made towards strengthening its AML/CFT system in December 2024.

https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/croatia-strengthened-its-preventive-framework-to-combat-money-laundering

https://rm.coe.int/moneyval-2023-16-hr-5thround-1stenhfur/1680ae8297

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UK: SANCTIONS ENFORCEMENT AND MONETARY PENALTIES GUIDANCE UPDATED

On 2 May, HM Treasury advised that, as well as being re-styled and moved into a digital format, this update communicates a change in policy in how OFSI applies its guidance to cases.  OFSI will now always apply the most recent iteration of its Enforcement guidance to cases.  The guidance now also better explains how we apply and split the ‘case factors’ that OFSI uses to assess suspected breaches of financial sanctions.  It introduces 2 new distinct case factors, “Knowledge, intention and reasonable cause to suspect” and “Cooperation” that were previously included more generally in the guidance. 

https://www.gov.uk/government/publications/financial-sanctions-enforcement-and-monetary-penalties-guidance/financial-sanctions-enforcement-and-monetary-penalties-guidance

 

 

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – MAY 1

Happy May Day, a public holiday here, as in most of Europe, though not in the UK, which moves it to some convenient Monday… Traffic and the city quite quiet today as a result.

The latest data on the avergae food basket shows around 4.5% increase on March 2023, though this is down from the 5.4% recorded in December. Depending on where you shop, apparently, the “basket” varied between $274 and $333. The basket does not include household cleaning or personal care products, nor are other household costs, such as water, electricity and housing.

I’m not sure if such a feature would be run in Britain, but Ellas has published a feature on the would-be first ladies of the Presidential candidates.

1 MAY 2024

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FATF PROPOSED RULES FOR PAYMENTS: BALANCING INTEGRITY AND INCLUSION?

On 1 May, CGAP (a global partnership of more than 30 leading development organisations) published a post on the revision of FATF Recommendation 16 and the “Travel Rule”.  It says that, whatever the final revisions are, they will have a bearing on the accessibility of payments for low-income customers.  It is therefore critical that the financial inclusion community makes its voice heard and supports FATF in this delicate revision – a process that should ideally also be informed by a regulatory impact assessment.

https://www.cgap.org/blog/fatfs-proposed-rules-for-payments-balancing-integrity-and-inclusion

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OFAC FURTHER ACTION ON RUSSIA’S MILITARY-INDUSTRIAL BASE, TARGETING THIRD-COUNTRY SUPPORT WITH NEARLY 300 NEW SANCTIONS

On 1 May, OFAC advised that it is taking action to target Russia’s military-industrial base and chemical and biological weapons programs as well as companies and individuals in third countries that help Russia acquire key inputs for weapons or defence-related production.  The almost 300 targets being sanctioned by both Treasury and the State Department include sanctions on dozens of actors that have enabled Russia to acquire desperately needed technology and equipment from abroad.  Among the actual or potential targets of the sanctions are –

  • foreign financial institutions that conduct or facilitate significant transactions, or provide any service, involving Russia’s military-industrial base;
  • external suppliers for cotton cellulose and its highly flammable byproduct, nitrocellulose, which are key explosives precursors;
  • 3 Russia-based entities and 2 individuals involved in procuring items for military institutes involved in Russia’s chemical and biological weapons programs;
  • 2 Russia-based entities involved in natural gas-related construction projects, Neftegazstroy and Aktsionernoe Obshchestvo Vnipigazdobycha;
  • Russian, Chinese and Hong Kong businesses involved in the Russian UAV procurement network;
  • individuals and entities that are part of the procurement network of Russian defense procurement firm Radioavtomatika LLC and its front company, Novastream Limited, to acquire foreign electronic components;
  • PRC-based entities were designated for operating or having operated in the technology sector of the Russian Federation economy;
  • PRC companies providing support to Russian defence entities;
  • Belgium- and Türkiye-based machine tool procurement networks;
  • Hong Kong-, Slovakia-, and UAE-based electronics procurement networks;
  • The supply chain supporting KAMAZ, Russia’s largest truck manufacturer, one of the world’s top 20 heavy duty truck producers, and a supplier of armoured vehicles to Russia’s military;
  • Russia-Based so-called “sanctioned goods” procurement agents;
  • Evgenii Stanislavich Petrov and what is termed the Petrov procurement network;
  • Yevgeni Aliyev, a procurement agent, and the Aliyev network of intermediaries that places orders on behalf of Russian end-users with close ties to the Russian miliary;
  • Türkiye-based electronics supplierAlpha Impex Ithalat Ve Ihracat Dis Ticaret Limited Sirketi;
  • various individuals in the leadership of Russia-based sanctioned entities;
  • a number of entities, being Russia-based persons designated for operating or having operated in the defence and related materiel sector of the Russian Federation economy;
  • a number of entities, being Russia-based persons designated for operating or having operated in the technology sector of the Russian Federation economy; and
  • 3 entities designated for operating or having operated in the transportation sector of the Russian Federation economy.

OFAC also issued 3 new General Licenses 95 (Authorizing Civil Aviation Safety and Wind Down Transactions Involving Limited Liability Company Aviakompaniya Pobeda), 96 (Authorizing Limited Safety and Environmental Transactions Involving Certain Blocked Persons or Vessels), and  97 (Authorizing the Wind Down of Transactions Involving Certain Entities Blocked on May 1, 2024).

https://home.treasury.gov/news/press-releases/jy2318

https://ofac.treasury.gov/recent-actions/20240501

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UK AML/CFT: SUPERVISION REPORTS 2020-22 AND 2022-23

On 1 May, HM Treasury published a report for 2020 to 2022 on AML/CFT supervision, and one for 2022-23.  They include supervisory and enforcement data on both the Statutory and Professional Body Supervisors, highlighting any notable changes in supervisory activity and any fines that supervisors have issued.  In one report the 2 years have been combined to address delays in reporting that developed during the pandemic and ensure data is available as close to the relevant period as possible.

https://assets.publishing.service.gov.uk/media/6630ac7387bdbae4ab19adca/Supervision_report_final_draft_-_signed.pdf

https://assets.publishing.service.gov.uk/media/6630f2b4120ab0e20c4b9bdb/Final_annual_supervision_report_2022-23.pdf

Previous reports are at –

https://www.gov.uk/government/collections/anti-money-laundering-and-countering-the-financing-of-terrorism-reports

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UK: OFFICE OF FINANCIAL SANCTIONS IMPLEMENTATION (OFSI) INTRODUCES FAQ AS A NEW FORM OF ADDITIONAL GUIDANCE

On 1 May, OFSI advised that the FAQ are designed to offer easily accessible responses to commonplace compliance questions, and should always be viewed alongside existing guidance and legislation, which take precedence.

https://www.gov.uk/government/publications/uk-financial-sanctions-faqs/uk-financial-sanctions-faqs

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – APRIL 30

6 days before the general election, and until the proclamation of the new President is made, control of the National Police, the Naval Air Service, the National Border Service and the Institutional Protection Service transferred to the Electoral Court or Tribunal.

The Presidential candidate for the Social Independent Alternative Party (PAIS), Melitón Arrocha, has announced that he is throwing in his lot with another candidate, Martin Torrijos, and supporting him.

30 APRIL 2024

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EU ADDS 6 NAMES ON DRC SANCTIONS LIST AND AMENDS 2 OTHERS

EU Regulation 2024/1271/EU added 6 individuals recently named by the relevant UN Sanctions Committee, with further information provided for 2 further individuals.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401271

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401240

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UK: 3 UGANDAN NAMES ADDED TO CORRUPTION SANCTIONS LIST

On 30 April, a Notice from HM Treasury advised that 3 individuals from Uganda had been added to the global anti-corruption sanctions list. It sanctioned the speaker of the Ugandan parliament, Anita Among, and 2 high-profile Ugandan lawmakers, targeting corruption in the east African country for the first time with its sanctions regime. The Isle of Man followed suit.

https://assets.publishing.service.gov.uk/media/6630b43d3579e7a8f398a9ba/Notice_Global_Anti-Corruption_300424.pdf

https://www.devdiscourse.com/article/law-order/2922784-britain-sanctions-three-ugandan-officials-under-anti-corruption-laws

https://www.gov.uk/government/news/uk-sanctions-corrupt-politicians-in-uganda-who-stole-from-vulnerable-communities

https://www.gov.im/news/2024/apr/30/financial-sanctions-global-anti-corruption

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – APRIL 29

With the reported large increase in dengue cases in Latin America, particularly in South America, we are told today that the EU is allocating $1.6 million in humanitarian aid to “reinforce the response to the increase in dengue cases” in Guatemala, Honduras, Nicaragua, Panama, Paraguay and Bolivia”. In Central America there have been 56,789 cases of dengue so far this year: Nicaragua has accumulated 17,339 patients; Honduras 13,177, Guatemala, 12,570; Costa Rica, 6,939; Panama, 5,194; and El Salvador, 1,570, according to data from the Pan American Health Organization.

Regardless of the closure of the huge copper mine last year, exports from Panama in the first quarter have shown a significant uptick. Excluding copper, Panamanian exports until March 2024 grew by 13% when compared to the first quarter of 2023. Bananas remained the leading product (cue jokes about “banana republics”), accounted for 15.3% of total exports, followed by frozen shrimp with 10.2%, medicines (antihistamines and antipyretics) with 7.9%, raw teak with 7.3%, iron or steel waste with 5.4% and crude palm oil with 3.8%. The main destinations were: the Netherlands, with $18.8 million; Taiwan, with $15.5 million and the US, with $15.1 million.

29 APRIL 2024

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NEW LAWS TO PROTECT CONSUMERS FROM CYBER CRIMINALS COME INTO FORCE IN THE UK

On 29 April, UK Government Departments advised that regulations enforcing consumer protections against hacking and cyber-attacks take effect, mandating that internet-connected smart devices meet minimum-security standards by law.

https://www.gov.uk/government/news/new-laws-to-protect-consumers-from-cyber-criminals-come-into-force-in-the-uk

See also –

UK: CIRCULARS TO SUPPLEMENT COMMENCEMENT OF THE NEW CRYPTOASSET CIVIL FORFEITURE POWERS IN THE ECONOMIC CRIME AND CORPORATE TRANSPARENCY ACT 2023

On 26 April, the Home Office published Home Office Circulars 2024/04 and 05, intended to ensure consistency in practice by law enforcement agencies in the operation of the new non-conviction based, civil powers for the forfeiture of cryptoassets; and the operation of the new cryptoasset confiscation order powers.

https://www.gov.uk/government/publications/circular-0052024-cryptoasset-forfeiture-provisions/0052024-economic-crime-and-corporate-transparency-act-cryptoasset-forfeiture-provisions-chapters-3c-to-3f

https://www.gov.uk/government/publications/circular-0042024-cryptoasset-confiscation-order-provisions/0042024-economic-crime-and-corporate-transparency-act-cryptoasset-confiscation-order-provisions

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EU AMENDS 19 ENTRIES ON BURMA/MYANMAR SANCTIONS LIST

EU Regulation 2024/1249/EU amended 19 existing entries.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401249

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401250

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EU AMENDS 5 NAMES ON MOLDOVA SANCTIONS LIST

EU Regulation 2024/1243/EU amended 5 existing entries.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401243

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401242

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EU DIRECTIVE ESTABLISHING MINIMUM RULES CONCERNING THE DEFINITION OF CRIMINAL OFFENCES AND PENALTIES FOR THE VIOLATION OF EU SANCTIONS MEASURES

EU Directive 2024/1226/EU is intended to establish minimum rules concerning the definition of criminal offences and penalties for the violation of those EU restrictive measures.  The effective application of restrictive measures necessitates common minimum rules concerning the definitions of criminal conduct violating restrictive measures.  EU restrictive measures include the prohibition of trading, importing, exporting, selling, purchasing, transferring, transiting or transporting goods or services.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 May 2025.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401226

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INTANGIBLE TRANSFERS OF TECHNOLOGY AND SOFTWARE: CHALLENGES FOR THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR)

On 29 April, SIPRI released this report which explores a series of cases of export control violations and cases where the risk of a possible violation was identified involving missile-related intangible transfers of technology (ITT) or software.  The report also develops a typology of violations and identifies associated compliance challenges.  This report explores some of the key challenges that emerge from the case studies, including the increasing reliance on ITT and software, which have become easier and more common, by companies in the aerospace and NewSpace industry sectors and their global supply chains.  The report concludes by offering recommendations for the MTCR to strengthen its efforts to address the proliferation risks posed by ITT and software.

https://www.sipri.org/sites/default/files/2024-04/intangible_transfers_of_technology_and_software_0.pdf

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UK: 1 ENTRY ON ISIL/AL-QAIDA SANCTIONS LIST AMENDED

On 29 April, a Notice from HM Treasury advised that the existing entry for Sanaullah GHAFARI had been amended following a decision of the relevant UN Sanctions Committee.

https://assets.publishing.service.gov.uk/media/662f64572cfa08bb2ee9f901/Notice_ISIL__Da_esh__and_Al-Qaida_290424.pdf

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – APRIL 28

Well, we had some proper rain today. The rainy season does seem to have begun – good news for the Canal.

Mind you, we enjoyed excellent weather yeaterday, for a trip to Colón and back on the train, though there was a heavy downpour later.

One of the problems with early rains seem to be the overloaded, and no doubt clogged, storm drains can’t handle the rainfall, with both Santo Tomas Hospital and the upper market area of San Francisco both being flooded badly recently. Being on a slight hill, it is something that doesn’t worry use.

Today, La Prensa has published information on the 6 men and 2 women, the 6 lawyers and 2 economists who are the 8 Presidential candidates.

https://www.prensa.com/politica/descifrando-a-los-candidatos-presidenciales

28 APRIL 2024

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COMPLIANCE ETC: THINGS YOU MAY HAVE MISSED – APRIL 27

It seems that Panama has said that it has completed the process of cancelling and annulling all metal mining concessions. In November , tit enacted Law 407, a mining moratorium in response to protests.

27 APRIL 2024

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