OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 1

1st September 2018

 3D-PRINTED PLASTIC GUNS: 5 REASONS TO WORRY

On 31st August, Lawfare published an article saying that, despite a US federal judge temporarily suspending the publication of 3D printing firearms material, there are 5 reasons to worry about the appearance of such weapons –

  • a plastic firearm would rarely be detectable by metal detectors;
  • plastic firearms manufactured on 3D printers in one’s home without serial numbers would be entirely untraceable by law enforcement;
  • worldwide availability of the blueprints for printing plastic guns means that would-be terrorists could make undetectable and untraceable firearms;
  • the online publication of 3D-printed gun blueprints could cause destabilising effects in foreign countries by making guns readily accessible to armed insurgent groups, transnational criminal organisations, and ordinary street criminals; and
  • existing laws and regulations for the manufacture and sale of firearms do not provide protection from the threats.

https://www.lawfareblog.com/3d-printed-plastic-guns-five-reasons-worry

BAHAMAS CAN BOTH MEET EU DEMANDS AND ENABLE FINANCIAL SERVICES TO RECOVER FROM “TWO DECADES OF PUNISHING LOSSES”

Tribune 242 reported on 31st August that as the Bahamas Government unveiled its legislative response to the EU “economic substance” and “ring fencing” requirements for wide industry consultation, the AG said it was aiming to “strike the correct balance that will enable the industry to regain its footing”.  The Commercial Entities (Substance Requirements) Bill 2018 was discussed at a financial services industry briefing.  It is said that the comprehensive overhaul of this nation’s financial services regulatory regime had resulted in the number of licensed Bahamas bank and trust companies dropping from 410 to around 250.  The EU had ‘blacklisted’ the Bahamas on March 13th for allegedly being non-cooperative in the fight against large-scale tax avoidance by multinational companies, forcing the Government into a rapid scramble that ultimately persuaded the bloc to de-list this nation, complaining that it had not receive the ‘high level political commitment’ it had been seeking from the Bahamas to address its concerns on ‘ring fencing’ and the absence of ‘economic substance’ requirements for corporate vehicles operating in this jurisdiction.

http://www.tribune242.com/news/2018/aug/31/financial-sectors-two-decades-of-punishing-losses/

PAIR ALLEGEDLY MADE MILLIONS ON FRAUDULENT MEDICAL REIMBURSEMENT SCHEME

The Times-Picayune in Louisiana on 31st August reported the indictment of a couple who allegedly operated a fraudulent medical reimbursement program that resulted in a $40 million loss to the IRS and participants in the programme, naming Denis and Donna Joachim, both 52, and their company, The Total Financial Group Inc.  The 34-count indictment includes charges of wire fraud and money laundering.

https://www.nola.com/northshore/index.ssf/2018/08/covington_pair_indicted_in_med.html

MIAMI HEAT NBA TEAM EXECUTIVE INVESTIGATED IN MONEY LAUNDERING CASE

Sports Pro on 31st August reported that the chief revenue officer of National Basketball Association’s Miami Heat has been placed on leave amid an FBI investigation into alleged money laundering.Jeff David, 44, is accused of siphoning off $13.4 million from 2 major sponsors during his time working in the same role at fellow NBA team the Sacramento Kings.

http://www.sportspromedia.com/news/sacramento-kings-miami-heat-executive-jeff-david-fraud

DEADLINE FOR APPOINTING AML OFFICERS TO CAYMAN INVESTMENT FUNDS LAUNCHED PRIOR TO 1ST JUNE IS SEPTEMBER 30TH

Loeb Smith on 31st August reports that any Cayman investment fund which launched prior to 1st June 2018 has until 30th September to designate entity specific AML Officers (and, where the relevant fund is registered with CIMA, to register the details of such officers with CIMA).  Any Cayman investment fund launched after 1st June are expected to have AMLO designated from the time of launch.  The latter funds which are required to register with CIMA will be required to register details of their AMLO at the time of fund registration with CIMA.  CIMA-licensed or CIMA-registered funds that have not registered AMLO by the 30th September deadline may be the subject of enforcement action.  It also provides a link to FAQ recently issued by CIMA.

https://www.loebsmith.com/story/2018/08/31/deadline-for-appointing-aml-officers-to-cayman-investment-funds-launched-prior-to-1-june-2018-is-september-30th-2018/131/

EXPORT COMPLIANCE CO-ORDINATOR FOR MAINLAND CHINESE TELECOM COMPANY ZTE SELECTED

On 28th August, HKTDC reported that, as part of the settlement between the US Government and ZTE, the US Department of Commerce announced on 24th August the selection of the special export compliance co-ordinator for the company.  He will be tasked with co-ordinating, monitoring, assessing and reporting on compliance with US export control laws by ZTE and its subsidiaries and affiliates worldwide.

http://economists-pick-research.hktdc.com/business-news/article/Regulatory-Alert-US/Export-Compliance-Co-ordinator-for-Mainland-Chinese-Telecom-Company-Selected/baus/en/1/1X300W0C/1X0AF0HJ.htm

GUATEMALA: PRESIDENT MORALES TO EXPEL UN COMMISSION INVESTIGATING HIM

Telesur on 31st August reported that Morales has long been trying to hamper efforts by the International Commission Against Impunity in Guatemala to investigate him for alleged corruption, and he has announced his government won’t renew the work visas of the International Commission Against Impunity in Guatemala (CICIG), just days after Congress announced they will move forward with a corruption investigation against him.  Meanwhile, Deutsche Welle reported that a spokesman for the corruption-probing International Commission Against Impunity in Guatemala (CICIG) has said at least 12 military vehicles were outside its facility in the Guatemalan capital.

https://www.telesurtv.net/english/news/Guatemala-Morales-Expel-CICIG-20180831-0017.html?src=ilaw

https://www.dw.com/en/guatemalan-soldiers-surround-un-corruption-investigators/a-45312570?src=ilaw

NCA PROVES CONVICTED DRUG TRAFFICKER WAS NOT A SLAVERY VICTIM

An NCA news release on 31st August reported that a drugs trafficker whose conviction was quashed after she claimed to be a slavery victim has been jailed after NCA investigators proved she was a willing member of an Albanian organised crime group.  Marsela Kreka, 31, was jailed for 8 years in June 2017.  During her trial Kreka ran a defence that she was trafficked into the UK and forced to commit crime as a modern slavery and human trafficking victim (MSHT) – a statutory defence under the Modern Slavery Act 2015.  The Jury did not believe her and found her guilty.  But her conviction was quashed in April this year over the interpretation of where the burden of proof lay under the 2015 act, and a retrial was ordered.  However, Kreka has now pleaded guilty to drugs trafficking and possession of false documents and was jailed for 7 years.

http://www.nationalcrimeagency.gov.uk/news/1456-nca-prove-convicted-drug-trafficker-was-not-a-slavery-victim

IRELAND: INVESTORS CLAIM THEY LOST €4.1 MILLION IN E-SCAM

The Irish Examiner on 1st September reported that a group of investors who claim they lost millions of euro in an electronic trading binary options scam have brought a High Court damages action against an Irish-registered firm and Irish- and Israeli-based directors; suing Greymountain Management Ltd, which is in liquidation, and its 4 directors, Israel-based brothers Jonathan and David Cartu and Dublin-based Ryan Coates and Liam Grainger.

https://www.irishexaminer.com/breakingnews/ireland/–865980.html

HOW THE IAEA VERIFIES IF A COUNTRY’S NUCLEAR PROGRAMME IS PEACEFUL OR NOT: THE LEGAL BASIS

The Bulletin of the Atomic Scientists, in a special issue published on 1st September, includes this article which provides a detailed look at the methods the International Atomic Energy Agency uses to create a comprehensive picture of a state’s nuclear programme.

https://www.tandfonline.com/doi/full/10.1080/00963402.2018.1507789 [$20 purchase price for paper]

UNDER SIEGE: SAFETY IN THE US NUCLEAR WEAPONS COMPLEX

On 30th August, the Bulletin for the Atomic Scientists reported on problems for, and at, the Defense Nuclear Facilities Safety Board — which oversees and reports on safety practices in the US nuclear weapons complex — is under siege.  The US Congress created the board almost 30 years ago to address years of lax safety practices.  Now, it says, the Energy Department is seeking to block the board’s access to safety information, excluding it from overseeing worker protection at dozens of facilities and blocking board staff from interacting with contractors that operate the department’s nuclear sites.  At the same time, the board is undergoing an internal crisis that affects staff morale and, ultimately, its critical role in ensuring the safety of the government’s largest high-hazard research and industrial enterprise.  It is a small organisation, but it has played a critical role in dragging the US nuclear weapons complex away from decades of operating outside the mainstream of nuclear safety practice.  This comes at a time when the US is looking to revamp its nuclear defences.

https://thebulletin.org/2018/08/under-siege-safety-in-the-nuclear-weapons-complex/

 

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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