OTHER THINGS YOU MAY HAVE MISSED – FEBRUARY 13

13th February 2019

 REPORT TO CONGRESS ON IRAN’S NUCLEAR PROGRAMME

On 12th February, USNI carried a copy of the Congressional Research Service report on Iran’s compliance with international obligations.  It says that several UN Security Council Resolutions adopted between 2006 and 2010 required Iran to co-operate fully with the International Atomic Energy Agency’s (IAEA) investigation of its nuclear activities, suspend its uranium enrichment programme, suspend its construction of a heavy-water reactor and related projects, and ratify the Additional Protocol to its IAEA safeguards agreement.  When the JCPOA was implemented in 2016 all of the previous UN Resolutions’ requirements were terminated – and the nuclear Nonproliferation Treaty (NPT) and UN Security Council Resolution 2231 comprise the current legal framework governing Iran’s nuclear programme, and the report says that Iran has complied with the JCPOA and the Resolution.  However, for several years the IAEA still had questions concerning “possible military dimensions to Iran’s nuclear programme”.  The Congressional report provides a brief overview of Iran’s nuclear programme and describes the legal basis for the actions taken by the IAEA board and the UN Security Council.

https://news.usni.org/2019/02/12/report-congress-irans-nuclear-program

 EU BEGINS PROCESS TO SUSPEND CAMBODIAN TRADE PREFERENCES

On 13th February, the European Sanctions Blog reported that the EU had initiated the process that could lead to the temporary suspension of Cambodia’s duty-free and quota-free access to the EU Single Market following the deterioration of democracy, respect for human rights and the rule of law in Cambodia over the past 18 months.  Suspension has not happened, but initially leads to greater monitoring.

https://www.europeansanctions.com/2019/02/eu-begins-procedure-to-suspend-cambodia-trade-preferences/

PODCAST: BOARD SUPPORT FOR THE COMPLIANCE FUNCTION

In the latest TRACE podcast, Jeff Cottle of Norton Rose Fulbright discusses how to secure and maintain board support, what ideal communications patterns look like and when and how to leave if the board refuses to hear bad news.

https://traceinternational.org/bribe_swindle_or_steal

US TREASURY ISSUES GUIDANCE ON VENEZUELA SANCTIONS TO COUNTER CONFUSION IN BOND MARKET

On 13th February, the Wall Street Journal reported that the guidance was required due to confusion in the Venezuelan bond market that resulted from new sanctions.  The sanctions blocked US investors from buying bonds issued by the state-oil company PdVSA, but allowed investors to hold on to previously purchased debt and to sell bonds to foreign entities.   Confusion over sales to foreigners, led to a halt in trading.

https://www.wsj.com/articles/u-s-guidance-on-venezuela-sanctions-seeks-to-clear-up-confusion-lawyers-say-11550007588?mod=searchresults&page=1&pos=5

EU REPORT – JUDICIAL CO-OPERATION ACROSS BORDERS CRUCIAL FOR SUCCESSFUL CONFISCATION OF CRIMINAL ASSETS

On 12th February, a report from Eurojust, the EU Judicial Cooperation Unit, takes an in-depth look at the experience on the ground in cross-border asset recovery investigations in the EU between January 2014 and March 2018.  The report is a practical guide for prosecutors and investigative judges around the EU working on criminal financial investigations, explaining how to follow the money and subsequently freeze, confiscate and recover the assets.

eurojust

http://www.eurojust.europa.eu/press/PressReleases/Pages/2019/2019-02-12.aspx

EX-VATICAN PRELATE CONVICTED OF CORRUPTION IN CASH SMUGGLING CASE

The State on 13th February reported that a monsignor who had worked as a senior Vatican accountant has been convicted of corruption in connection with a failed cash-smuggling plot.  Rev. Nunzio Scarano was convicted in Rome of corruption and was sentenced to 3 years in prison for involvement in a plan to smuggle €20 million into Italy from Switzerland aboard an Italian government plane.

https://www.thestate.com/news/business/national-business/article226215860.html

HEAD OF APPLE’S ANTI-INSIDER TRADING PROGRAMME CHARGED WITH INSIDER TRADING

The Register reported on 13th February that Gene Daniel Levoff, Apple’s former global head of corporate law, and whose duties at Apple was to oversee the company’s insider trading programme, designed to recognise and prevent the illegal activity he has now been accused of.

https://www.theregister.co.uk/2019/02/13/apple_insider_trading

TOP 10 TIPS FOR FINANCIAL CRIME PREVENTION: IS YOUR BUSINESS IN GOOD SHAPE?

On 1st February, Womble Bond Dickinson published this article which says that yy following the top 10 tips is presents, businesses can be as well prepared as possible to address any issues that arise.

https://www.womblebonddickinson.com/uk/insights/articles-and-briefings/top-ten-tips-financial-crime-prevention-your-business-good-shape

THE RAFALE CONTROVERSY: WHAT YOU NEED TO KNOW ABOUT INDIA’S FIGHTER JET DEAL WITH FRANCE AND CORRUPTION ALLEGATIONS

On 13th February, Deutsche Welle published a briefing saying that a 2016 fighter jet deal with France is beginning to cause problems for Prime Minister Modi, whose detractors accuse him of corruption.   It presents 10 key points about the agreement between New Delhi and Dassault Aviation.

https://www.dw.com/en/rafale-controversy-what-you-need-to-know-about-indias-fighter-jet-deal-with-france/a-47495210

CANADA’S NEW DEFERRED PROSECUTIONS REGIME, ONCE QUIETLY CHEERED, NOW JEERED IN MEDIA AMID SCANDAL

M Lex on 12th February reported that the once-herald DPA scheme is under scrutiny after a report alleging that Prime Minister Justin Trudeau pressured an attorney general to grant a deal to bribery-accused engineering firm SNC-Lavalin.

https://mlexmarketinsight.com/insights-center/editors-picks/anti-bribery-and-corruption/north-america/canadas-new-deferred-prosecutions-regime,-once-quietly-cheered,-now-jeered-in-media-amid-scandal

https://www.cbc.ca/radio/frontburner/a-widening-scandal-and-snc-lavalin-s-history-of-alleged-corruption-1.5017017

BULGARIAN BANK PROBED FOR MONEY TRANSFERS FROM VENEZUELA

BTA on 13th February reported that Bulgarian authorities are probing a Bulgarian bank for large transfers from Venezuela.  It says that the US provided information on wire transfers from Venezuelan state-owned oil company PdVSA to Bulgarian bank accounts, where large sums were wired and then funds were transferred abroad.

http://www.bta.bg/en/c/DF/id/1957113

ARGENTINA’S BOOMING MARIJUANA TRADE CRIPPLING JAILS

Insight Crime on 13th February reported that a strategic province in north-east Argentina is running out of jail space because of the massive number of marijuana traffickers arrested there, illustrating how the South American nation continues to grow as both a transit hub and local drug market – with complications stem from Misiones’ booming marijuana trade.

https://www.insightcrime.org/news/brief/argentina-booming-marijuana-trade-crippling-jails/

SPACE

https://www.rferl.org/a/active-satellites-by-country/29766039.html

UN HIGH COURT REJECTS US ATTEMPT TO THROW OUT IRANIAN SUIT FOR FROZEN ASSETS

Rferl on 13th February reported that the International Court of Justice (ICJ) has affirmed its jurisdiction to hear a case brought by Iran to recover billions of dollars in assets that are frozen in the US – a claim by Iran to recover some $2 billion in bank assets seized by US courts, funds that were impounded during the 1979 Islamic Revolution in Iran.

https://www.rferl.org/a/un-court-iran-assets-frozen-us/29767162.html

 

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ISLE OF MAN CONSULTATION ON THE AML/CFT FRAMEWORK

On 13th February, the FSA announced a joint consultation exercise with the Department of Home Affairs and the Treasury on proposed changes to the Island’s AML/CFT framework.  The updated framework needs to be in force by July 2019 in order to coincide with the Island’s next follow-up report to MONEYVAL and its consideration at their plenary scheduled for July 2019.  Responses are required by 27th March.  The proposed update includes remediation action identified by MONEYVAL in their evaluation of the island, and also amendments identified by the FSA staff over time through supervisory activities and discussions with relevant persons.  It also proposes separate codes for NPO and gambling sectors.

https://www.iomfsa.im/fsa-news/2019/feb/consultation-on-the-amlcft-framework/

EU REPORT – JUDICIAL CO-OPERATION ACROSS BORDERS CRUCIAL FOR SUCCESSFUL CONFISCATION OF CRIMINAL ASSETS

On 12th February, a report from Eurojust, the EU Judicial Cooperation Unit, takes an in-depth look at the experience on the ground in cross-border asset recovery investigations in the EU between January 2014 and March 2018.  The report is a practical guide for prosecutors and investigative judges around the EU working on criminal financial investigations, explaining how to follow the money and subsequently freeze, confiscate and recover the assets.

http://www.eurojust.europa.eu/press/PressReleases/Pages/2019/2019-02-12.aspx

eurojust

US TREASURY CRITICISES EUROPEAN COMMISSION LIST OF JURISDICTIONS WITH STRATEGIC AML/CFT DEFICIENCIES

On 13th February, a news release from the US Treasury said that it has significant concerns about the substance of the list and the “flawed” process by which it was developed – saying that the process for developing its list contrasts starkly with FATF’s thorough methodology.  It also said that the Commission failed to provide affected jurisdictions with any meaningful opportunity to challenge their inclusion or otherwise address issues identified by the Commission.  The list, which it says varies from that of FATF, includes American Samoa, Guam, Puerto Rico, and the US Virgin Islands.  It concludes by saying that it does not expect US financial institutions to take the Commission’s list into account in their AML/CFT policies and procedures.

https://home.treasury.gov/news/press-releases/sm610

The draft EU Regulation involved is at –

https://ec.europa.eu/info/sites/info/files/commission-delegated-regulation_hrtc.pdf

The Bahamas, Botswana, Ethiopia, Ghana, Iran, Democratic People’s Republic of Korea, Pakistan, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Yemen are in the top tier; 11 additional jurisdictions present strategic deficiencies, the Commission says: Afghanistan, American Samoa, Guam, Iraq, Libya, Nigeria, Panama, Puerto Rico, Saudi Arabia, US Virgin Islands, Samoa. It says that these 11 jurisdictions all have strategic deficiencies in their AML/CFT when considering the threat level and their risk profile.  The strategic deficiencies can cover a range of shortcomings in the legal and institutional framework, as well as a lack of effectiveness of the AML/CFT system in addressing the money laundering or terrorist financing risks faced by the country.  It also said that the analysis concluded that for a number of countries no sufficient grounds for identifying strategic deficiencies were found at this stage.  However, the Commission will continue to keep those countries under further review.

EU COMMISSION ADOPTS STRICTER BLACKLIST OF MONEY LAUNDERERS

https://www.euractiv.com/section/justice-home-affairs/news/commission-adopts-stricter-blacklist-of-money-launderers/

EU Q&A SHEET –

http://europa.eu/rapid/press-release_MEMO-19-782_en.htm

OFAC SANCTIONS IRANIAN ORGANISATIONS AND INDIVIDUALS SUPPORTING INTELLIGENCE AND CYBER TARGETING OF US PERSONS

On 13th February, the US Treasury announced that OFAC had designated an Iran-based entity that organises international conferences that supported the Islamic Revolutionary Guard Corps-Qods Force’s (IRGC-QF) efforts to recruit and collect intelligence from foreign attendees, including US persons, and 4 associated individuals.  It says that the New Horizon Organization hosts international conferences that serve as a platform for the IRGC-QF to recruit and collect intelligence from attendees.

It also designated a separate Iran-based entity and 6 associated individuals involved in the targeting of current and former US government and military personnel as part of what it called “a malicious cyber campaign” to gain access to and implant malware on their computer systems.  Iran-based Net Peygard Samavat Company aka Net Peygard Samavat (In Sec) Company and several associated actors were involved in a malicious cyber campaign to gain access to and implant malware on the computer systems of current and former US counterintelligence agents.

At the same time, the FBI released details regarding a law enforcement action it took against a number of the persons designated.

https://home.treasury.gov/news/press-releases/sm611

https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20190213.aspx