OTHER THINGS YOU MAY HAVE MISSED – JANUARY 19

19th January 2019

IS SPACE THE NEW CYBER? UK DEPENDENCIES AND VULNERABILITIES

On 16th January, RUSI held a conference saying that, when space-based communication and services are critical to much of business-as-usual across government departments, as well as being fundamental requirements for contingency response, commercial operations and the UK prosperity agenda, there seems to be little understanding over vulnerabilities.  Importantly, but not widely acknowledged, space is also a key element of UK Critical National Infrastructure.  Despite the UK Space Policy published in 2017, there is an absence of anything beyond a broad set of disparate policy goals – coherence and understanding across government is severely lacking.  A 41-minute video contains a series of presentations given at the event.

https://rusi.org/UKSpace19

EXPLORING THE IMPACT OF THE US TREASURY’S BITCOIN SANCTIONS

On 2nd January, RUSI published a commentary saying that the US government’s move against 2 alleged cyber-criminals serves as a warning sign to the cryptocurrency community.  The community may choose to respond by cloaking itself in an even heavier mantle of anonymity, or it may just understand that it stands to gain from policing its activities.

https://rusi.org/commentary/crypto-crossroads-exploring-impact-us-treasury’s-bitcoin-sanctions

It also provides a link to the FAQ issued by OFAC last year and about cryptocurrencies.

https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_compliance.aspx#559

BALLISTIC MISSILE PROLIFERATION AND THE ROLE OF THE SMALLER STATE

On 19th January, the Daily News in Sri Lanka published an article that reviews this topic as the “Dealing with the missile threat in South Asia” regional seminar is held in the country.  It usefully explains a few key aspects of the 2002 Hague Code of Conduct against Ballistic Missile Proliferation (HCOC) in relation to small states (with special reference to Sri Lanka).  One point it makes is that, more so than nuclear-armed ones, ballistic missiles with chemical warheads are now a danger to third world countries.  It explains that the HCOC commitments encompass pre-launch notification of missiles and test flights, annual declarations of country’s policies on ballistic missiles launched during the preceding year, number and generic class of ballistic missiles and space launch vehicles etc, but violations can only result in political repercussions.  There are 139 signatories to the HCOC.

http://www.dailynews.lk/2019/01/19/features/174778/ballistic-missile-proliferation

CHINA: HOW DUAL-USE TECHNOLOGIES ARE ADAPTABLE AND USED TO SUPPORT ITS NAVAL EXPANSION

An article from the Maritime Executive on 18th January on the rapid building of new ships by China (or “dumping dumplings into soup broth” as the Chinese apparently say…).  Describing China as the world’s largest commercial shipbuilder, it also constructs increasingly sophisticated models of all types of naval ships and weapons systems; and asks what made this possible, and what does it mean?  It looks briefly at the history of naval construction in China, fleet modernisation and its shipbuilding strengths.  It highlights the use of dual-use technologies and systems.  High-tech, high-value-added, and high reliability commercial shipbuilding — e.g. of LNG and LPG tankers, very large crude carriers (VLCC), high-capacity container ships carrying more than 10,000 20-feet equivalent units (TEU), and even cruise ships — can be directly relevant to warship production in a way that building simple ships like bulk carriers is not.  It says that, as a result, the PLAN (the navy) is “not receiving junk” from China’s shipbuilding industry but rather increasingly sophisticated, capable vessels.

https://maritime-executive.com/editorials/chinese-naval-shipbuilding-full-steam-ahead

CHINA IN STEADY PURSUIT OF SPACE CAPABILITIES TO OUTMATCH US

Space News on 16th January carried an article about a US Defense Intelligence Agency report which says that China’s military is becoming increasingly adept at militarising commercial space technologies and is conducting “sophisticated satellite operations and probably is testing on-orbit dual-use technologies that could be applied to counterspace missions”.  It remarks on China’s growing arsenal of counterspace capabilities such as directed-energy anti-satellite weapons and satellite jammers.  It mentions an earlier report that said that China has military units that have begun training with anti-satellite missiles, and Russia is reportedly developing an airborne laser weapon system intended for use against space-based missile defence sensors.  That earlier report alos said that the increasingly frequent application of dual-use space technologies makes it more difficult for the US to discern between peaceful and potential hostile activity.  For example, future satellite servicing and recycling incorporate a variety of technologies, such as robotic arms to inspect, repair, or dispose of damaged satellites.  The same technologies have “inherent counterspace capabilities that could be used to inspect non-consenting satellites or to cause physical damage”.

https://spacenews.com/defense-intelligence-report-china-on-steady-pursuit-of-space-capabilities-to-outmatch-u-s/

IRISH ‘MASTERMIND’ BEHIND 7 MILLION CIGARETTES ILLEGALLY SMUGGLED INTO UK JAILED FOR 18 MONTHS

The Irish Sun on 18th January reported that James Duffy, 48, from Dundalk, and another man, had been caught unloading the 7 million cigarettes at a storage unit in Barnsley, South Yorkshire in June 2016.  Duffy was the brains behind the plot as he arranged the smuggling and delivery of the illegal goods, the court heard.

https://www.thesun.ie/news/3648240/irish-mastermind-cigarettes-smuggled-uk-jailed/

PAKISTAN: BID TO SMUGGLE 106 CONTAINERS OF INDIAN CLOTH FOILED IN KARACHI

ARY News on 18th January reported that the Indian clothes were smuggled into Pakistan by repackaging in Dubai.  Sources said 6 importers bought the clothes from different cities of India and then imported them to Dubai and forged documents were used, showing the clothing had been made in China.

https://arynews.tv/en/fbr-foils-attempt-to-smuggle-106-containers-of-indian-clothes/

BRAZILIAN ENFORCEMENT IN 2019: WHAT TO EXPECT

In an article dated 21st January, a Brazilian law firm predicts what enforcement will be like in the country in 2019, in the light of it still addressing the widespread corruption scandal in the wake of Operation Car Wash (Operação Lava Jato), and the new government’s minister of justice being the main judge to oversee the Operation Car Wash investigations since they started in early 2014.  It says that federal prosecutors will undoubtedly continue to provide the high-intensity enforcement activities that they have put into practice over the past few years – particularly since the launch of the Operation Car Wash investigations and other ongoing high-profile investigations.

https://www.internationallawoffice.com/Newsletters/White-Collar-Crime/Brazil/Mattos-Filho-Veiga-Filho-Marrey-Jr-e-Quiroga-Advogados/Brazilian-enforcement-in-2019-what-to-expect

FOOTBALLER SAM SODJE ‘VERY RELIEVED’ AFTER HE’S CLEARED OF MATCH-FIXING, MONEY LAUNDERING

On 19th January, Score Nigeria reported that former Nigeria international Sam Sodje has been cleared of charges of match-fixing and money laundering case dating from 2013 in the UK.

http://scorenigeria.com.ng/2019/01/19/sam-sodje-very-relieved-after-hes-cleared-of-match-fixing-money-laundering/

QATAR DONATES ARMOURED VEHICLES TO SOMALIA

On 18th January, Defence Web reported that Qatar has donated 68 armoured vehicles – Storm armoured personnel carriers made by Qatari company Stark Motors – to Somalia, to be used to fight al Shabaab militants and other terrorist organisations.  It is said to be a sign that Doha is pushing for influence in Somalia with the role of its Gulf rival, the UAE, under strain – in April 2018, Somalia disbanded a UAE programme to train some of its troops.

http://www.defenceweb.co.za/land/land-land/qatar-donates-armoured-vehicles-to-somalia/

WIFE OF MISSING EX-INTERPOL CHIEF CLAIMS ASYLUM IN FRANCE

Deutsche Welle on 19th January reported that she has formally requested refuge from French authorities as she is afraid she may be kidnapped.  Her husband, Meng Hongwei, went missing in September after travelling to his native China.

https://www.dw.com/en/wife-of-missing-ex-interpol-chief-claims-asylum-in-france/a-47146681

CURACAO PUTS OFF SELECTING OIL-REFINERY OPERATOR PENDING PROBE

Reuters on 18th January reported that the choice of refinery until a probe into corruption allegations involving the search for an operator has concluded.  The new operator is to replace corruption-racked Venezuelan oil company, PDVSA.  Reuters says that an investigation into the bidding process was opened in November after the refinery’s supervisory board received unspecified allegations about the bidding.

https://uk.reuters.com/article/us-refinery-operations-pdvsa-curacao/curacao-puts-off-selecting-oil-refinery-operator-pending-probe-idUSKCN1PC2HI

DRIVING IN THE EU AFTER BREXIT

On 18th January, the UK Department for Transport published information on what private and commercial drivers from the UK may need to do to drive abroad when the UK leaves the EU on 29th March.  For example, in the event that the UK leaves the EU without a deal, UK drivers may also need an international driving permit (IDP) to drive in the EU and EEA.

https://www.gov.uk/government/publications/prepare-to-drive-in-the-eu-after-brexit

UK: 43 YEARS PRISON SENTENCES FOR 3 MEN WHO SOLD FENTANYL ON DARK WEB

A NCA news release on 18th January advised that 3 men who ran a dark web business selling the potentially lethal drugs fentanyl and its analogue carfentanyl to customers across the UK and worldwide, have been jailed for a total of 43½ years.  The gang mixed fentanyl – which is up to 100 times stronger than morphine – and its analogue carfentanyl – which is 10,000 times stronger, with bulking agents at an industrial unit in Leeds.  They sold 2,853 items to 443 customers worldwide with 172 in the UK.  Between December 2016 and April 2017 they turned over £163,474.

http://www.nationalcrimeagency.gov.uk/news/1551-43-years-for-trio-who-sold-potentially-lethal-drug-fentanyl-over-the-dark-web

MALAYSIA “CAN’T FIND BUYER FOR 1MDB FRAUDSTERS $130 MILLION YACHT”

Kenneth Rijock in his blog on 18th January says that it seems Malaysia is having a lot of trouble finding a buyer willing to pay a fair price for 1MDB fugitive fraudster Jho Low’s mega-yacht.  Malaysia is said to be paying the equivalent of over $750,00 per month to maintain the the luxury yacht.

http://rijock.blogspot.com/2019/01/malaysia-cant-find-buyer-for-1mdb.html

UK: LENGTHY JAIL TERMS FOR SCAMMERS WHO TRIED TO BRIBE BANK STAFF

On 17th January, the CPS published a news release said that 2 accomplices who offered bribes to bank staff in an attempt to swindle hundreds of thousands of pounds have been jailed.  Using his inside knowledge, a former RBS employee and an associate asked 2 ex-colleagues who still worked at the bank to make a number of illegal transfers of £200,000 each time.  The money would go from RBS’s ‘suspense’ accounts – where more than £3 billion of invalid payments were held – into accounts under their control, with the men claiming they had bank contacts in India to assist in the crime.  One was sentenced to 3 years and 2 months in prison, while the other was jailed for 30 months.

https://www.cps.gov.uk/west-midlands/news/lengthy-jail-terms-scammers-who-tried-bribe-bank-staff

UK: OPEN JUSTICE WINS OUT AS COURT RELEASES TOBACCO CASE PAPERS

Litigation Futures on 17th January reported that another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.  The MoJ consulted last year on steps to clarify open justice requirements in relation to hearings in private and reporting restrictions – the outcome has not yet been announced.  In the latest case, a representative of the Campaign for Tobacco Free Kids (a US-based NGO) then sought disclosure of various court documents, supported by Action on Smoking and Health (ASH) intervening.  The NGO said disclosure of various pieces of evidence used in the cases would aid the understanding of the legal and factual issues surrounding the question of standardised packaging and would promote debate.  The article said that the decision in favour of disclosure was also strengthened by WHO guidelines urging a “proactive” approach to transparency in dealing with documentation and reporting by the tobacco industry.

https://www.litigationfutures.com/news/open-justice-wins-out-as-court-releases-of-tobacco-case-papers

GERMANY: ARMS EXPORTS APPROVALS DOWN 23%

On 17th January, Deutsche Welle reported that the Economy Ministry has reported a 23% fall in arms exports approvals in 2018, one of the biggest in years.  A moratorium on all arms exports to Saudi Arabia was a major factor in the significant decline.  However, total arms exports approvals still amounted to €4.82 billion.  A downward trend has been recorded every year since 2015, when Germany exported a record-breaking €7.86 billion in arms.  But there was an increase in exports of light arms.

https://www.dw.com/en/germany-arms-exports-approvals-down-a-quarter/a-47113874?maca=en-Twitter-sharing

MYTHS AND REALITIES ABOUT INCENDIARY WEAPONS

Human Rights Watch published this article on 14th November, a memorandum to Delegates of the 2018 Meeting of States Parties to the Convention on Conventional Weapons.  It says that such weapons are regulated by Protocol III to the Convention on Conventional Weapons (CCW), but that instrument has loopholes that reduce its legal and normative power.  The article seeks to rebut common myths about incendiary weapons and the law that regulates them.  It says that they inflict exceptionally cruel injuries; have been used repeatedly in recent armed conflicts, most notably in Syria; Protocol II contains 2 loopholes that interfere with its ability to protect civilians; it excludes multipurpose munitions, such as those containing white phosphorus – and humanitarian harm caused by white phosphorus munitions outweighs their potential usefulness on the battlefield, and less dangerous alternatives exist; strengthening Protocol III, which requires only small changes to the text, would be legally and procedurally straightforward; and closing the loopholes in Protocol III will better protect civilians by more strictly regulating states parties’ use of incendiary weapons and by creating a more powerful norm against their use.

https://www.hrw.org/news/2018/11/14/myths-and-realities-about-incendiary-weapons

US AIR FORCE 3D PRINTS METAL PARTS TO KEEP F-22 FIGHTER REPAIR COST DOWN

Flight Global on 18th January reported that, for the first time, the USAF has 3-D printed and installed a replacement titanium part on a Lockheed Martin F-22 Raptor as part of a greater effort to shrink repair costs and time.

https://www.flightglobal.com/news/articles/usaf-3-d-prints-metal-parts-to-keep-f-22-repair-cost-455133/

THE NEW UK NATIONAL ECONOMIC CRIME CENTRE AND ECONOMIC CRIME STRATEGIC BOARD – WHAT WILL THEY BRING TO THE TABLE?

An article from Eversheds Sutherland on 18th January says that it seems that one particular focus for the ESCB will be SAR reform.  The ECSB follows the new multi-agency National Economic Crime Centre (NECC) hosted in the NCA to task and co-ordinate the law enforcement response, working in the closest possible partnership with the private sector.  The article says these 2 public-private partnerships follow the model of previous working groups such as the Joint Money Laundering Intelligence Taskforce (JMLIT) set up in 2015 and are part of a wider global trend towards such arrangements.  The article says that, with its high-profile cabinet minister co-chairs, it will be interesting to see whether the ECSB prompts the government to take more ownership for tackling financial crime.

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en/Fraud_and_financial_crime/New_Economic_Crime_Strategy_Board

BULGARIAN POLICE MAKE TERRORISM FINANCING ARRESTS

Rferl on 18th January reported that Bulgarian special police forces have dismantled a suspected terrorism financing ring and detained 43 people in co-ordinated raids across the country.  One of the suspects was a Syrian citizen permanently residing in Bulgaria who allegedly transferred money to people abroad linked to militant groups.  The announcement did not reveal the names of the groups or the countries where they allegedly operate, but explained that the funds had been sent through the traditional Muslim hawala system that uses individual brokers rather than banks.

https://www.rferl.org/a/bulgarian-police-make-terrorism-financing-arrests/29718194.html

CAMEROON: COMPANY LOSES CONTAINER PORT CONCESSION

On 9th January, it was reported that the Douala Port Authority published 5 shortlisted companies to run the Douala International Terminal from 2020, excluding current operator Bolloré.  The reason for Bolloré’s exclusion were not disclosed.  However, Hellenic Shipping News mentions that the French company operates 17 ports across West and Central Africa and has been embroiled in a series of corruption investigations regarding its business practices in the region.

https://www.hellenicshippingnews.com/protection-vessels-international-weekly-maritime-security-report-74/

PARAGUAY BANS ENTRY OF LARGE TRUCKS FROM BRAZIL

On 9th January, it was reported that Paraguay had blocked access by large trucks from Brazil.  Brazilian soy bean producers in Mato Grosso state use Concepcion port in Paraguay for shipping, which is likely to be affected by Paraguay’s decision.

https://www.hellenicshippingnews.com/protection-vessels-international-weekly-maritime-security-report-74/

SOUTH AFRICA: AUTHORITIES SEIZE 706 KG OF COCAINE FROM SHIP IN TRANSIT BETWEEN BRAZIL AND SINGAPORE AND INDIA

On 8th January, it was reported that the vessel had arrived from Brazil and was due to dock in Singapore before reaching its final destination of India.  The drugs were concealed on the bottom floor of the ship under more than 3,000 containers.

https://www.hellenicshippingnews.com/protection-vessels-international-weekly-maritime-security-report-74/

CANADIAN PRETENDED TO BE BRITISH BILLIONAIRE TO DEFRAUD US INVESTORS

On 28th December, the Seattle Times carried the story of Keenan Alexander Gracey who, it says, swanned around Seattle and Los Angeles in Bentleys, Ferraris and Lamborghinis and hosted gatherings at multi-million dollar mansions.  He claims a long pedigree of wealth and privilege — his great grandfather, he said, had co-founded General Dynamics and Lloyd’s of London.  He was arrested by the FBI in December and charged with defrauding at least 25 investors of more than $3 million starting in mid-2016 – the mansions, it turned out, were mere rentals, in one case booked online at a rate of $7,500 a day.

https://www.seattletimes.com/business/high-living-clyde-hill-man-was-really-running-an-investment-scam-officials-charge/

FORMER MOSSACK FONSECA EMPLOYEE EXTRADITED FROM FRANCE TO GERMANY

On 18th January, OCCRP reported that he was extradited to Germany in connection to the sprawling international tax scheme exposed by the Panama Papers investigation.  Dirk Brauer is a German investment banker.  He was arrested at an airport in November, and has also been indicted in the US for assisting in a fraud.  OCCRP says that Brauer was co-operating with prosecutors in Munich at the time he was charged in the US.  He had already provided German investigators with extensive evidence and testimony on his former clients.

https://www.occrp.org/en/27-ccwatch/cc-watch-briefs/9138-former-mossack-fonseca-employee-extradited-to-germany

CHAMBERS GLOBAL PRACTICE GUIDE TO BANKING AND FINANCE IN IRELAND IN 2019

On 18th January, Irish law firm Matheson made this guide available on its website, the Ireland chapter of a leading international publication.  It covers a wide range of topics, including such things as usury law protection, project finance and Islamic finance, insolvency and bankruptcy and enforcement.

https://www.matheson.com/news-and-insights/article/chambers-global-practice-guide-to-banking-and-finance-in-ireland-in-2019

FAKE LORD BATTLES MODEL EX-WIFE OVER CASH TO GET HIM OUT OF JAIL

Birmingham Live on 19th January reported that “Lord” Hugh Rodley (aka Hugh Rodley, Brian McGough and Hugh James McGough), convicted in 2009 for his part in the world’s biggest attempted bank raid, a bid to syphon £229 million from the London offices of Sumitomo Mitsu Banking Corporation, is fighting a legal battle with former Birmingham model Pamela Rodley, who also ran a hairdressing business in the city.  Southwark Crown Court has ordered the forfeiture of £1 million Tudor Manor, near Tewkesbury – which she says she paid for alone, and so should not be forfeit to pay his debt.  In 2012, he was sentenced to 7 years for fraud and ordered to repay the £1.2 million.  He was given an further 7 years in 2016 for failing to produce the cash – but could be released if the manor house is sold and the proceeds paid over.

https://www.birminghammail.co.uk/news/midlands-news/lord-fraud-battles-model-ex-15675271

MONEY LAUNDERING A BILLION-DOLLAR INDUSTRY IN BRITISH COLUMBIA

A report from CTV News in Vancouver on 18th January says that the province’s Attorney General says that he is shocked and frustrated because the higher dollar estimates in a new report appear to have been known by the federal government and the RCMP, but weren’t provided to the BC government.  Last year the “Dirty Money” report said that money laundering in the province amounted to more than $100 million at provincial casinos.  That number now appears low, especially after the release of 2 further reports – one that estimates money laundering in BC at more than $1 billion annually, although a time period wasn’t mentioned; and a RCMP report estimates $1 billion worth of property transactions in Vancouver were tied to the proceeds of crime.  The AG also said that a clandestine banking operation revealed in a FATF report and which laundered money in BC that was not fully known by the provincial government.

https://bc.ctvnews.ca/money-laundering-a-billion-dollar-industry-in-b-c-report-1.4259778

BRITISH GOVERNMENT ACCUSED OF MISLEADING PUBLIC OVER ARMS SALES TO HUMAN RIGHTS ABUSERS

The Independent on 18th January reported that Foreign secretary Jeremy Hunt has been accused of misleading parliament about UK weapons sales to repressive regimes, amid growing pressure on the government over the lucrative trade.  At issue is a 2014 change to the wording of the rules that govern which countries can be sold weapons and military equipment made in the UK. This apparently changed the criteria from refusing arms exports “which might be used for internal repression”, to refusing “if there is a clear risk that items might be used for internal repression”.

https://www.independent.co.uk/news/uk/home-news/arms-sales-uk-saudi-arabia-weapons-jeremy-hunt-yemen-war-parliament-commons-a8732721.html

https://www.politicshome.com/news/uk/foreign-affairs/news/101213/excl-ministers-under-fire-new-figures-shed-light-shameful-saudi

OTHER THINGS YOU MAY HAVE MISSED – JANUARY 18

 

18th January 2019

ENGAGING WITH EUROPE’S DE FACTO STATES AND BREAKAWAY TERRITORIES: THE STRANGE NORMALITY OF LIFE IN A BREAKAWAY AND UNRECOGNISED STATE

On 11th January, the Carnegie Center Europe published an article saying that Abkhazia, Transdniestria, and northern Cyprus exist on maps but are not full nation states. Life goes on, but it is all a little more complicated than elsewhere in the world.  The article introduced a report published in December about the status of,  and situation in, the 3 places.  The report also compares and contrasts the 3 more established “countries” with 2 new unrecognised territories that have emerged as a result of the conflict in Ukraine and calling themselves the Donetsk People’s Republic and Lugansk People’s Republic (DNR and LNR).  The other trio of European statelets are among the few territories in the world, mostly formed by war, which exist on maps but are not full nation states, or members of international organisations.  However, it says, they are self-governing and fairly stable.  On the other hand, it says, that is not to say they are without problems. Human trafficking, for example, is a big issue in both northern Cyprus and Trans-Dniester.  Trans-Dniester, which has quietly signed up to Moldova’s free trade agreement with the EU and its cars use neutral-looking number plates registered in Moldova.

https://carnegieeurope.eu/2018/12/03/uncertain-ground-engaging-with-europe-s-de-facto-states-and-breakaway-territories-pub-77823

GERMAN POLICE ARREST SUSPECTED SICILIAN MOBSTERS FOR DRUG SMUGGLING: ALLEGED LINKS WITH TURKISH CLANS AND THE CALABRIAN ‘NDRANGHETA.

On 17th January, Deutsche Welle reported that  Italian and German police have launched raids against members of the Sicilian Mafia, according to Italian officials.  The suspects in Germany were allegedly linked with Turkish clans and the Calabrian ‘Ndrangheta. It says that in recent years, both the Sicilian Cosa Nostra and the Calabrian ‘Ndrangheta have developed extensive operations in Germany.

https://www.dw.com/en/german-police-arrest-suspected-sicilian-mobsters-for-drug-smuggling/a-47122157

HOW AI IS TRANSFORMING THE FIGHT AGAINST MONEY LAUNDERING

The World Economic Forum blog on 17th January published a post saying that it is up to financial institutions to take the leap and use AI and machine learning to detect human traffickers, narcotics and arms sales, terrorist payments, and the money laundering that fuels these activities.  It also says that regulators are now encouraging financial institutions to experiment, and to use the power of AI and machine learning to detect suspicious activity; and to implement these AI solutions successfully, subject matter experts must be integral to the process to translate the problem, identify the challenges to solving it, and find the best solution to address the issues in this area.  Helpfully, it explains that there are 2 kinds of AI and machine learning: supervised and unsupervised and each has its own particular strengths –

  • supervised learning: a model is trained using already categorised data to identify potentially suspicious transactions; and
  • unsupervised learning: computer scientists expose the system to raw uncategorised data. Through interactions with the data, the computer system identifies patterns that might signal money laundering – and also suggests new ways to organise and analyse data.

https://www.weforum.org/agenda/2019/01/how-ai-can-knock-the-starch-out-of-money-laundering/

CAN BREXIT FRUSTRATE A LEASE?

Taylor Wessing on 17th January published an article saying that, in an interesting and potentially far reaching case concerning Brexit, the owner of the Canary Wharf estate has brought a claim in the High Court to determine whether Brexit is capable of rendering a lease contract terminated, through the legal doctrine of frustration, after the European Medicines Agency (EMA) has decided to relocate from London to Amsterdam in the wake of the uncertainty caused by the ongoing Brexit negotiations.

https://united-kingdom.taylorwessing.com/en/insights/red-alert/stop-the-press-can-brexit-can-frustrate-a-lease

THE LATEST CASH CRUNCH BEHIND ZIMBABWE’S PROTESTS

On 17th January, Defence Web produced an explanation of what caused the latest protests and clashes in Zimbabwe.  There is a severe shortage of dollars, fuel and medicines, while inflation hit 31% in November, the highest in a decade. Foreign investors are said, by and large, to be staying away.  In the past 2 months, the country has suffered acute shortages of imported goods, including medicines, food and fuel.  The country abandoned the Zimbabwe dollar in 2009 after inflation reached 500 billion percent the year before. In its place, the government adopted the US dollar and other currencies including sterling and the South African rand – but supplies of these have dried up and authorities launched a surrogate currency – paper ‘bond notes’, but banks have limited withdrawals to around $30 a day.  Companies are struggling to import raw materials and equipment, forcing them to buy dollars on the black market.

http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=54262:explainer-the-latest-cash-crunch-behind-zimbabwes-protests&catid=54:Governance&Itemid=118

HOME WITH BULLETPROOF WINDOWS, SAUNA AND €72,000 BURIED IN GARDEN “IS PROCEEDS OF CRIME”

The Irish Independent on 18th January reported that the High Court had ruled that a Dublin house with a hot tub, sauna and bulletproof windows, an apartment in Bulgaria and around €72,000 in cash are the proceeds of crime, beneficially owned by alleged drug trafficker Jason Boyle, but were registered in the names of his parents Larry and Rosaleen Boyle to conceal his involvement.

https://www.independent.ie/irish-news/courts/home-with-bulletproof-windows-sauna-and-72k-buried-in-garden-proceeds-of-crime-high-court-rules-37724357.html

MALAWI: FORMER MINISTER IN COURT OVER CASH FOUND IN SUITCASES

The Nyasa Times on 18th January reported that George Chaponda, former minister of agriculture and water development, returned to court after the Anti-Corruption Bureau appealed a decision to acquit him in a corruption case relating to Zambian maize purchases in 2016.  During the “Maizegate” investigation, ACB raided Chaponda’s home and found 2 suitcases stuffed with cash – he claimed the money belonged to the governing DPP political party.

https://www.nyasatimes.com/chaponda-returns-to-court-over-cash-found-stashed-in-suitcases

WHY THE SUPER-RICH ARE FLOCKING TO PUERTO RICO

On 18th January, a video report from NBC News says that little-known regulations passed in 2012 made the island a tax haven for the richest 1%.  It asks are the policies giving the economy the boost it needs, or doing more harm than good?

https://www.nbcnews.com/video/why-the-super-rich-are-flocking-to-puerto-rico-1427964483978

CHARITY COMMISSION INQUIRY INTO THE CUP TRUST CONCLUDES TRUSTEE RESPONSIBILITY FOR TAX AVOIDANCE SCHEME

UK Fundraising on 18th January reported on the conclusion of a 5-year long inquiry into The Cup Trust and its tax avoidance scheme has concluded clear responsibility by its corporate trustee Mountstar Ltd.  The charity was involved in a complex tax avoidance scheme, which, if successful, would have resulted in the charity benefiting from gift aid payments from HMRC.  It says that Mountstar Limited is responsible for “clear mismanagement and misconduct” and failed to fulfil its legal duties as trustee in entering the charity into the scheme and managing its participation in the scheme.

https://fundraising.co.uk/2019/01/18/five-year-commission-inquiry-cup-trust-concludes-trustee-responsibility/#.XEGV0PZ2t9A

THE IMPORTANCE OF THE SANCTIONS REGIME IN SUDAN

On 18th January, the UK FCO published a statement by Ambassador Jonathan Allen, UK Deputy Permanent Representative to the UN at the Security Council briefing on the 1591 Committee.

https://www.gov.uk/government/speeches/the-importance-of-the-sanctions-regime-in-sudan

SEGREGATED PORTFOLIO COMPANIES (SPC) IN THE BVI

On 17th January, Ogier published an article providing a look at registration, key features and licensing considerations of SPC.

https://www.ogier.com/publications/segregated-portfolio-companies-in-the-bvi

BVI COMPANY INCORPORATION AND PARTNERSHIP FORMATION

Also on 17th January, Ogier produced this briefing.

https://www.ogier.com/publications/bvi-company-incorporation-and-partnership-formation

A NEW TEST FOR RECTIFICATION OF TRUSTS IN JERSEY

On 17th January, Ogier published an article about a recent Jersey Court of Appeal case which considered the rectification of the terms of a Jersey law declaration of trust.  It says that this was the first occasion that the Court of Appeal had considered the rectification of trusts in Jersey and resulted in the Court of Appeal setting out a new 7-stage test.

https://www.ogier.com/publications/court-of-appeal-puts-the-record-straight-a-new-test-for-rectification-of-trusts-in-jersey

URUGUAY FIRST TO ADOPT PLAN PACKAGING FOR CIGARETTES IN SOUTH AMERICA

On 17th January, TJI reported that tobacco companies will have 1 year to comply with the new plain packaging law.  Uruguay has already introduced other tobacco control policies such as 100% smoke-free laws, graphic health warnings, advertising bans and higher taxes on tobacco products.  Australia, the UK, France, Ireland, New Zealand and Norway have already implemented plain packaging.

http://www.tobaccojournal.com/First_to_Adopt_Plain_Packs_in_Latin_America.55104.0.html

INDIA: WANTED IN 5 STATES, BOOKIE EVADED POLICE FOR 4 YEARS

On 18th January, the Indian Express carried the story of Anil Jaisinghani.  In May 2015, the Gujarat Enforcement Directorate (ED) raided 2 of his houses and charged him under the Prevention of Money Laundering Act.  He is wanted in si6x cases registered in 5 states, and arrested 3 times in one betting case, he has, in all, 16 cases registered against him.

https://indianexpress.com/article/cities/mumbai/on-the-run-wanted-in-five-states-bookie-from-ulhasnagar-evading-police-for-4-years-5544018/

GERMANY WEIGHS BANNING HUAWEI FROM 5G AMID HEIGHTENED SCRUTINY

The Wall Street Journal on 17th January reported that Germany is said to be exploring ways to ban the use of Huawei Technologies products in the country’s telecommunications infrastructure.

https://www.wsj.com/articles/germany-explores-ways-to-exclude-huawei-from-5g-mobile-infrastructure-11547722800?mod=searchresults&page=1&pos=3

HM TREASURY AND ISLE OF MAN RENEW TERRORISM SANCTIONS

In Notices published on 18th January, OFSI at HM Treasury notified that sanctions measures imposed on EUZKADI TA ASKATASUNA (ETA) and the HIZBALLAH MILITARY WING under the Terrorist Asset-Freezing etc. Act 2010 (TAFA) have been renewed.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771955/TAFA_Renewal_Notice_-_ETA_-_18-01-2019.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771959/TAFA_Renewal_Notice_-_Hizbullah_Military_Wing_-_18-01-2019.pdf

A news release from the Isle of Man on 18th January also notified the renewal of sanctions on ETA.

https://www.gov.im/news/2019/jan/18/financial-sanctions-terrorism-and-terrorist-financing/

CHINESE DRONE MAKER EXPECTS $150 MILLION LOSS DUE TO CORRUPTION

Reuters on 18th January reported that the world’s largest maker of consumer drones, China’s SZ DJI Technology Co Ltd, expects losses of more than $150 million for 2018 due to internal corruption.  It is said that 40 people at the company are under investigation.

https://in.reuters.com/article/china-dji/chinese-drone-maker-dji-expects-150-million-loss-due-to-corruption-report-idINKCN1PC14T

7 CHARGED IN TAIWAN OVER ILLEGAL CRYPTOCURRENCY INVESTMENT SCHEME

On 18th January, Focus Taiwan reported that 7 people who were arrested in June 2018 for allegedly operating a fraudulent cryptocurrency investment scheme have been officially charged.  The Bitcoin investment scheme was both illegal under Taiwan law and also a fraud and was aimed at “investors” in Taiwan and China.

http://focustaiwan.tw/news/asoc/201901180015.aspx

FOOTBALL LEAKS” WHISTLEBLOWER ARRESTED IN BULGARIA

Der Spiegel in Germany reported on 18th January that Bulgarian police had arrested a 30-year-old Portuguese on an European arrest warrant from Portugal.  He has been accused of attempted extortion and illegal acquisition of data.  The Portuguese authorities are now seeking his extradition.

http://www.spiegel.de/international/world/whistleblower-with-football-leaks-arrested-portugal-seeks-suspect-s-extradition-a-1248701.html#ref=rss

VENEZUELA: FORMER CHÁVEZ BODYGUARD MOVES OUT OF THE SHADOWS AND INTO THE GOOD LIFE

On 18th January, OCCRP published an article about Carlos Luis Aguilera Borjas, the former bodyguard of Venezuelan leader Hugo Chávez.  He is said to have spent his time after leaving government amassing a fortune, participating in businesses in Venezuela and abroad that tapped into lucrative government contracts, registered companies in tax havens, opened an account in a Swiss bank, and took frequent trips via chartered jet.  One Swiss bank official valued Aguilera’s fortune in 2013 at US$100 million.  How he made his fortune was revealed by investigative reporting last year.  He was part of a network of insiders who built fortunes during the Chávez years and during the administration of his successor, President Nicolás Maduro.  His companies, including interests in real estate in Madrid, were in Spain, Panama and Barbados as well as Venezuela.

https://www.occrp.org/en/chavezman/former-chavez-bodyguard-moves-out-of-the-shadows-and-into-the-good-life/

HACKING THROUGH VENEZUELA’S THICK FOREIGN EXCHANGE JUNGLE

Another article from OCCRP on 18th January is concerned with a strict foreign exchange system that gave government bodies control over official exchange rates – 16 years into a “temporary” measure – and the fraud and black market it spawned.  Former government officials have estimated that as much as US$ 300 billion in state revenues went missing, while one Venezuelan economist estimates that the government has given away $41.27 billion in exchange subsidies between 2014 and mid-2018.

https://www.occrp.org/en/chavezman/hacking-through-venezuelas-thick-foreign-exchange-jungle/

TRINIDAD & TOBAGO: CUSTOMS OFFICERS SEIZE SHIPMENT OF TEAK BOUND FOR INDIA

The Trinidad & Tobago Guardian on 18th January reported that Cus­toms and Ex­cise of­fi­cers, car­ry­ing out an in­spec­tion of con­tain­ers for ex­port, dis­cov­ered the teak in its rough, un­dressed for­mat.  The ex­por­t of teak is not banned, but it must be prop­er­ly pre­pared.

http://www.guardian.co.tt/news/customs-officers-seize-shipment-of-teak-bound-for-india-6.2.759532.2d302021ee

AFGHAN FIU REPORT

The Financial Transaction and Reports Analysis Center of Afghanistan (FinTRACA) has issued its annual report for 2018.  It explains the AML/CFT framework in Afghanistan and details the numbers of SAR received, anti-corruption, narcotics and terrorism convictions, cash transaction reports etc.  Only 767 SAR were received last year.  It also provides an update on the progress of the AML/CFT national risk assessment project – due to be concluded during 2019.

http://fintraca.gov.af/assets/Annual%20Report/FinTRACA_Annual%20Report_2018.pdf

NETHERLANDS: ING TO CUT BONUSES AFTER €775 MILLION SETTLEMENT IN MONEY LAUNDERING CASE

Dutch News on 18th January reported that banking group ING has less money to spend on 2018 performance-related bonuses because of the €775 million fine the bank has paid in an out-of-court settlement for money laundering failures, and bonuses will be ‘considerably smaller’ than the €403 million divided up between staff in 2017.
https://www.dutchnews.nl/news/2019/01/ing-to-cut-bonuses-after-e775m-settlement-in-money-laundering-case/

MHRA CONFIRMS IT WILL CONSIDER UK VERSION OF EU FALSIFIED MEDICINES DIRECTIVE

On 15th January, the Pharmaceutical Journal reported that with less than a month until the Falsified Medicines Directive (FMD) is implemented on 9th February, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed that if there is a no-deal Brexit it will consider a UK-only version of the EU law and its “safety features”.  It reminds one that if the UK leaves the EU without a deal, access to the EU database — including the European Medicines Verification System (EMVS), which is the heart of FMD compliance — will be revoked.

https://www.pharmaceutical-journal.com/news-and-analysis/news-in-brief/mhra-confirms-it-will-consider-uk-version-of-falsified-medicines-directive/20206001.article

The MHRA had already said that FMD-compliance was to be part of its pharmacy inspections, and could include criminal prosecution for serious and persistent breaches.

https://www.pharmaceutical-journal.com/news-and-analysis/news/fmd-compliance-to-be-part-of-pharmacy-inspections/20206022.article

https://www.pharmaceutical-journal.com/news-and-analysis/special-reports/special-report-falsified-medicines-directive/

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