AND MORE THINGS YOU MAY HAVE MISSED – MAY 17

17th May 2018

RETURN OF THE SANCTIONS: “BANKS SHOULD STEER CLEAR OF THE CENTRAL BANK OF IRAN”

The National Interest on 16th May reported that the US Treasury had designated 2 networks that had “procured and transferred millions in U.S. dollar-denominated bulk cash” for the Islamic Revolutionary Guard Corps Quds Force (IRGC-QF).  The lynchpin of both schemes was the Central Bank of Iran (CBI).  Whilst coming in the wake of President Donald Trump’s decision to withdraw from the JCPOA, the actions, however, were tied to existing counterterrorism sanctions, not the nuclear sanctions affected by the agreement.  As part of the second set of sanctions, the department also took the unprecedented step of designating the head of the CBI.

http://nationalinterest.org/feature/return-the-sanctions-banks-should-steer-clear-the-central-25853

MIDDLE EAST DRONE WARS HOT UP AMID SURGE IN ARMED UAV SALES

Middle East Eye reported on 16th May that the number of states deploying armed drones has quadrupled in the past 5 years and is set to double in the next 2 years, according to a new report.  At least 7 Middle East states now operate indigenous armed drones or have launched strikes from armed drones imported from China.  Countries that currently operate drones include Iran, Turkey, Iraq, Saudi Arabia, UAE, Israel and Egypt.  As recently as 2013 just 3 countries – UK, US and Israel – operated armed drones.  The main international agreement controlling the proliferation of drones, the Missile Technology Control Regime (MTCR), is coming under increasing pressure from the US defence industry and voices within the Trump Administration.  It reports that last month, the US State Department loosened restrictions on the marketing and the sale of armed drones by US firms, after complaints that many of Washington’s allies and top defence customers were turning to Chinese or Russian made drones due to strict US export rules.  Some non-state militant groups, including Islamic State, the PKK, Hezbollah, Hamas, Yemeni Houthis have also deployed weapons-carrying unmanned aircraft.  A drone researcher is quoted as saying that many of these drones effectively toys, yet can also be used as a very effective weapon of war, and that drones should potentially be considered dual-use items and controlled in a similar way to other defence technologies, but considering how small and cheap these drones are, it will be very difficult, if not impossible, to control their proliferation into other conflict areas.

http://www.middleeasteye.net/news/middle-east-drone-wars-hot-amid-surge-armed-uav-sales-1980204736

US EXPORT REFORM TRIGGERS GUN, AMMO CONTROL SHIFT

American Shipper on 16th May carried a short piece highlighting the news that the US Commerce Department’s Bureau of Industry and Security (BIS) and State Department’s Directorate of Defense Trade Controls (DDTC) had posted proposed rules to transfer certain items from US Munitions List (USML) categories to the Commerce Control List (CCL).  The move would affect Categories I (firearms, close assault weapons and combat shotguns); II (guns and armament); and III (ammunition/ordnance).  Firearms and related articles inherently for military end use or that aren’t widely available in retail outlets will remain subject to State Department export licensing controls, a State Department spokesperson said.  The proposed rules would switch all non-automatic and semi-automatic firearms from the USML to the CCL, and the USML will continue to control all fully automatic firearms, including guns up to .50-calibre, guns at .50-calibre and above and shotguns, a State official said.  The USML also will still control silencers, sound suppressors and mufflers, as well as large parts and components for automatic weapons that are the functional part for the weapon itself, including barrels, receivers, bolts, bolt carriers, slides and gears, for both automatic firearms and firearms using caseless ammunition, the official said.

https://www.americanshipper.com/main/news/export-reform-triggers-gun-ammo-control-shift-71392.aspx?source=Big4

HONG KONG CUSTOMS SEIZES SUSPECTED SMUGGLED BIRD NEST

7th Space on 16th May reported that Hong Kong Customs had seized about 12 kg of suspected smuggled bird nest with an estimated market value of about $640,000.  Customs officers intercepted an outgoing private car and seized the batch of suspected smuggled bird nest underneath the passenger seats and in the boot of the private car.

http://7thspace.com/headlines/541391/hong_kong_customs_seizes_suspected_smuggled_bird_nest.html

THE ANTI-AVOIDANCE FRAMEWORK IN BELGIUM

On 10th January, Loyens & Loeff published a structured guide to anti-tax avoidance legislation and regulation in Belgium.  This is available through the free Lexology website.

https://www.lexology.com/navigator#!results/616/view

CONVERTING YOUR CHARITABLE COMPANY TO A CIO

On 14th May, Wrigleys Solicitors LLP published an article on the possible pros and cons of using the new process to convert your charitable company to a charitable incorporated organisation (CIO).  It starts by explaining that CIO were introduced in the UK in 2013 as a specially designed corporate vehicle for use by charities only.  They enjoy the benefit of limited liability, whilst only having one regulator (the Charity Commission), unlike charitable companies which report both to Companies House and the Charity Commission.  A CIO can be either a foundation CIO (the trustees are the same people as the members) or an association CIO (where the membership is wider than its trustees). In contrast to a charitable company, CIO impose a duty on their members to act in a way which furthers the interests of the CIO.

https://www.wrigleys.co.uk/news/charity-social-economy/converting-your-charitable-company-to-a-cio/

ANTI-CORRUPTION & BRIBERY IN THE UK

On 17th April, Dechert LLP produced a structured guide to bribery and anti-corruption legislation, regulation and enforcement in the UK.  This is available through the free Lexology website.

https://www.lexology.com/library/detail.aspx?g=b4fc3f99-4168-4884-a4c3-d0ed3f7ff3f0

SINGAPORE MAN JAILED FOR FRAUD USING MINISTER’S NAME

On 17th May, Channel News Asia reported that Reichie Chng Teck Kiam, 51, has been jailed for 8 years for various cheating, forgery and money laundering offences involving more than S$1.4 million.  He created fake WhatsApp conversations using the name of Education Minister Ong Ye Kung, to make his victims believe that the scheme they were investing in – a legal moneylending business promising monthly returns of 3% to 8% – was legitimate.  He pleaded guilty to 30 charges for offences including cheating, committing forgery to cheat others, money laundering and obtaining a personal loan while he was an undischarged bankrupt.
https://www.channelnewsasia.com/news/singapore/reichie-chng-ong-ye-kung-grassroots-volunteer-jailed-10242482

CYBERLAUNDERING FUNDS TERROR AND FLOODS INTERNET WITH FAKE TRANSACTIONS

On 17th May, the Guardian carried an article saying that digital laundering is expected to double by 2020 with rise of cashless society and UN anti-crime chief says it must be tackled.  It mentions such examples as £2,000 fake e-books on Amazon and phony listings on Airbnb, as well as ghost journeys on Uber and in-game currencies on video games.  It says that around £200 billion, 10% of the estimated $2 trillion laundered annually, is cyberlaundered today.  By 2020 the proportion laundered digitally v traditional cash methods is expected to double, as economies become increasingly cashless.  It mentions that “microlaundering” is the most obvious way to circumvent PayPal’s payment limits, saying that you just run thousands of payments through various accounts and thus it’s almost impossible to detect.

https://www.theguardian.com/technology/2018/may/17/cyberlaundering-funds-terror-internet-fake-transactions-cashless-society

UK LAW FIRM ACCUSED OF FAILINGS OVER AZERBAIJAN LEADER’S DAUGHTERS’ OFFSHORE ASSETS

The Guardian on 16th May claimed that solicitors Child & Child set up secret company in BVI and claimed Leyla and Arzu Aliyev had no political connections.  The Solicitors Regulation Authority (SRA) said it had referred Child & Child’s senior partner, Khalid Sharif, to the Solicitors Disciplinary Tribunal Sharif re allegations that he failed to ascertain whether the 2 sisters were “reportedly linked with the proceeds of crime” or were “politically exposed persons (PEP)”.  This is the first time the SRA has taken action against a firm implicated in the Panama Papers.

https://www.theguardian.com/world/2018/may/16/uk-law-firm-accused-of-failings-over-azerbaijan-leaders-daughters-offshore-assets

US REGULATORS FINE CHINA’S ICBC BANK $6.1 MILLION FOR AML OVERSIGHT FAILURES

On 16th May, Reuters reported that the Industrial and Commercial Bank of China Financial Services agreed to pay $5.3 million to settle charges by the Financial Industry Regulatory Authority that it did not have adequate AML systems in place to monitor and detect suspicious transactions.  Separately, the SEC said that ICBC’s financial services unit agreed to pay an $860,000 fine for problems also related to its AML policies, including failing to file suspicious activity reports.  This is the latest in a string of regulatory probes or fines by US and European regulators over AML and KYC controls by Chinese banks.

https://www.reuters.com/article/usa-icbc-finra/us-regulators-fine-chinas-icbc-61-mln-for-oversight-failures-idUSL2N1SN130

FORMER HONG KONG MINISTER PATRICK HO’S ATTEMPT TO FEND OFF BRIBERY CHARGES FACES REBUTTAL IN US COURT

The South China Morning Post on 16th May reported on the ongoing trial, saying that lawyers for defence say their client was not read his rights and prosecutors were taking too long sifting through emails. The prosecutors disagree.  Hong Kong’s home affairs secretary from 2002 to 2007, was arrested at John F Kennedy International Airport last November and a month later was charged on 8 counts – 3 of money laundering and 5 of violating the Foreign Corrupt Practices Act (FCPA) by offering US$2.9 million worth of kickbacks to government officials in Africa.  The kickbacks, it is alleged, were intended to help secure oil rights in Uganda and Chad for a Shanghai-based energy firm he represented.

http://www.scmp.com/news/hong-kong/hong-kong-law-and-crime/article/2146455/former-hong-kong-minister-patrick-hos-attempt

INCOMPLETE DATA OF 50,000 UK BUSINESSES COULD LAND DIRECTORS IN PRISON

Business Matters on 16th May reported that 57,2271 UK businesses are not yet compliant with new regulations that mean they must declare those people with significant control (PSC) over each business.  The rules surrounding PSC were tightened in June last year following their introduction in April 2016, with every UK company now legally obliged to maintain a register of PSC and to record this information with Companies House within 14 days.  PSC are those who own at least 25% of a company’s shares or finances, who control at least 25% of its voting rights, or have control over appointments to the board of directors.

http://www.bmmagazine.co.uk/news/incomplete-data-of-50000-uk-businesses-could-land-directors-in-prison/

CRACKDOWN BEGINS ON ESTATE AGENTS WHO IGNORE BRIBERY, CORRUPTION AND MONEY LAUNDERING

The Negotiator on 16th May reported that the Royal Institute of Chartered Surveyors (RICS) to require agents to adopt ‘personal statement’ including promise to report fellow agents breaking law, and sporting donations.  The ‘professional statement’ they will need to sign up to which will now be consulted on until the end of July.  It will require estate agents to report any breaches by other agents of anti-bribery and corruption laws and to say if they receive charity sponsorship donations from suppliers that could be construed as a bribe.  Once the consultation is finished, the new ‘Professional Statement’ will be adopted by member agents and branches to minimise their exposure to the risk of bribery, corruption, money laundering and terrorist financing during their day-to-day activities.

https://thenegotiator.co.uk/crackdown-agents-ignore-money-laundering/

WHAT IS A “ROUTED EXPORT TRANSACTION”?

An article from Shipping Solutions poses this question.  It appears that a routed export transaction occurs when the foreign buyer of the goods (and not the seller) contracts with a freight forwarder or other agent to export the merchandise from the US.  Why is this important?  Because it impacts who is required to file the electronic export information (EEI) through the Automated Export System (AES) when required by the US Foreign Trade Regulations.  The website offers more details and a free downloadable white paper to explain the background and reasons for care.

https://www.shippingsolutions.com/blog/what-the-heck-is-a-routed-export-transaction

LEGAL PRIVILEGE IN TAX AVOIDANCE DISPUTES

Out-Law on 9th May published an article saying that in UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HMRC where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘unco-operative’.  It warns that if care is not taken the taxpayer may inadvertently waive privilege through its conduct, and HMRC may become entitled to see the privileged advice despite a taxpayer’s objection to disclosing it.  Legal advice privilege (LAP) applies to confidential communications between client and lawyer concerning the seeking or giving of advice.  Material covered by LAP does not have to be disclosed to HMRC.  It is fair to say that HMRC does not always look favourably on a taxpayer asserting LAP in alleged avoidance cases and it is common for HMRC to ask the taxpayer to agree to waive privilege, in the ‘spirit of co-operation’.  The article cautions that, thilst the tribunal will not be entitled to draw an adverse inference where a taxpayer properly asserts LAP, if non-disclosure leaves the taxpayer with an evidential gap regarding its intentions, its case may be placed on a considerably weaker footing.

https://www.out-law.com/en/articles/2018/may/privilege-in-tax-avoidance-disputes/

THE UK SHOULD PROACTIVELY TACKLE CORRUPTION IN CENTRAL GOVERNMENT, SAYS INTERNATIONAL WATCHDOG

The Council of Europe on 17th May reported that the UK has a wide range of standards and procedures to help tackle corruption in central government and law enforcement agencies, according to the Council of Europe’s Group of States against Corruption (GRECO), but a number of shortcomings remain.  GRECO notably encourages the UK authorities to be more proactive in tackling corruption in central government, rather than reacting to problems as they arise.

https://www.coe.int/en/web/portal/-/the-uk-should-proactively-tackle-corruption-in-central-government-says-international-watchdog

https://www.gov.uk/government/news/greco-uk-5th-round-evaluation-report-published

NUCLEAR WASTE: EU COMMISSION REFERS AUSTRIA, CROATIA AND ITALY TO COURT FOR FAILING TO NOTIFY NATIONAL PROGRAMMES

On 17th May, an EU news release advised that the European Commission has decided to refer Austria, Croatia and Italy to the Court of Justice of the EU for failure to notify their final national programmes for the management of the spent fuel and radioactive waste, as required under the Spent Fuel and Radioactive Waste Directive.  This type of waste is also the by-product of the non-power use of nuclear and radiation technologies, such as research in science and various medical applications.  It is a priority for the Commission to ensure that the highest safety standards for radioactive waste and spent fuel management are in place.

http://europa.eu/rapid/press-release_IP-18-3448_en.htm

ONLINE GAMBLING TAX RISE TO OFFSET FOBT STAKE CUT

On 17th Accountancy Daily reported that the UK government’s decision to cut the maximum stakes on fixed odds betting terminals (FOBT) from £100 to £2 is likely to result in a hit to the estimated £450 million tax take from the machines each year, with HM Treasury looking to increase taxes on online gambling to address the shortfall.  There are over 33,600 FOBT in use in the UK, each of which take more than £53,000 from gamblers per year.  HM Treasury takes an estimated £450 million a year in machine gaming duty from FOBT, with a 25% levy on the total of £1.8 billion a year that goes through the machines.  In a statement the government said that to cover any negative impact on the public finances, and to protect funding for vital public services, this change will be linked to an increase in remote gaming duty, paid by online gaming operators, at the relevant Budget.

https://www.accountancydaily.co/online-gambling-tax-rise-offset-betting-terminal-stake-cut

http://www.igamingbusiness.com/news/uk-cut-fobt-stake-2-and-raise-remote-tax

https://www.gov.uk/government/news/government-to-cut-fixed-odds-betting-terminals-maximum-stake-from-100-to-2

The Government response to the consultation on proposals for changes to Gaming Machines and Social Responsibility Measures is also available –

https://www.gov.uk/government/consultations/consultation-on-proposals-for-changes-to-gaming-machines-and-social-responsibility-measures

UK – EMBARGOES AND SANCTIONS ON IRAN

On 15th May, the FCO and others published further updated guidance.

https://www.gov.uk/guidance/sanctions-on-iran

CANADA: EXCISE DUTY GUIDANCE AND LICENCE APPLICATIONS FOR CANNABIS PRODUCERS

On 17th May, Blake Cassels and Graydon published an article saying that on May 14th the Canada Revenue Agency (CRA) published its first guidance for cultivators, producers and packagers of cannabis products, as well as the application forms for excise duty licences and the cannabis excise stamping regime.  The CRA has also committed to publishing at least one additional excise duty notice to explain how the proposed additional cannabis duty, which is imposed on behalf of the provinces, would be administered.

https://www.jdsupra.com/legalnews/cra-publishes-excise-duty-guidance-and-36314/

ITALY: LIVE VAT INVOICING UPDATE

On 14th May, VAT Live reported that the Italian tax authorities have issued further details on the real-time VAT invoicing regime in Italy to be introduced from 1st January 2019.  Known as SdI, this will require all resident and non-resident VAT payers to electronically submit sales invoice to the authorities before they are then sent to customers.

https://www.vatlive.com/vat-news/italy-sdi-live-vat-invoicing-update/?CampaignID=70133000001QHPk&lsmr=Paid%20Digital&lso=Paid%20Digital&referrer=&lastReferrer=www.vatlive.com&sessionId=1526560038715&_bk=vat%20live&_bt=154074534363&_bm=e&_bn=g&gclid=CN_6ufbqstECFVAQ0wodfmcISw

TURKISH BANKER WHO FACILITATED IRAN OIL-FOR-GOLD SANCTIONS EVASION RECEIVES SHORT SENTENCE IN US

On 17th May, Kenneth Rijock in his blog reported that Mehmet Atilla, the number 2 at Turkey’s state-run Halkbank, who aided Reza Zarrab’s in moving $4 billion in illegal iranian oil profits, has been sentenced to 32 months by a US District Judge in New York.  Federal prosecutors had recommended 15 to 20 years, as Atilla was a major player in the massive oil-for-gold sanctions evasion scheme.

http://rijock.blogspot.com/

https://kyc360.com/news/turkish-banker-gets-32-month-sentence-iran-sanctions-case/

ALLIANZ PULLS BACK FROM IRAN AMID US SANCTIONS THREAT

On 17th May, Law 360 reported that Europe’s largest insurer, Allianz SE from Germany, is preparing to withdraw from Iran after the US government abandoned an international nuclear deal and warned that it could impose sanctions on companies trading with Tehran.

https://www.law360.com/articles/1044577

OECD: SWITZERLAND MUST ‘URGENTLY’ DO MORE TO TACKLE BRIBERY AND PROTECT WHISTLEBLOWERS

On 17th May, Customs Today reported that Switzerland must urgently do more to protect whistleblowers and stop money laundering and bribery, according to the OECD.  After a year-long investigation, the OECD said companies, lawyers and trustees operating in Switzerland must face tougher penalties for perpetrating or facilitating bribery taking place abroad.

http://www.customstoday.com.pk/switzerland-must-urgently-do-more-to-tackle-bribery-and-protect-whistleblowers-oecd-says/

US THREATENS SANCTIONS AGAINST EU IN LONG-RUNNING AIRCRAFT SUBSIDY DISPUTE

On 17th May, Sandler Travis Rosenberg reported that the Trump administration said that it “will have to move forward with countermeasures” on EU products if the EU does not end subsidies to large aircraft manufacturer Airbus.  The US Trade Representative office has said that a report from the WTO Appellate Body confirmed that “billions of dollars in launch aid to the [Airbus] A350 XWB is causing significant lost sales of Boeing 787 aircraft” and that “subsidies to the [Airbus] A380 continue to cause significant lost sales of Boeing 747 aircraft, as well as impedance of exports of Boeing very large aircraft to the EU, Australia, China, Korea, Singapore, and UAE markets”.

https://www.strtrade.com/news-publications-WTO-Airbus-subsidies-retaliation-051718.html

HUNGARY: GOLDEN VISAS TAKE NEW FORM IN ORBAN’S GOVERNMENT

OCCRP on 17th May reported that a Hong Kong-based company is advertising a new, even cheaper immigration programme than the one suspended last year, promising Hungarian residency permits to those who invest $92,000 in real estate and pay almost $60,000 in fees.  The former “Golden Visa” system launched in 2013, was suspended due to allegations of corruption.  More than 24,000 foreign nationals, mostly from China, obtained permanent or temporary residency permits between 2013 and 2017.

https://www.occrp.org/en/27-ccwatch/cc-watch-briefs/8088-hungary-golden-visas-take-new-form-in-orban-s-government

PROTECTION AGAINST IDENTITY FRAUD FOR COMPANY DIRECTORS – REMOVAL OF RESIDENTIAL ADDRESS FROM THE COMPANY REGISTER

On 15th May, Field Fisher reported that new regulations, which came into force on 26th April, will allow directors to remove their residential address from the register of companies held by the Registrar, whilst still ensuring transparency at Companies House.  The new regulations remove the requirement that a director must show a serious risk of violence or intimidation arising from a company’s activities; and allow applications in respect of information filed before 1st January 2003.

https://www.fieldfisher.com/publications/2018/05/protection-against-identity-fraud-for-company-directors

DELAYED SERVICE SUFFICIENT TO STRIKE OUT FREEZING ORDERS

Out-Law on 16th May published an article saying that the Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.  An expert is quoted as saying that the court will not grant such orders lightly and will expect compliance with the myriad of undertakings that a court can order in return for exercising its discretion to freeze assets.

https://www.out-law.com/en/articles/2018/may/delayed-service-strike-out-freezing-orders/

JAPAN BUSINESS POURS CASH INTO MYANMAR DESPITE ROHINGYA CRISIS

The Nikkei Asian Review on 17th May reported that real estate leads record investments of $1.4 billion that aim to capture emerging market.  It says that Japanese companies are investing aggressively in Myanmar with help from Tokyo, even as their European and American counterparts shy away while hundreds of thousands of Rohingya Muslims flee the country to escape persecution.  Japan is one of the biggest investors in Myanmar for 2017 – roughly half of the Japanese investment went into property development.

https://asia.nikkei.com/Business/Business-Trends/Japan-Inc.-pours-cash-into-Myanmar-despite-Rohingya-crisis

BOSNIAN PARTY LEADER CLEARED OF CHARGES HE OBSTRUCTED DRUG CASE

Rferl on 17th May reported that Fahrudin Radoncic, Bosnian tycoon and a former owner of Bosnia’s largest newspaper, Dnevni Avaz, as well as leader of the Union for a Better Future (SBB) party in the ruling coalition, has been cleared of charges he organised a criminal group and interfered in a high-profile court case in Kosovo against Balkan drug boss Naser Kelmendi.  He had said the case brought against him in 2016 was “politically fabricated”.

https://www.rferl.org/a/bosnian-political-leader-radoncic-cleared-charges-obstructed-case-drug-lord-kelmendi/29231315.html

COMMONWEALTH GAMES VISA OVERSTAYERS IN AUSTRALIA

On 16th May, a news release from the Australian Border Force says that while the vast majority of individuals who came to Australia for the Commonwealth Games have already departed, the ABF is aware that some individuals have remained in Australia.  It has set up a dedicated operation to ensure those that should depart Australia do so.  Those who are removed may also face a 3-year re-entry ban from Australia and may owe a debt to the Australian Government for the cost of their removal.

http://newsroom.border.gov.au/channels/NEWS/releases/commonwealth-games-visa-overstayers

80 DETAINED FOLLOWING BIG ROMANIAN ANTI-ORGANISED CRIME OPERATION

Romania Insider on 17th May reported that prosecutors from the Directorate for Combatting Organized Crime and Terrorism (DIICOT) have taken preventive measures against 102 people following the 238 house searches carried out on May 16th, as part of Operation Z Day (Ziua Z).  The operation was aimed at combating organised crime and the searches were carried out simultaneously in 28 counties and the capital Bucharest.  It targeted 227 suspects.

https://www.romania-insider.com/big-operation-diicot-prosecutors/

THE MIDDLE EAST’S NEW BATTLE LINES

On 16th May, the European Council on Foreign Relations released a new report saying that 2 opposing coalitions in the Middle East define a rivalry that threatens to tear the region apart.  As competition for dominance intensifies, the confrontation between Iran’s network of state and non-state actors, and a counter-front of traditional Western allies – centred on Saudi Arabia, the UAE, and Israel – has become the region’s central battle line.

http://www.ecfr.eu/mena/battle_lines/

THOUSANDS OF UNSAFE FIDGET SPINNERS SEIZED DURING RAID IN MANCHESTER

The Manchester Evening News on 12th May reported that thousands of unsafe fidget spinners and hundreds of fake designer goods were seized during raids at a business in north Manchester.  Himalaya Fashion Enterprises Ltd has been ordered to pay thousands of pounds after the illegal goods were found by Trading Standards.  A total of 2,136 incorrectly labelled fidget spinners were found on the premises during a raid in May 2017.  The toys were tested and deemed to be dangerous as the battery was easily accessible without a tool, meaning a child could take it out and digest it, council bosses warned.  Fake Chanel, Vivienne Westwood and Dior jewellery was also found at the premises during another raid last year.  Himalaya Fashion Enterprises Ltd and company director Mohamad Hakimi pleaded guilty to a number of trademark and safety offences on April 12th.  The company was ordered to pay £3,000, costs of £2,433, and a victim surcharge of £300.  Mohamad Hakimi was ordered to undertake 150 hours of unpaid work and to pay costs of £1,000 with a surcharge of £85.

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/thousands-unsafe-fidget-spinners-found-14648056

POLICE RAID HOME OF EX-MALAYSIAN PM OVER 1MDB CORRUPTION SCANDAL

The Guardian on 16th May reported that 5 locations linked to Najib Razak searched for evidence relating to 1MDB affair, which saw $3.2 billion in funds go missing.  Mahathir Mohamad, the newly elected prime minister, has pledged that all those who are found to have committed any wrongdoing as part of 1MDB will be brought to justice.

https://www.theguardian.com/world/2018/may/16/police-raid-home-ex-malaysian-pm-corruption-scandal

LATVIA’S AML CHIEF WANTS MORE HELP FROM BANKS

On 17th May, Reuters reported that Latvia’s new AML chief pledged to improve control of financial crime, urging the Baltic state’s banks to become more hands on in spotting and preventing it.  Ilze Znotina, who will lead Latvia’s AML agency from June, said she wanted to change the tendency of local banks to share ‘low quality’ information with the authority about suspect transactions.  The appointment is the latest step by the country to tighten control of its banks, after some were accused of laundering hundreds of millions of euros for wealthy Russians and others from former Soviet states.

https://www.reuters.com/article/latvia-banks/latvias-anti-money-laundering-chief-wants-more-help-from-banks-idUSL5N1SO46L?src=ilaw

IRELAND RELEASES VIRTUAL CURRENCY TAX AND VAT GUIDANCE

Tax News on 17th May reported that on 15th May the Irish Revenue has issued an eBrief to clarify how “normal tax rules” apply to transactions involving cryptocurrencies.

The eBrief 88/18 is available at –

https://www.revenue.ie/en/tax-professionals/ebrief/2018/no-0882018.aspx

https://www.tax-news.com/news/Ireland_Releases_Virtual_Currency_Tax_Guidance____76786.html

EU COUNCIL ADOPTS DIRECTIVE TO MAKE COMPANY OWNERSHIP DATA PUBLIC

On 17th May, Tax News reported that the European Council has approved a new package of rules which include allowing the public access to information on the beneficial ownership of companies.  Amendments to Directive 2015/849 are intended to close down criminal finance without hindering the normal functioning of payment systems.  The changes were approved at a meeting of the General Affairs Council following agreement with the European Parliament in December 2017 and Parliament’s approval of the agreed text in April.  The new Directive will provide for enhanced access to beneficial ownership registers, with the aim of improving transparency on the ownership of companies and trusts.

https://www.tax-news.com/news/EU_Council_Adopts_Directive_To_Make_Company_Ownership_Data_Public____76789.html

 

DOCUMENT DISTRIBUTOR HAD DOZENS OF FAKE ID

An NCA news release on 17th May reported that a man who was at the centre of a fake identity document distribution ring has been jailed for more than 5 years.  Albanian national, Arsen Baculi, 23, was arrested by the NCA in east London in February after picking up a consignment of counterfeit documents, including a Greek passport and ID card with his picture on.  A search of his flat led to the discovery of a hoard of other ready-to-go documents, including a false passport, a number of driving licences, residency permits and construction industry cards bearing different names and images.  A small quantity of bagged up cocaine and electronic scales were also found.  Baculi pleaded guilty to charges of possessing false documents and class A drugs and was sentenced to 5 years and 2 months years in prison.  He will also face deportation after serving his sentence.

http://www.nationalcrimeagency.gov.uk/news/1350-document-distributor-had-dozens-of-fake-ids

SEC CREATES FAKE ICO TO TEACH WOULD-BE INVESTORS ABOUT SCAMS

On 17th May, BTC Manager reported that in the US the SEC has created a fake Initial Coin Offering (ICO) to teach would-be investors what they should look out for before investing in such projects.  The regulator has launched a fake coin offering website dubbed “Howey,” all in the effort of warning investors about fraudulent cryptocurrencies.

https://btcmanager.com/sec-unveils-fraud-ico-to-educate-investors/

The website is at –

https://www.howeycoins.com/index.html

But also see the SEC comments at –

https://www.investor.gov/howeycoins

https://www.jdsupra.com/legalnews/the-sec-has-an-opportunity-you-won-t-13603/ 

OFAC ADDS FURTHER HIZBOLLAH-LINKED NAMES TO US SANCTIONS LISTS

On 17th May, OFAC added a further 2 Lebanese passport-holders and 5 companies – 3 in Lebanon, 1 in Antwerp and 1 in Banjul, The Gambia to its Specially Designated Nationals (SDN) lists.

https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20180517.aspx

https://home.treasury.gov/news/press-releases/sm0388

 

IMPENDING WHOIS DATA BLACKOUT IS LIKELY TO IMPEDE IP ENFORCEMENT

On 15th May, Frankfurt Kurnit Klein & Selz published an article warning that with the introduction of the GDPR in the EU with effect from 25th May, it appears increasingly likely that the WHOIS system, which makes the contact details of domain name registrants publicly available, will soon enter a months-long blackout period, since the publication of certain WHOIS data runs afoul of GDPR and any interim compliance model will not be fully operational by May 25th [another victim of the law of unintended consequences?]  It explains that the WHOIS system, which contains information including the name, address, email, phone number, and administrative and technical contacts for domain name registrants, is maintained by the Internet’s global domain name organization, the Internet Corporation for Assigned Names and Numbers (ICANN) and that ICANN is now racing to devise a solution that will balance data protection considerations and GDPR compliance against the desire to maintain the existing WHOIS system to the greatest extent possible.

https://whois.icann.org/en

http://fkks.com/news/impending-whois-data-blackout-is-likely-to-impede-ip-enforcement

MONEY LAUNDERING AND TERRORIST FINANCING RISKS FACING HONG KONG’S FINANCIAL INSTITUTION AND PAYMENT SYSTEMS

On 14th May, Herbert Smith Freehills published an article reporting that the Hong Kong government has published a report detailing the money laundering and terrorist financing national risk assessment for Hong Kong.  This follows the recommendations of FATF that jurisdictions identify and assess their ML/TF risks and apply mitigating measures and is a pre-cursor to the FATF’s onsite evaluation of Hong Kong’s ML/TF safeguards, scheduled to take place this Autumn.

The report is available at –

https://www.fstb.gov.hk/fsb/aml/en/doc/hk-risk-assessment-report_e.pdf

https://hsfnotes.com/fsrandcorpcrime/2018/05/14/money-laundering-and-terrorist-financing-risks-facing-hong-kongs-financial-institutions-and-payment-systems/#page=1

WHY THE EU WILL STRUGGLE TO COUNTER US SANCTIONS WITH BLOCKING LEGISLATION

On 14th May, Clyde & Co published an article explaining why the EU will find it difficult to counter US sanctions imposed following the withdrawal of the US from the JCPOA with Iran by the use of so-called “blocking” legislation (which would forbid EU companies from complying with US laws) – which were employed in the past, during the Reagan era and in 1996 over Cuba.  One seemingly obvious fact it points out is that most major financial institutions outside the US are much more intimately connected to or reliant upon the US financial system and the ability to clear US dollars than they were 20 years ago – hence the sensitivity to the effect of OFAC sanctions, even where they have no legal effect in the home jurisdiction.  It concludes that the reality today is that many EU (and non-EU) firms refrain from business with Iran not because of any legal prohibitions, but because of the contractual restrictions imposed on them and that was simply not the case in 1996.  Furthermore, it points out that the general AML/CFT compliance obligations of financial institutions are vastly more complex and onerous to comply with now than they were 20 years ago.  It would sit uneasily with these obligations to force EU financial institutions to support business with Iran. It should not be forgotten that the EU still maintains its own – admittedly more limited (and human rights abuses-based) – sanctions programme against Iran, designating a number of entities still for asset freezes.  Finally, the article reminds one that the other tactic pursued by the EU in 1996 was to refer the matter to the WTO, alleging that the US sanctions breached obligations to other WTO members.  The US response at the time was to threaten the use of the rarely used tool of the national security exception, and one should surely expect the Trump Administration to follow suit.

https://www.clydeco.com/insight/article/blocked-out-why-the-eu-will-struggle-to-counter-us-sanctions-with-blocking

Meanwhile, on 17th May the Guardian reported –

EU SETS COURSE FOR US CLASH WITH LAW BLOCKING IRAN SANCTIONS

The EU has put itself on a collision course with the US over Donald Trump’s decision to withdraw from the nuclear deal with Iran, as major European firms started to pull out of the country to avoid being hit by sanctions.  In an attempt to shield EU companies doing business with Iran, the European commission president, Jean-Claude Juncker, said he would turn to a plan last used to protect businesses working in Cuba before a US trade embargo was lifted on the Latin American country.

https://www.theguardian.com/world/2018/may/17/maersk-tankers-pull-out-of-iran-in-blow-to-nuclear-deal

‘SEMI-ORGANISED’ CRIME GROUPS TIED TO RISE IN GOLD SMUGGLING IN JAPAN

On 16th May, the Asahi Tribune reported that police suspect the surge in gold-smuggling incidents is partly being orchestrated by “semi-organised” crime syndicates that operate loosely and can avoid the restrictive laws imposed on traditional yakuza groups.  Authorities have little information about the numbers and activities of the “jun-boryokudan” semi-organized syndicates, which are also called “hangure” (half-astray), but recent arrests indicate that the multibillion-yen gold-smuggling industry is a key source of income for these groups.  Hangure do not operate as fixed units. But members gather together through personal networks each time they plan a crime.  A source said gold smuggling from Hong Kong is “highly profitable”.  Smugglers buy the gold in Hong Kong, which has no consumption tax.  If they can get around customs officials and sell the gold in Japan, their profit is the amount they avoided paying in Japanese taxes, the source said.  The number of gold smuggling cases uncovered in 2017 was 1,347, an increase of 536 from the previous year, according to Finance Ministry.  Hong Kong was the origin of the gold in 25% of the smuggling cases.

http://www.asahi.com/ajw/articles/AJ201805160051.html

OTHER THINGS YOU MAY HAVE MISSED – MAY 17

16th May 2018

GERMAN ARMS FIRM H&K’S EX-STAFF ON TRIAL OVER MEXICO GUN DEAL

Brinkwire on 16th May reported that 6 ex-employees of Heckler & Koch have gone on trial in Stuttgart for selling assault rifles to Mexico. They are accused of violating Germany’s War Weapons Control Act and its Foreign Trade Act by selling thousands of G36 assault rifles to Mexico — while knowing that they would be used in 4 violence-ridden Mexican states.

http://en.brinkwire.com/329681/german-arms-firm-hks-ex-staff-on-trial-over-mexico-gun-deal/

US EASING OF GUN EXPORT CONTROLS COULD SEND NEW WAVE OF ARMS EXPORTS

On 15th May, Insight Crime reported that a new reform that would ease firearm export controls for US weapons manufacturers, could increase the already high number of US-sourced firearms used in criminal activities in Latin America.  Finally published on May 14th the proposals would shift authority to regulate exports of certain firearms and related products from the State Department to the Commerce Department.  The rule would apply to “commercial items widely available in [US] retail outlets and less sensitive military items,” the proposal states.  That definition would cover products like assault-type rifles, military-grade sniper scopes, armour-piercing ammunition and most handguns.

https://www.insightcrime.org/news/analysis/easing-us-firearm-export-controls-exacerbate-violence-mexico/

KOREAN AIR HEADQUARTERS RAIDED OVER LUXURY GOODS SMUGGLING

On 16th May, The Standard in Korea reported that South Korea’s customs authorities said its officials had raided the headquarters of Korean Air Lines Company over allegations that it had violated foreign exchange laws in a widening inquiry into the chairman’s family. The customs office has been looking into allegations Chairman Cho Yang Ho’s family smuggled luxury goods into the country without paying due taxes.

http://www.thestandard.com.hk/breaking-news.php?id=107498&sid=2

MAN SEARCHED AT BELFAST INTERNATIONAL HAD €180,000 IN LUGGAGE

Belfast Live on 15th May reported that a 39-year-old man has been arrested by Border Force officers at Belfast International Airport on suspicion of money laundering.  The man, an Irish national, had been at the airport with a ticket to fly to Alicante in Spain.  His baggage was searched and officers found €180,000.

https://www.belfastlive.co.uk/news/belfast-news/man-searched-belfast-international-180000-14662590

HEZBOLLAH SAID TO BE LAUNDERING MONEY IN SOUTH AMERICAN TRI-BORDER REGION

The Wall Street Journal on 15th May reported that Hezbollah is using a money laundering mini-state in Latin America that poses an escalating risk to US national security, according to a report.  The illicit activities in the so-called tri-border region linking Brazil, Argentina and Paraguay have long been a source of concern for US security officials.

https://www.wsj.com/articles/hezbollah-said-to-be-laundering-money-in-south-american-tri-border-region-1526389849

FRENCH COURT UPHOLDS EX-BUDGET MINISTER’S TAX FRAUD CONVICTION

The Guardian on 15th May reported that Jérôme Cahzuac, the former French budget minister who led a crackdown on tax avoidance while secretly hiding millions of euros of his own money from authorities, has had his conviction for tax fraud upheld by an appeals court.  Cahuzac and his ex-wife, Patricia Ménard, who was also convicted of tax fraud, had jointly run a lucrative hair-transplant business treating some of France’s biggest celebrities.  They hid millions of euros from the tax authorities for two decades, moving their money across the world from Switzerland to Singapore and the Isle of Man.

https://www.theguardian.com/world/2018/may/15/french-court-upholds-ex-budget-minister-jerome-cahuzac-tax-conviction

NO LIMITATION PERIOD IN BREACH OF DUTY CLAIM AGAINST DIRECTOR

On 15th May, Hogan Lovells published an article saying that a recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation period.  It says that liquidators should be aware that there may be no limitation period for breach of duty and misfeasance claims where property is transferred by directors to companies in which they have an interest.

http://www.hoganlovells.com/en/publications/no-limitation-period-in-breach-of-duty-claim-against-director

THE IMPORTANCE OF COMPLYING WITH THE DUTY OF FULL AND FRANK DISCLOSURE WHEN APPLYING FOR A FREEZING INJUNCTION

On 11th May, Mayer Brown, and on 14th May, Lewis Silkin, both published articles on the recent UK court case of Banca Turco Romana S.A. (in liquidation) v Cortuk and Others.  This underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.  As a result of substantial and serious failings, some apparently deliberate, the judge set aside an earlier freezing order he had made in favour of a liquidator and declined to continue it.  The background was that Çörtük had perpetrated a substantial fraud against Banca Turco Romana (BTR) which had ultimately led to its insolvency.  Criminal and civil proceedings followed in Romania and Çörtük was convicted of fraud and sentenced to 13 years imprisonment.  He was also held liable to pay BTR a sum in excess of US$70 million together with interest.  The judgment remained unsatisfied and Çörtük evaded arrest and absconded.  Criminal proceedings followed in Switzerland – where a limited recovery was achieved of c.US$2.8 million – along with an action in New Jersey where Mr Çörtük now resides.

http://www.lewissilkin.com/Insights/Liquidator-loses-protection-of-a-freezing-order-following-serious-failings

https://www.mayerbrown.com/frozen-out-the-importance-of-complying-with-the-duty-of-full-and-frank-disclosure-when-applying-for-a-freezing-injunction-05-11-2018/

SANCTIONS AND IRAN: PRESIDENT TRUMP’S ANNOUNCEMENT AND WHAT THIS MEANS FOR NON-US SHIPPING

On 15th May, Reed Smith produced a briefing on the implications of the Trump Administration decision to withdraw the US from the Joint Comprehensive Plan of Action (JCPOA) and to reimpose on Iran a multitude of sanctions that were lifted in January 2016 under the JCPOA.  It emphasises that the 180-day wind-down period is most relevant to the shipping industry.  After this period, which ends on 4th November, the US will reimpose, among other things, the following secondary sanctions –

  • Sanctions on Iran’s port operators and shipping sectors
  • Sanctions on petroleum-related transactions, including petroleum products from Iran. Note also that certain entities will be redesignated, including NIOC and IRISL
  • Sanctions on transactions by foreign financial institutions with the Central Bank of Iran and other designated Iranian financial institutions
  • Sanctions on Iran’s energy sector

The briefing goes on to discuss, briefly, calling in Iran after 4th November, voyage and time charters.

https://www.reedsmith.com/en/perspectives/2018/05/sanctions-iran-president-trump-8-may-2018-announ-means-for-nonus-shipping

TERRORISM AND THE FUTURE LONE WOLF THREAT IN AMERICA

On 16th May Cipher Brief commented on a Washington Post report in March that the TSA (which is responsible for transportation security in the US) is adjusting its methods as terrorists turn increasingly toward lone wolf terror attacks.  It carried an interview with a former Associate Director at the CIA National Counterterrorism Center, who said that the US has fortunately not had to deal with the large number of ISIS returnees. ISIS has found France, in particular, to be a fruitful recruiting ground because of the large Muslim French-speaking diaspora, many of whom are French citizens but still not fully integrated into the French society and economy.

https://www.thecipherbrief.com/column/expert-view/terrorism-future-lone-wolf-threat-america

In the Washington Post article from 7th March the new chief of the Transportation Security Administration is quoted as saying that adapting his agency to grapple with solo operators who may claim allegiance to a cause without having genuine connections to a terrorist group has been his focus since taking over as head of the TSA in August.  The public face of the 60,000-member TSA is at airport security checkpoints, but the agency’s mandate is to protect all modes of transportation against attacks, monitoring rail stations, transit systems and bus terminals.

https://www.washingtonpost.com/local/trafficandcommuting/as-terrorists-turn-to-lone-wolf-attacks-tsa-adjusts-its-tactics/2018/03/06/555f74bc-213c-11e8-94da-ebf9d112159c_story.html

INDEPENDENT ANALYSIS OF UN COUNTER-TERRORISM EFFORTS IN ADVANCE OF THE SIXTH REVIEW OF THE UN GLOBAL COUNTER-TERRORISM STRATEGY IN 2018

On 16th May, the Global Center on Cooperative Security released “Blue Sky IV: Clouds Dispersing”.  The report and its recommendations focus on ways to improve the development, coordination, delivery, and impact of UN efforts in countering terrorism and preventing violent extremism (PVE).

http://www.globalcenter.org/wp-content/uploads/2018/05/GC_2018-May_Blue-Sky.pdf

EU AMENDS ITS NORTH KOREAN SANCTIONS LISTS

On 16th May, the EU published EU Regulation 2018/714/EU, which made amendments to Regulation 2017/1509/EU following the moving of 6 persons to Annex III to Council Decision 2016/849/CFSP from Annex II.  They remain designated.

See also Council Decision 2018/715/CFSP

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.120.01.0004.01.ENG&toc=OJ:L:2018:120:TOC

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.120.01.0001.01.ENG&toc=OJ:L:2018:120:TOC

LANDMARK UK PROPERTY FRAUD APPEAL CASE DECISION ROCKS CONVEYANCING WORLD

The Negotiator on 16th May carried an article saying that the Judges’ decision to allow some elements of the Dreamvar and P&P Properties’ appeals is likely to spark a wholesale reform of the house selling process.  It says that solicitors acting for vendors can no longer hope to pin the blame for a property fraud on other parties in the sale, the Court of Appeal has so indicated in a decision that will have far-reaching effects on the whole property industry.  The 2 negligence cases, which concerned frauds completed in 2013 and 2014, were originally brought by unrelated London developers ripped off by different criminals posing as the vendors of properties they did not own.  During the appeal process both vendors’ solicitors were highlighted by the judges for their weak identity checks.

https://thenegotiator.co.uk/landmark-property-fraud-appeal-case-decision/

AN INTRODUCTION TO UK ARMS EXPORTS

On 16th May, a House of Commons Library briefing explains what arms exports are, what controls are in place and the process for granting licenses. It briefly looks at some of the most commonly raised concerns about UK arms exports.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8312

UK DEFENCE INDUSTRY EXPORTS

On 15th May, the Library published another briefing which provides an overview of UK defence industry exports covering the 3 main sources of data on the subject.  The paper looks at trends over time, the regions of the world where UK defence exports are going, and the type of goods that are being exported.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8310

NO CHANGES TO US INTERNATIONAL BOYCOTT COUNTRY LIST

Sandler Travis Rosenberg on 16th May reported that the US Treasury has published its quarterly list of countries that require or may require participation in, or co-operation with, an international boycott – Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, UAE, and Yemen and is unchanged from the previous list.  US law prohibits US companies and their foreign affiliates from participating in foreign boycotts that the US does not sanction.  The Arab League boycott of Israel is the principal foreign economic boycott that US companies must be concerned with, but the anti-boycott laws apply to all boycotts imposed by foreign countries that are unsanctioned by the US.

https://www.strtrade.com/news-publications-boycott-list-Treasury-051618.html

THE STRANGE EVOLUTION OF HUNGARY’S GOLDEN VISA PROGRAMME

On 16th May, OCCRP carried an article that says that from 2013 an investor from outside the EU wanting to live in Hungary had to buy a special state bond from one of 8 companies with exclusive rights to sell them on behalf of the government.  The bonds initially cost €250,000; later €300,000.  The programme was suspended in 2017 after public criticism.  Nobody knew who owned most of the companies — 7 of the 8 were anonymously registered in offshore tax havens, making it impossible to know who pocketed the profits.  The 8 companies pulled in at least $600 million in fees during the 4 years the program was in operation.  Now an investigation reveals that the way those companies were chosen may have violated Hungarian law.  The intermediary that sold the most bonds was the Hungary State Special Debt Fund (HSSDF), which was established in the Cayman Islands in 2012 and owned by 3 enterprises registered in the BVI.

https://www.occrp.org/en/goldforvisas/the-strange-evolution-of-hungarys-golden-visa-program

BANK INDONESIA RE-REGULATES E-MONEY

Allen & Overy reported on 15th May that Bank Indonesia has issued a new Electronic Money Regulation.  The foreign ownership limits introduced by the Regulation are arguably the most crucial point in the Regulation.  It revokes the previous regulations on the same subject and is effective from 4th May.

https://www.aohub.com/aohub/publications/bank-indonesia-re-regulates-e-money?nav=FRbANEucS95NMLRN47z%2BeeOgEFCt8EGQ71hKXzqW2Ec%3D&key=BcJlhLtdCv6%2FJTDZxvL23TQa3JHL2AIGr93BnQjo2SkGJpG9xDX7S2thDpAQsCconWHAwe6cJTni8E5raS8k6KoOPiGX4nYV

COURT CLARIFIES SINGAPORE’S APPROACH TO TAX INFORMATION EXCHANGE

Out-Law on 16th May reported that a legal challenge to the Comptroller of Income Tax’s decision to share information about certain taxpayers with the Korean tax authorities in response to an exchange of information (EOI) request has been dismissed by the Court of Appeal in Singapore.  The decision helps shed light on the manner in which the Singapore tax authorities deal with EOI requests from foreign governments, particularly where the EOI process was executed ‘covertly’ without notice to the subject of the EOI request.

https://www.out-law.com/en/articles/2018/may/singapore-tax-information-exchange/

MASS TRIAL OF ALLEGED JIHADISTS INDICATES HIGH ATTACK RISK FOR WESTERN TARGETS IN SENEGAL FROM RETURNING FIGHTERS

Janes.com on 16th May reported that suspected jihadists were allegedly planning to attack French targets in Senegal and to spread Islamist influence into neighbouring countries.  Senegal remains a likely top target for Al-Qaeda-linked groups due to its strong connections with France.  The most likely perpetrators would be Mali-based coalition Jamaat Nasrat al-Islam wal Muslimin, using some experienced Senegalese militants to target the capital, Dakar, or tourist sites to the south.

http://www.janes.com/article/80118/mass-trial-of-alleged-jihadists-indicates-high-attack-risk-for-western-targets-in-senegal-from-returning-fighters

 THE ABC OF INTERNAL INVESTIGATIONS FROM THE XYZ DEFERRED PROSECUTION AGREEMENT (DPA)

On 16th May, law firm Corker Binning published an article on the situation where the High Court in England handed down a decision heavily criticising the SFO approach to a prosecution which followed the second deferred prosecution agreement (DPA) secured under the Crime and Courts Act 2013 (CCA).  It says that there remain some very serious questions about the SFO’s approach to investigating large corporate defendants and the individuals who work for them.  The article says that this was the first case of judicial scrutiny of the processes leading to a DPA from the perspective of an individual who is not party to it.  The article says that the case highlights the importance of giving careful consideration to the rights of the potential individual defendants when determining what steps to take in an investigation and self-report.

https://www.corkerbinning.com/the-abc-of-internal-investigations-from-the-xyz-deferred-prosecution-agreement/

SEC CHARGES BROKERAGE FIRM AND AML OFFICER

Mondo Visione on 16th May reported the SEC announced settled charges against broker-dealers Chardan Capital Markets LLC and Industrial and Commercial Bank of China Financial Services LLC (ICBCFS) for failing to report suspicious sales of billions of penny stock shares.

http://www.mondovisione.com/media-and-resources/news/sec-charges-brokerage-firms-and-aml-officer-with-anti-money-laundering-violation/