OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 28

28th September 2018

ISRAEL ACCUSES IRAN OF HARBOURING ‘SECRET ATOMIC WAREHOUSE’

Outlook India on 28th September reported on Israeli Prime Minister Benjamin Netanyahu’s accusations that Iran was keeping a “secret atomic warehouse” just outside its capital, despite the 2015 deal with world powers that was meant to keep it from obtaining nuclear weapons.  He made the charges during a presentation at the UN General Assembly.

https://www.outlookindia.com/newsscroll/israel-accuses-iran-of-harbouring-secret-atomic-warehouse/1392311

€165,000 IN SMUGGLED BEER SEIZED AT DUBLIN PORT

The Journal on 27th September reported that the 25,700 litres of beer was seized from a foreign-registered truck entering the country on a ferry from Holyhead in Wales.

http://www.thejournal.ie/alcohol-dublin-port-4258341-Sep2018/

2 SRI LANKANS ARRESTED FOR SMUGGLING OVER $36 MILLION TO SINGAPORE

Newsfirst in Sri Lanka reported that 2 Sri Lankans attempted to smuggle a large sum of US Dollars to Singapore at Bandaranaike International Airport.  The cash is said to have been found concealed in the bags and trousers of the suspects.

https://www.newsfirst.lk/2018/09/27/two-sri-lankans-arrested-for-smuggling-over-36-million-usd/

MOROCCO PROBES USE OF SPEEDBOATS FOR MIGRANT SMUGGLING

Middle East Online on 27th September reported that Moroccan official says authorities are investigating use of high-power speedboats by smugglers to transport migrants which were until now used for trafficking drugs in Mediterranean.  The navy has opened fire on a “go-fast” speedboat off the coast of the North African nation, killing 1 person on board and wounding 3 others.  The authorities said they detained a Spanish citizen who was driving the boat.  Morocco said it has foiled 54,000 bids so far in 2018 by illegal migrants to cross the Mediterranean to Europe, and had dismantled 80 smuggling networks this year, including 23 in August alone.

https://middle-east-online.com/en/morocco-probes-use-speedboats-migrant-smuggling

ON THE TRAIL OF UGANDA’S ILLEGAL ‘BEAUTY-CREAM’ SMUGGLERS

The BBC on 27th September carried a report on illegal skin-lightening products, smuggled into Uganda.  More than 100 such products have been banned in Uganda since 2016.   All of these contain mercury and hydroquinone, linked to damaging side-effects by the government yet widely available in the country.  Tonnes of the banned skin-lightening products get into Uganda every year, mostly through porous points along the border with DR Congo.  The cosmetics rarely come in bulk deliveries. Carriers, who earn about $1 per trip, bring them across the border box-by-box or sack-by-sack.

https://www.bbc.co.uk/news/world-africa-45605309

CIMA EXTENDS TO 31ST DECEMBER DEADLINE FOR APPOINTMENT OF AMLO FOR CAYMAN FUNDS

On 28th September, Ogier reported that the Cayman Islands Monetary Authority (CIMA) has extended, to 31st December, the deadline for regulated funds to notify CIMA of the appointment of an AML Compliance Officer, MLRO and Deputy Money Laundering Reporting Officer as required under the AML regulations.  Unregulated funds are also obliged to appoint AML Officers and should have these appointments in place by 31st December, but are not required to confirm such appointments to CIMA.

https://www.ogier.com/news/cima-extends-to-31-december-2018-notification-date-for-appointment-of-aml-officers-for-cayman-funds

CONGO REPUBLIC PRESIDENT AND OTHERS IN IVORY COAST APPARENTLY BRIBED

Defence Web on 27th September claimed that bribes were paid to the president of the Republic of Congo via a presidential aide and Belgian firm Semlex to win Congolese oil contracts, according to a Swiss prosecution document.  Other bribes were allegedly paid to state oil officials and presidential aides to secure Ivory Coast oil deals.  The bribes were allegedly paid on behalf of Gunvor, a Geneva-based commodities and energy trading company.

http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=53249:congo-republic-president-and-others-apparently-bribed&catid=54:Governance&Itemid=118

UK VISA REQUIREMENTS FOR CARRIERS

On 27th September, the Home Office released an update version of its chart detailing visa requirements for non-UK nationals.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740080/UK_Visa_requirements_Sept_2018.pdf

MALAYSIA: 93 CHINESE, 6 MALAYSIANS ARRESTED FOR ALLEGED PHONE SWINDLE

The Daily Mail on 28th September reported that police say 93 Chinese citizens and 6 Malaysians have been detained on suspicion of being involved in swindling money from people in China through a telephone scam.

https://www.dailymail.co.uk/wires/ap/article-6217513/93-Chinese-6-Malaysians-arrested-alleged-phone-swindle.html

IS SOMEONE A VICTIM OF HUMAN TRAFFICKING? UK GUIDANCE

On 27th September, UK Visas and Immigration published staff guidance to help them decide whether a person referred under the national referral mechanism is a victim of trafficking.

https://www.gov.uk/government/publications/victims-of-trafficking-guidance-for-competent-bodies

ARMENIA CANCELS 254 DIPLOMATIC PASSPORTS

Kenneth Rijock in his blog on 27th September reported that the Ministry of Foreign Affairs of the Republic of Armenia has announced that it has cancelled 254 Armenian diplomatic passports, but that no list has been made public.

http://rijock.blogspot.com/

TOP LOTTERY OPERATORS IN INDIA ACCUSED OF TAX EVASION

Calvin Ayre on 27th September reported that several of the top lottery distributors in the country have reportedly been busted for trying to evade paying taxes.  3 operators — Martin Group, Sugal & Damani Group and Essel Group — have been targeted for attempting to evade paying the Goods and Services Tax (GST) associated with their sales efforts.

https://calvinayre.com/2018/09/28/business/top-lottery-firms-india-accused-tax-evasion/

IMPROVED INFORMATION SHARING NEEDED TO COMBAT ILLEGAL EXPORT OF SUV FROM US TO CHINA

Customs Today on 26th September reported that the National Insurance Crime Bureau, which works with local police and US Customs and Border Protection to catch people illegally moving luxury autos out of the US, says an improved system for sharing information is needed to combat the illegal exportation of luxury vehicles to China.  After 9/11, US Customs introduced a new export tracking system that the NICB was not allowed to access and this cut off important data from the federal government that the insurance industry could use to compare with its own records on stolen vehicles.  US CBP is quoted as saying that it believes the NICB should be able to receive bulk data from the federal agency and that it is working on a new information-sharing system that, when completed, the NICB can participate in.

http://www.customstoday.com.pk/improved-information-sharing-needed-to-combat-illegal-export-of-suvs-to-china/

JORDAN: 7 SUSPECTS IN TOBACCO-MAKING, SMUGGLING CASE BANNED FROM TRAVEL

Customs Today on 26th September reported that Jordanian authorities issued an order banning from travel 7 people suspected of being accomplices in a case involving the illegal production and smuggling of tobacco.  All are holders of the Jordanian nationality, except for one who is a Dutch national.

http://www.customstoday.com.pk/seven-suspects-in-tobacco-making-smuggling-case-banned-from-travel/

NATIONAL GAMBLING AUTHORITIES ISSUE A DECLARATION IN WHICH THEY RAISE THEIR CONCERNS ABOUT THE BLURRING LINES BETWEEN “GAMBLING” AND “GAMING”

CMS Law on 27th September carried a briefing about the recent agreement by 17 national gambling regulators.  The declaration identifies 4 main areas of concern: skin betting, loot boxes, social casino gaming and the use of gambling themed content within video games available to children.

http://www.cms-lawnow.com/ealerts/2018/09/national-gambling-authorities-issue-a-declaration-in-which-they-raise-their-concerns?_ga=2.269091316.46234795.1538123099-1120114776.1520330292

DUTCH GAMING AUTHORITY FINES ONLINE BETTING OPERATOR MR GREEN €312,500

CMS Law on 27th September published a briefing about the fine imposed on online betting operator Mr Green Ltd (Mr Green), which exploits the Mr Green website, for violating the Dutch Betting and Gaming Act (WOK).  The Dutch online gambling market is still closed, meaning that there are only a limited number of licenced operators.  New licences are currently not being granted due to Dutch gambling policy, which is focused on preventing gambling addiction, protecting consumers and preventing possible fraud and crime.

http://www.cms-lawnow.com/ealerts/2018/09/dutch-gaming-authority-fines-online-betting-operator-eur-312500?_ga=2.72959254.46234795.1538123099-1120114776.1520330292

PARALLEL IMPORTERS WARNED OVER IMPACT OF ‘NO DEAL’ BREXIT

Out-Law on 27th September reported that businesses involved in repackaging medicines placed on the UK market and exporting them for sale elsewhere in the EU could be in breach of intellectual property (IP) rights in a ‘no deal’ Brexit scenario, the UK government has warned.  The warning over parallel imports to remaining EU countries from the UK was contained in one of a series of technical notices that the government has issued.

https://www.out-law.com/en/articles/2018/september/no-deal-brexit-parallel-importers/

MAJOR RETAILER ORDERED TO PAY NEARLY £500,000 OVER UNDERAGE KNIFE SALES

Local Government Lawyer on 27th September reported that B&M Retail has been ordered to pay £492,598.53 after a joint investigation by Barking and Dagenham and Redbridge Councils into underage knife sales.  The retailer, which has more than 500 stores across the country, pleaded guilty at Barkingside Magistrates Court to 3 offences after a cross-border prosecution led by Barking and Dagenham’s legal department.

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36815%3A2018-09-27-10-29-29&catid=190&Itemid=122

STEERING GROUP ON AUTHORISED PUSH PAYMENT (APP) SCAMS DRAFT CODE OF PRACTICE

UK Finance on 28th September reported that this group, set up by the Payment Systems Regulator earlier this year, has published its draft Voluntary Code for consultation.  The code has been developed by representatives from consumer groups and the industry and is designed to help prevent APP scams and give customers better levels of protection.  Payment service providers could be required to delay suspect payments from online accounts, while consumers could be expected to have a clearer understanding that in some circumstances they will not receive compensation.  The consultation runs to 15th November.

https://www.aol.co.uk/news/2018/09/27/new-code-to-offer-help-to-consumers-tricked-into-fraudulent-mone/

See the consultation at –

https://appcrmsteeringgroup.uk/consultation/

ABALONE POACHING AT EPIDEMIC LEVELS

Defence Web on 28th September reported on a new report called “Empty Shells: An assessment of abalone poaching and trade from southern Africa” from TRAFFIC which says that over the past 18 years, poachers have stripped South African coastal waters of at least 96 million individual abalone.  Efforts to curb the illegal trade have roundly failed.  Once abundant, the population of South African abalone Haliotis midae is declining at unprecedented levels.  On average 2,000 tonnes of abalone are bagged annually by poachers – 20 times the legal take – in an illicit industry estimated to be worth at least $60 million a year.  TRAFFIC is calling for stricter trade controls on South African abalone and a listing of the species by the CITES Convention governing trade in endangered, threatened, and at-risk species.

The report is available at –

https://www.traffic.org/publications/reports/empty-shells/

http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=53256:abalone-poaching-at-epidemic-levels&catid=87:border-security&Itemid=188

ANTIGUA: LEROY KING DETAINED FOR EXTRADITION

The Daily Observer on 28th September reported that police had arrested the former chief of the Financial Services Regulatory Commission “for extradition purposes”, according to police sources.  King recently lost his latest attempt to stop his extradition to the US for fraud-related charges in connection with the $7 billion Allen Stanford Pontiac Ponzi scheme.

https://antiguaobserver.com/leroy-king-detained-for-extradition-today/?src=ilaw

MARIJUANA-BASED DRUG PLACED IN LEAST RESTRICTIVE SCHEDULE OF THE US CONTROLLED SUBSTANCES ACT

On 28th September, Jackson Lewis PC published an article saying that, for the first time, a marijuana-based drug has been approved by a US federal agency for lawful medical use.  Epidiolex, a cannabis-based drug approved by the FDA, is being placed in Schedule V of the federal Controlled Substances Act.  It says that Epidiolex for the treatment of seizures associated with 2 rare and severe forms of epilepsy and contains cannabidiol (CBD), a chemical component of the cannabis plant.  The CBD is extracted from the cannabis plant and is the first FDA-approved drug to contain a purified extract from the plant.

https://www.jdsupra.com/legalnews/marijuana-based-drug-is-placed-on-23989/

DUTCH MAN IN WOLVERHAMPTON RAN DRUG COURIERS FROM ARUBA

On 28th September, a NCA news release reported that Dutch national Wellington Rodriguez Pena, 24, has been sentenced to 9½ years in prison after admitting to directing couriers to smuggle over £1 million of cocaine into the UK in their suitcases.

http://www.nationalcrimeagency.gov.uk/news/1479-dutchman-ran-cocaine-couriers-from-aruba-to-uk

AGENCY, DISCLOSED AND UNDISCLOSED PRINCIPALS

On 28th September, Irish law firm Matheson published an article saying that, following a situation which highlighted the importance of including a no-agency boilerplate provision in commercial contracts, it had be felt useful to remind the principles of law behind agency and principals.  Basically, agency is a fiduciary relationship which exists between two parties under which one of them (known as the principal – which can be disclosed or undisclosed) agrees that the other (known as the agent) may act on its behalf, including to enter into contracts with third parties. To be “disclosed” means that the principal’s interest in a transaction is known to the third party at the time of entry into a contract, whereas an “undisclosed” one is not known at that time.

https://www.matheson.com/news-and-insights/article/the-agency-relationship-and-contracting-an-undisclosed-principal

JAPAN’S FSA STRENGTHENS AML MEASURES AS FATF EVALUATION LOOMS

Law 360 on 28th September reported that the FSA has made anti-money laundering measures a top priority in its annual policy report as it braces for inspections by FATF next spring.  FATF has previously criticized Japan for insufficient legal safeguards against money laundering, and the government hopes to clean up its tarnished image, particularly as it will host the Group of 20 summit next year.

http://www.riskandcompliancehub.com/japans-fsa-beefs-up-anti-money-laundering-measures/

CHARITY BRINGS LEGAL ACTION AGAINST HOME OFFICE OVER USE OF CHILDREN AS “SPIES”

Local Government Lawyer on 28th September reported that a charity has issued judicial review proceedings against the Home Office concerning the use of children as spies by the police and other investigative agencies (to make “controlled purchases” of alcohol and tobacco, for example).  Just for Kids Law will argue that the government’s position is incompatible with international law, in particular the UN Convention on the Rights of the Child.  It said it was concerned that there were “no clear safeguards for children despite the clear risks to mental and physical health posed by their involvement in investigations.

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36826%3Acharity-brings-legal-action-against-home-office-over-use-of-children-as-spies&catid=54&Itemid=22

EXPLOITATION AND TAXATION OF NATURAL RESOURCES NOW LARGEST SOURCE OF FUNDING FOR TERROR GROUPS, INTERPOL STUDY FINDS

Illicit Trade on 27th September reported on the Interpol report which claims that that 96% of the $31.5 billion in illicit flows generated every year in conflict areas goes to organised criminal networks. 38% of illicit money flows to armed groups in conflict zones now comes from the exploitation of natural/environmental resources, such as gold, minerals, diamonds, timber, oil, charcoal and wildlife, according to the report.

https://www.illicit-trade.com/2018/09/exploitation-and-taxation-of-natural-resources-now-largest-source-of-funding-for-terror-groups-interpol-study-finds/

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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