THINGS YOU MAY HAVE MISSED – FEBRUARY 24

24th February 2018

WHY COMPANIES ARE SCRAMBLING FOR THE ONCE LITTLE-KNOWN ELEMENT COBALT

On 23rd February, CNBC reported that cobalt prices more than doubled in 2017, fuelled in part by demand and investor interest, and rising demand for electrified vehicles could lead to cobalt shortages.  The proliferation of lithium-ion batteries, of which cobalt is a key ingredient, in electronics and electrified vehicles is the chief factor fuelling this rise in price and concerns among companies over the security of their supplies.  Prices for the metal more than doubled in 2017 over the previous year, according to the US Geological Survey.

https://www.cnbc.com/2018/02/23/why-companies-are-scrambling-for-the-once-little-known-element-cobalt.html

AMERICA’S STARMEN ARE SELLING SPACE, BUT WHO’S BUYING?

In the US, Popular Mechanics on 23rd February reported that the emerging US commercial manned spaceflight market may depend on foreign customers — which is a problem, given the way US laws are written.  At issue are the International Traffic in Arms Regulations (ITAR).  Space rockets and military missiles have a lot in common, and for that reason, access to manufacturing facilities and launchpads is limited to citizens and US-based companies.  This makes sense for national security reasons, but it also could limit the marketing of space services.  A company exporting rockets to another nation clearly would be subject to ITAR.  Former NASA official and Space Council executive secretary Scott Pace is to conduct an export control policy review, which is supposed to be completed by January 1st 2019.

https://www.popularmechanics.com/space/rockets/a18672550/bigelow-spacex-boeing-international-market/

SHIPPING FIRM APL AND SHIP CAPTAIN FACE CHARGES IN SINGAPORE CASE

On 23rd February, Hellenic Shipping News reported that shipping line APL and a container ship captain have claimed trial to charges of importing 9 Singapore Armed Forces (SAF) armoured vehicles into Hong Kong without the required licence, Apple Daily HK reported.  The ship was transporting the 9 Singapore-made Terrex infantry carriers back to Singapore after a military exercise in Taiwan in November 2016.  The ship stopped in Hong Kong on Nov 23rd 2016, without an import licence and Customs officials to seize the Terrex vehicles.  Generally, cargo in transit does not require an “import or export licence”.  But such a licence is required for certain types of strategic commodities.  The Terrex vehicles were kept in a Customs indoor storage facility during investigations.  They were returned to Singapore 2 months later.

http://www.hellenicshippingnews.com/shipping-firm-apl-ship-captain-claim-trial-to-charges-in-terrex-case/

PUBLIC REPORTING ON CAMBODIA GARMENT FACTORIES

On 23rd February, Just Style reported that public reporting of critical issues at Cambodian garment factories is continuing to provide positive results, according to a recent report, with almost half of the factories now compliant on critical issues.

https://www.just-style.com/analysis/public-reporting-continues-to-improve-cambodia-factories_id132926.aspx

ABLV BANK CHIEF COMPLIANCE OFFICER QUITS AMID MONEY LAUNDERING PROBE

Compliance Week on 23rd February reported the resignation of its chief compliance officer, Aleksandrs Pāže, as the fallout following FinCEN’s statement about the bank on 13th February.

https://www.complianceweek.com/blogs/enforcement-action-grapevine/ablv-bank-chief-compliance-officer-quits-amid-money-laundering#.WpEjs0x2tZU

GUATEMALA EX-PRESIDENT FACES CHARGES OVER $35 MILLION GRAFT CASE

Telesur on 24th February reported that former Guatemalan President Alvaro Colom and 11 of his officials face charges of fraud and embezzlement for allegedly participating in a complex corruption scheme involving public transportation, the Prosecutor’s Office said.

https://www.telesurtv.net/english/news/Guatemala-Ex-President-Faces-Charges-over-35M-Graft-Case-20180224-0002.html?src=ilaw

IRELAND: CAB SEIZES LUXURY CARS, CASH AND WATCHES IN 39 RAIDS ON SENIOR CARTEL MEMBER

The Herald in Ireland on 24th February reported that a convicted armed robber, Ross Browining, 34, who has become one of the Kinahan cartel’s main Dublin operators was the primary target of the Criminal Assets Bureau (CAB) when it raided nearly 40 homes and businesses nationwide yesterday. The CAB, supported by national and local garda units, searched properties in 4 counties as part of a massive investigation.

https://www.herald.ie/news/cab-seizes-luxury-cars-cash-and-watches-in-39-raids-on-senior-cartel-member-36638359.html?src=ilaw

UK NATIONAL DISCLOSURE IMPROVEMENT PLAN

https://www.cps.gov.uk/sites/default/files/documents/publications/National-Disclosure-Improvement-Plan-January-2018.pdf

US CRACKDOWN ON BUSINESS TRAVELERS FROM VISA WAIVER COUNTRIES

On 23rd February, Foley Hoag published an article saying that the Trump administration has also started to crack down on visitors who overstay their 90-day period covered by the programme.  It will evaluate the countries that have high rate of overstay (2% or higher), and launch a public awareness campaign on consequences of overstays.  DHS reports that only 4 countries so far will be required to conduct this education campaign: Greece, Hungary, Portugal and San Marino.  The Visa Waiver Program (VWP) allows citizens of 38 countries to travel to the US for business or pleasure without having to obtain a formal visa by obtaining a pre-clearance known as Electronic System of Travel Authorization (ESTA).  The ESTA registration is valid for 2 years and allows stays of up to 90 days per visit.

https://www.jdsupra.com/legalnews/crackdown-on-business-travelers-from-64855/

LA DEVELOPER CHARGED WITH FUNNELLING CASH TO POLITICIANS

Law 360 on 23rd February reported that Samuel Leung, 68, the developer of a controversial $72 million Los Angeles apartment project was charged with illegally using straw donors to funnel nearly $200,000 to 8 local politicians while seeking a change to the zoning of his property in the Harbor Gateway neighbourhood and allegedly reimbursed acquaintances after he told them to donate to the campaign of Mayor Eric Garcetti as well as council members from the industrial district, according to California state court filings.

https://www.law360.com/articles/1015939

SAUDI CUSTOMS FOIL ATTEMPT TO SMUGGLE 42 SUICIDE BOMBER DOLLS

Customs Today on 24th February reported that a bid to smuggle in children’s dolls with fake explosive belts strapped to their waists has been foiled by the Saudi Customs Authority.

http://www.customstoday.com.pk/saudi-customs-foil-attempt-to-smuggle-42-dolls-with-bombs/

US SUPREME COURT TAKES ON MICROSOFT WARRANT ROW

Law 360 on 23rd February reminded one that the US Supreme Court is gearing up to hear arguments on 27th February in a high-stakes fight over the federal government’s ability to access data stored abroad by Microsoft, and that it is expected that the Court will focus on a range of thorny legal and public policy issues in their quest to decide the close question of whether privacy rights or law enforcement needs should prevail.

https://www.law360.com/articles/1015664

NEW TERRORIST GROUPS WILL LOSE OUT IN EGYPT’S MARKET OF VIOLENCE

Chatham House on 23rd February published an article saying that the UK and US authorities have recently listed 2 Egyptian groups, Hassm and Lewaa al-Thawra, as terrorist organisations.  Hassm, an abbreviation for ‘The Arms of Egypt Movement’ (established in July 2016), and Lewaa al-Thawra, which translates as ‘The Banner of the Revolution’ (formed in August 2016), have claimed responsibility for several operations targeting Egyptian security and religious figures.  Although some of the members of these 2 groups were previously associated with the Egyptian Muslim Brotherhood, the groups reject any organizational ties to the Brotherhood.  The article concludes that their distinct approach will struggle to gain followers, in part because there is currently fierce competition between the 2 main jihadi groups active in Egypt, ISIS and Al-Qaeda, to attract Muslim Brotherhood youth to their ranks.

https://www.chathamhouse.org/expert/comment/new-groups-will-lose-out-egypts-market-violence

GUNS IN HONDURAS/EL SALVADOR TRACED BACK TO US

On 24th February, Sarah Kinosian, an independent journalist covering Mexico and Central America, tweeted that in Honduras and El Salvador, nearly 50% of guns found and traced in 2016 came from the US, according to ATF (the “traced” is extremely low compared to firearms in circulation, so it is likely higher.)

https://twitter.com/skinosian

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SENTINELS, SAEQEHS AND SIMORGHS: AN OPEN SOURCE SURVEY OF IRAN’S NEW DRONE IN SYRIA

On 13th February, Bellingcat published an analysis of the drones used, or said to have been used, in Syria and/or originating in (or copied by) Iran.

https://www.bellingcat.com/news/mena/2018/02/13/sentinels-saeqehs-simorghs-open-source-information-irans-new-drone-syria/

FORMER TOP UZBEK PROSECUTOR DETAINED ON GRAFT CHARGES

On 24th February, Rferl reported that Uzbek authorities say the country’s former prosecutor-general, Rashidjon Qodirov, is being investigated for alleged extortion, bribery, and abuse of office.  Qodirov is the latest in a series of top government officials who have been caught up in an apparent purge by the administration of President Shavkat Mirziyoev.  2 other former prosecution officials, who worked under Qodirov, were also arrested.

https://www.rferl.org/a/uzbekistan-prosecutor-qodirov-detained-graft/29060744.html?src=ilaw

LATVIAN BANK LINKED TO NORTH KOREA MONEY LAUNDERING ORDERED CLOSED

On 24th February, UPI reported that the European Central Bank announced it plans to close ABLV Bank, linked to claims of money laundering involving North Korea.  It said Latvia’s third-largest lender was failing or likely to fail and its assets will be wound up, meaning they will liquidated, and they will be taken over by the laws of Latvia and Luxembourg, where one branch is located.

https://www.upi.com/Top_News/World-News/2018/02/24/Latvian-bank-linked-to-N-Korea-money-laundering-ordered-closed/3631519496638/?src=ilaw&utm_source=sec&utm_campaign=sl&utm_medium=1

WHAT HAPPENED AFTER THE US MOVED TO CHIP-EMBEDDED PAYMENT CARDS?

On 24th February, ARS Technica published an article that says that, much later than European states, the US began its transition to chip-based credit cards in earnest in October 2015.  It reports that, according to Visa, although only 59% of US storefronts have terminals that accept chip cards, fraud has dropped 70% from September 2015 to December 2017 for those retailers that have completed the chip upgrade.  It says that, obviously, chip cards cannot prevent against Card-Not-Present (or CNP) fraud, which takes place when card information is stolen online, by mail, or over the phone. If retailers upgrade to terminals that accept chip-embedded cards but leave their online marketplaces insecure, they can still leave customers open to fraud and leave themselves open to processing fraudulent payments.

https://arstechnica.com/information-technology/2018/02/in-2015-chip-cards-were-rare-in-the-us-three-years-later-slow-progress/?src=ilaw

SWISS WHISTLEBLOWER ALERTS INCREASE BY A THIRD

Swissinfo reports on 24th February that a total of 122 alerts were received by the federal authorities in 2017, 44 more than the previous year.  The increase has been attributed to the introduction of an online platform for reporting irregularities and corruption.  The article tells us that, since June 2017, whistleblowers – federal employees or private individuals – can report suspected irregularities on a dedicated online platform anonymously, securely and without furnishing proof.  The only condition is not to breach the trust or obligation of diligence towards an employer, for example by communicating with the press.

https://www.swissinfo.ch/eng/online-platform_swiss-whistleblower-alerts-increases-by-a-third/43925616?src=ilaw

SMUGGLED SHISHA TOBACCO WAS WORTH £290,000 IN DUTY

This is Local London on 24th February reported on the case of a man from Hayes, Company director Harmit Singh, 43, who evaded nearly £300,000 in tax on a shipping container loaded with shisha tobacco from India through Felixstowe and have it delivered to an address in Southall, was given a suspended jail sentence.  Investigators searched his house and found paperwork which showed his company, SS Importers (UK) Limited, had been selling and distributing shisha tobacco in the UK.

http://www.thisislocallondon.co.uk/news/16045677.Shipping_firm_boss_from_Hayes_gets_two_years_for_tax_evasion/

IRISH GAELIC ATHLETIC ASSOCIATION BANS ALL GAMBLING SPONSORSHIP

On 24th February, Calvin Ayre reported that Ireland’s top amateur sporting organisation, the Gaelic Athletic Association (GAA), has overwhelmingly voted to prohibit all sponsorship by betting companies.  At its annual congress delegates voted to ban “sponsorship by a betting company of any competition, team, playing gear or facility”.  It also voted to prohibit the brand of any sponsor – gambling or otherwise – from being “allowed on clothing and gear of match officials.”

https://calvinayre.com/2018/02/24/business/gaelic-athletic-association-bans-betting-sponsorship/

 OVER 40 SHOULD FACE TRIAL FOR SOUTH SUDAN ATROCITIES, UN TEAM SAYS

On 23rd February, the New York Times carried an article saying that more than 40 senior military officers and officials in South Sudan should be prosecuted on charges of war crimes and crimes against humanity, a UN commission reported, citing harrowing witness testimony and thousands of documents tying them to mass atrocities in the country’s 4-year civil war

CHINA “EXPORTS BARELY ANY FUEL TO NORTH KOREA” IN JANUARY: CUSTOMS

Customs Today on 24th February reported that official data from the General Administration of Customs showed China exported barely any fuel to North Korea in January, with a fourth straight month of no diesel, gasoline or fuel oil shipments. China has traditionally been the main source of North Korea’s fuel. The only oil product sent to North Korea was 201 tonnes of liquefied petroleum gas (LPG).  The export breakdown by product comes after data showed trade with North Korea fell to the lowest level in dollar terms on records going back to June 2014.

http://www.customstoday.com.pk/china-exports-barely-any-fuel-to-north-korea-in-january-customs/

LAW SOCIETY SEEKS VIEWS ON DISCLOSURE FAILURES & UK NATIONAL DISCLOSURE IMPROVEMENT PLAN

LAW SOCIETY SEEKS VIEWS ON DISCLOSURE FAILURES

On 24th February, the Law Society Gazette reported that the Law Society wants to hear from solicitors in the UK about disclosure failures that have or could have led to miscarriages of justice, as the Commons justice select committee begins its inquiry into the disclosure of evidence in criminal cases.  It also mentions that, in January, the CPS, National Police Chiefs’ Council and College of Policing published a 9-page national disclosure improvement plan, which said in a foreword to the report that disclosure issues are ‘systemic and deep-rooted’.

https://www.lawgazette.co.uk/law/society-seeks-views-on-disclosure-failures/5064982.article

UK NATIONAL DISCLOSURE IMPROVEMENT PLAN

https://www.cps.gov.uk/sites/default/files/documents/publications/National-Disclosure-Improvement-Plan-January-2018.pdf

BELARUS: EU REGULATION PROVIDES DEROGATION FOR BIATHLON WEAPONS

EU Regulation 2018/275/EU amended Regulation 765/2006/EC to provide for a derogation w.e.f. 23rd February for the export to Belarus of certain types of small-calibre sporting rifles, small-calibre sporting pistols and small-calibre ammunition, and from the ban on assistance or services related thereto, while recognising that the export of such equipment should be limited.  A licence would still be required, and Member States have to inform the Commission.

See also EU Council Decision 2018/280/CFSP.

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.054.01.0001.01.ENG&toc=OJ:L:2018:054:TOC

TASK FORCE POINTS OUT GAPS IN PANAMA MONEY LAUNDERING LAWS

Insight Crime reported on 23rd February that although Panamanian authorities have made progress in combating money laundering, the country’s laws continue to make it an attractive destination to conceal revenue from illegal activities.  The report is based on the results of an investigation conducted by the Latin America FATF (Grupo de Acción Financiera de Latinoamérica – GAFILAT) after a visit to Panama in May 2017.  GAFILAT concluded that Panama is more vulnerable to foreign illicit revenue streams than domestic ones. The group also found that drug trafficking, contraband and other illicit activities related to organised crime provide key sources of illicit revenue entering the country’s financial system.  One of the biggest challenge that authorities face is that tax crimes are not classified as predicate offenses for money laundering, which affects the prevention and investigation of the crime because it inhibits the authorities’ ability to track and seize illicit revenue.  The most vulnerable sectors to money laundering are free trade zones, real estate and banking and corporate services, and the evidence of effectiveness are scarce.  The report found that 730,000 Panamanian businesses considered to be at “high risk” of participating in money laundering, supervision of these entities is low, and that most of them are still active.

https://www.insightcrime.org/news/brief/task-force-points-gaps-panama-money-laundering-laws/

FATF MUTUAL EVALUATION REVIEW REPORT ON BARBADOS

On 21st February, FATF published the results of the mutual evaluation review of the AML/CFT regime in Barbados, where the on-site inspection took place in December 2016.  On the essential 11 Immediate Outcomes of effectiveness, Barbados scored “Moderate” or “Low”.  Amongst the key findings, the report said that –

  • The 2016 National Risk Assessment (NRA) undertaken by the country failed to comprehensively identify national ML/TF threats and vulnerabilities and critically there was limited analysis of terrorist financing (TF) risk, transparency of legal persons and arrangements, and the risks associated with Trust and Corporate Service Providers (TCSP) and cross border cash movements;
  • Gaming institutions are not casinos and are not currently regulated and supervised for AML/CFT purposes. To date a risk assessment of this sector has not been conducted;
  • The supervision of the DNFBP sector appears disjointed and to a certain extent ad hoc;
  • The relevant agency has not been able to satisfactorily demonstrate to the Assessors that it has been able to effectively supervise the international business sector and TCSP in particular;
  • It is evident that supervisors generally are not applying the full range of available sanctions for non-compliance by financial institutions and DNFBP with AML/CFT requirements;
  • Across the insurance and securities sectors, not all financial institutions have a good understanding of the ML/TF risks to which they are exposed and therefore have not yet implemented appropriate ML/TF risk mitigation controls;
  • TCSP lacked an understanding of their ML/TF risk exposure and therefore have not implemented appropriate ML/TF risk mitigation controls;
  • the legal obligation to report ‘attempted or aborted transactions’ is not discharged by all reporting entities;
  • there is no evidence that the FIU conducts strategic analysis;
  • There is no efficient feedback system from the FIU to the reporting entities when SAR are submitted, and additionally, there is limited feedback from law enforcement and competent authorities to the FIU on the usefulness of the financial intelligence the FIU provides;
  • ML charges are not pursued as primary offences. Priority is placed on the prosecution of predicate offences;
  • There is no designated asset recovery direction or cash seizure provisions;
  • Barbados has recorded no investigations, prosecution or convictions for TF; and
  • Barbados has disclosed that it will not be implementing terrorist financing provisions of the relevant UN Resolution.

http://www.fatf-gafi.org/media/fatf/documents/reports/mer-fsrb/MER-Barbados.pdf