OTHER THINGS YOU MAY HAVE MISSED – FEBRUARY 17

 17th February 2019

SLP NOT COMPLYING WITH UK RULES AND NOT BEING PUNISHED

On 14th February, PYMNTS.com reported that nearly half of Scottish limited partnerships (SLP) corporate structures, that are tied to money laundering, do not meet the ownership regulation, but haven’t faced any punishment since the rules aren’t enforced, according to the Financial Times.  Since 2017, SLP have had to record details about their shareholders with the Companies House, but as of the start of 2019, only 47% of the 32,500 SLP have registered shareholders with 25% or more stake in the company.

https://www.pymnts.com/news/regulation/2019/scottish-limited-partnerships-uk-rules-security/

REPORT EXPOSES TAX EVASION BY PNG LOGGERS

Radio New Zealand on 15th February says that a report by the Oakland Institute, titled The Great Timber Heist Continued, follows a 2016 report which alleged financial misreporting by foreign firms, resulting in the non-payment of hundreds of millions of dollars in taxes – with grand scale tax evasion by logging companies operating in Papua New Guinea.  The report is said to be based on case studies of 16 logging subsidiaries, and shows some loggers have reported a doubling of their losses while increasing exports of tropical timber.

https://www.radionz.co.nz/international/pacific-news/382553/report-exposes-tax-evasion-by-png-loggers

CHINESE NATIONAL AND AMERICAN INDICTED IN TRADE SECRET THEFT CONSPIRACY

The Knox News in the US reported on 14th February that a Chinese national and an American – You Xiaorong, 56, and Liu Xiangchen, 61 – are charged with conspiring to steal trade secrets worth more than $119 million with the goal of benefiting Chinese companies.  The pair are accused of conspiring with a third person to steal trade secret information related to formulas for bisphenol-A-free (BPA-free) coatings.

https://www.knoxnews.com/story/news/crime/2019/02/14/xiaorong-you-xiangchen-liu-trade-secret-conspiracy/2873431002/

US JUDGE RULES FORMER VENEZUELAN OIL MINISTER OWES $1.4 BILLION

Reuters on 15th February reported that a federal judge in Houston ordered a former Venezuelan oil minister to pay the owners of a defunct Houston oil company $1.4 billion in damages in a fraud suit.  Rafael Ramirez did not contest Harvest Natural Resources’ claims.

https://uk.reuters.com/article/us-venezuela-ramirez/u-s-judge-rules-former-venezuelan-oil-minister-owes-1-4-billion-idUKKCN1Q401J

MALTA: TUNA BRIBERY CLAIMS

Malta Today on 15th February reported that former fisheries minister Andreina Fenech Farrugia has denied soliciting bribes from tuna farm operators insisting she legitimately asked for payments when companies requested higher fish quotas.  She also revealed that she had been questioned over the past few months by a Maltese magistrate leading an inquiry into alleged wrongdoing by the Spanish tuna farm operator.  In October, Spanish authorities made several arrests after they lifted the lid on what is called Operation Tarantella.

https://www.maltatoday.com.mt/news/national/92997/tuna_bribery_claims_suspended_fisheries_director_says_request_for_payments_were_legitimate

EU COMMISSION WELCOMES POLITICAL AGREEMENT ON UPDATED RULES FOR EXPLOSIVE PRECURSORS

A news release from the EU on 14th February said that Member States have endorsed the agreement reached by the European Parliament and the Council on the Commission’s proposal to strengthen EU rules on explosive precursors, which will ensure stronger safeguards and controls on the sale of dangerous chemicals that can be misused for the production of home-made explosives.  The EU first put in place rules to restrict access to explosive precursors that could be used to make home-made explosives in 2013.  The new EU Regulation will now need to be formally adopted by the European Parliament and the Council.  It will become applicable by Member States 18 months following the date of entry into force.

http://europa.eu/rapid/press-release_IP-19-849_en.htm

BREXIT AND EU SANCTIONS THREATEN TO PUSH CAMBODIA INTO ECONOMIC CRISIS

Nikkei Asian Review on 11th February reported that Cambodia is teetering on the verge of economic crisis, as it faces higher export tariffs into the UK due to Brexit at a time when the EU is considering suspending duty-free access to punish Prime Minister Hun Sen for political suppression.

https://asia.nikkei.com/Spotlight/Hun-Sen-s-Cambodia/Brexit-and-EU-sanctions-threaten-to-push-Cambodia-into-economic-crisis

TIMBER SMUGGLING A MAJOR THREAT TO FORESTS IN NORTH-WESTERN IRAN

On 17th February, the Tehran Times reported that in the current year (starting in March 2018) over 450 tons of smuggled log has been seized, which were being smuggled to the northern provinces of the country., and that a new law has worsened the situation in western and north-western forests and led to greater smuggling of logs.

https://www.tehrantimes.com/news/433044/Timber-smuggling-major-threat-to-forests-in-northwestern-Iran

KEW GARDENS JOINS BATTLE AGAINST INTERNATIONAL LOG SMUGGLING

The Telegraph on 17th February reported that Kew Gardens is joining the battle against international log smuggling by opening its historic archive of wood samples to inspectors battling the trade.

https://www.telegraph.co.uk/news/2019/02/17/kew-gardens-joins-battle-against-international-log-smuggling/

ISRAEL: 9 PEOPLE ARRESTED IN RELATION TO CORRUPTION AFFAIR AT MINISTRY OF HEALTH

Y Net News on 17th February reported that it is suspected that the official provided licenses to food businesses in exchange for bribes.

https://www.ynetnews.com/articles/0,7340,L-5464764,00.html

PAKISTAN: ARCHAEOLOGY DIRECTOR MISAPPROPRIATED PRECIOUS ANTIQUES, SCULPTURES

On 17th February, the News International reported that soucres say that Director of Archaeology and Museums Dr Abdus Samad has been arrested on serious charges relating to missing expensive archaeological relics and statues and corruption in some projects.

https://www.thenews.com.pk/print/433095-archaeology-director-misappropriated-precious-antiques-sculptures-nab-sources

UK FACT SHEET: RETURNEES FROM THE CONFLICT ZONE IN SYRIA

On 15th February, the Home Office Blog published a post which set out to explain the Home Office approach to managing this issue.

https://homeofficemedia.blog.gov.uk/2019/02/15/fact-sheet-returnees-from-the-conflict-zone-in-syria/

SOUTH KOREA RESUMES IRAN OIL IMPORT

On 16th February, Customs Today reported that South Korea has resumed imports of Iranian oil in January after a 4-month hiatus.  It won a 6-month waiver in November from US sanctions on Tehran’s oil exports, but did not immediately start imports, mainly due to payment and insurance issues.

http://www.customstoday.com.pk/south-korea-resumes-iran-oil-import/

TURKEY ‘READY’ TO LAUNCH IRAN TRADE CHANNEL TO BYPASS US SANCTIONS

On 16th February, Customs Today reported that President Erdogan has announced that Turkey is “ready” to establish its own trade mechanism with Iran, allowing companies from the countries to continue doing “legitimate” business amid US sanctions.

http://www.customstoday.com.pk/turkey-ready-to-launch-iran-trade-channel-to-bypass-us-sanctions/

ARMENIAN ARMY EQUIPPED WITH NEW DRONES OF LOCAL PRODUCTION

News AM on 15th February reported that the Armenian armed forces are equipped with new Armenia-produced drones – improved ARMI-55M drones for reconnaissance.  It also mentioned that the development of new generation drones, including weapon-equipped drones, has started.

https://news.am/eng/news/496548.html#.XGgiO2VZXVA.twitter

DRONES ARE BOOMING BUSINESS IN THE MIDDLE EAST

On 24th January, the European Forum on Armed Drones published an article following a December RUSI report on drone use in the Middle East.  It also provides a link to the RUSI online database, where you click on the specific countries and see what types are in use and where the drones are obtained.  The paper outlines China’s growing role as a drone exporter to the region, and its industry trying to get a foothold with national industries.

https://www.efadrones.org/new-report-drones-are-booming-business-in-the-middle-east/

WOLFSBERG GROUP ENDORSEMENT FOR UNITED FOR WILDLIFE TASKFORCE ILLEGAL WILDLIFE TRADE (IWT) FINANCIAL CRIME DECLARATION

On 15th February, the Wolfsberg group of international banks said that it commits that its members “will not knowingly facilitate or tolerate financial flows that are derived from IWT and associated corruption”.  In addition to being signatories of the declaration, a number of member banks have also taken the extra step to be prominent participants in the Taskforce.

https://www.wolfsberg-principles.com/articles/endorsement-united-wildlife-taskforce-illegal-wildlife-trade-iwt-declaration

For more information on the IWT financial crime taskforce, see the United for Wildlife website, where it is said that illegal wildlife trade is transnational organised crime with a significant financial element.  Worldwide, for every wildlife product sourced illegally, money changes hands – whether in domestic pet stores, on online marketplaces or under the eyes of corrupt officials.  It refers to the Mansion House Declaration of October 2018, which lays out 6 commitments, including the dedication to share resources and intelligence in a bid to disrupt the illegal income generated by poached animal products such as elephant tusks, rhino horn and pangolin scales.

https://www.unitedforwildlife.org/projects/financial-taskforce/

NEW ANTI-CORRUPTION/ANTI-CRIME BILL IN BRAZIL

On 15th February, a post on the FCPA Blog reported that a new Bill proposed in Brazil which proposes modifications in 14 existing laws, ensuring the enforcement of the conviction after an appellate court judgment, increasing the effectiveness of the jury, guaranteeing the serving of the sentences, increasing the penalties for crimes related to firearms, reforming the crime of “resistance,” and criminalising slush funds.  It would also provide for negotiated solutions and whistleblower incentives.

http://www.fcpablog.com/blog/2019/2/15/new-brazil-bill-seeks-to-add-npas-and-whistleblower-rewards.html

MOZAMBICAN EX-PRESIDENT’S SON ARRESTED IN $2 BILLION FRAUDULENT DEBT CASE

Reuters on 17th February reported that former Mozambican president Armando Guebuza’s son has been arrested in connection with a $2 billion government debt scandal, state-owned media and a judicial source said.  It comes just over a month after 3 ex-Credit Suisse bankers were charged in the US with fraud over their role in a 2013.  Ndambi Guebuza, the oldest of Guebuza’s 4 children, became the 9th person detained in the case.

https://uk.reuters.com/article/uk-mozambique-credit-suisse/mozambican-ex-presidents-son-arrested-in-2-billion-fraudulent-debt-case-idUKKCN1Q60OC

TAIWAN CONCERNED ABOUT SPAIN SENDING FRAUD SUSPECTS TO CHINA AGAIN

Focus Taiwan on 17th February reported that Spain has deported another 2 Taiwanese citizens suspected of involvement in telecoms fraud to China.  They were part of a large group of 219 Taiwanese nationals arrested for alleged involvement in fraud in late 2016.

http://focustaiwan.tw/news/aipl/201902170015.aspx

ISLE OF MAN – UK CUSTOMS AND EXCISE AGREEMENT AMENDED

ISLE OF MAN – UK CUSTOMS AND EXCISE AGREEMENT UPDATED

The Crown Dependencies Customs Union (Isle of Man) (EU Exit) Order 2019[1] is an Order in Council was published on 14th February[2].  It makes various amendments to the pre-existing Customs and Excise Agreement 1979 between the UK and the Island.  It does so to recognise necessary changes for when the UK withdrawal from the EU takes effect.

The intention is that the changes will take effect when the UK formally leaves the EU (due to be on 29th March 2019) or at the end of any implementation period, whichever is the later.

There are couple of important points to bear in mind about the changes made, and their context.

Firstly, the Isle of Man has been in a formal customs union with the UK since at least 1957, when the so-called Common Purse Arrangement took effect.  This was superseded by the Customs and Excise Agreement 1979, which also catered for the withdrawal of HM Customs and Excise from the Island[3] (with the new Customs and Excise Division of the Isle of Man Treasury taking over its functions) and dealt with VAT and certain other excise duties on alcohol, tobacco and hydrocarbon oils[4].  The 1979 Agreement was modified from time to time, to take account of new developments, such as air passenger duty and lottery duty on the National Lottery, and the harmonising of UK and Isle of Man duties on beer.

The second factor to bear in mind is that the Island has a different relationship with the UK than the Channel Islands Crown Dependencies (Jersey and Guernsey).  Having the pre-existing arrangements in place when the UK joined the then EEC in 1973 meant that the Island not only became part of the European customs area (as did the Channel Islands), but also was accepted as part of the European fiscal area, i.e. its VAT and excise duties area.  This position was recognised in Community law, for example in the relevant VAT Directive(s).

Due to the above, whilst all of the three Crown Dependencies formed part of the EU customs territory with the UK, the Isle of Man’s close relationship with the UK, and the correspondence of its laws and procedures, also extended to VAT, some (but not all) of the excise indirect taxes and to import and export controls and licensing, and by extension to trade controls on trafficking and brokering[5].  This relationship is governed by the Isle of Man Act 1979 (of Parliament) – some of which also forms a part of Island law, and the Customs and Excise Agreement 1979.

As well as the 1979 Agreement, there is also a Revenue Sharing Arrangement[6], necessary because, in effect, the indirect taxes (customs, VAT and excise) for the UK and the Isle of Man are pooled, and shared out on an agreed basis.

In 2018, the UK entered into arrangements with all three Crown Dependencies to create the UK-Crown Dependencies Customs Union, to replace the current situation where all are within the EU customs territory.  Negotiations on this had been ongoing since 2016. This is intended to ensure that no import or export duty would be due on movements between the three jurisdictions.  As they are all also part of the Common Travel Area, there will also continue to be the free movement of people between the three.  The main difference for the Channel Islands is that, as now, there will remain a “fiscal” barrier between them and the UK and Isle of Man, where any VAT or excise duties are involved (whereas excise goods can move freely between the UK and Isle of Man, the same duty-rates applying and the duty collected being shared).

The text of the Customs and Excise Agreement 1979, as amended, is provided in the attached Word document.

The changes made take effect either when the Arrangement (as the amendment document is termed) or as agreed by exchange of letters.

 

Ray Todd

17th February 2019

 

[1]  SI 2019/257: http://www.legislation.gov.uk/uksi/2019/257/contents/made

[2]  Matching Orders were also made to cover Jersey (SI 2019/256) and Guernsey (SI 2019/254).

[3]  HM Customs and Excise had administered customs and excise duties and functions on behalf of the Island.

[4]  The Common Purse Arrangement had already been extended to accommodate general betting duty, when off-course betting was legalised in 1970.

[5]  For more information on the export control and trade control aspects see https://www.gov.im/categories/tax-vat-and-your-money/customs-and-excise/sanctions-and-export-control/#accordion

[6]  https://www.gov.im/media/80155/customs_revenue_sharing_2011.pdf

ISLE OF MAN CUSTOMS AND EXCISE AGREEMENT AMENDED 2019

TURKEY ‘READY’ TO LAUNCH IRAN TRADE CHANNEL TO BYPASS US SANCTIONS

On 16th February, Customs Today reported that President Erdogan has announced that Turkey is “ready” to establish its own trade mechanism with Iran, allowing companies from the countries to continue doing “legitimate” business amid US sanctions.

http://www.customstoday.com.pk/turkey-ready-to-launch-iran-trade-channel-to-bypass-us-sanctions/

UK’S FIRST LEGAL CANNABIS SHIPMENT HAS FINALLY ARRIVED

On 16th February, Customs Today reported that the first bulk shipment of 800g of legal cannabis arrived in the UK from the Netherlands on, and cleared customs, ending months of frustration for patients who have been legally prescribed the medicine, but could not find a pharmacy prepared to supply it.  Although medicinal cannabis was legalized in Britain in November 2018, patients say it has been almost impossible to access it due to a complex web of import laws, byzantine levels of bureaucracy, high costs, and a lack of clinical expertise among doctors.

http://www.customstoday.com.pk/the-uks-first-legal-bulk-cannabis-shipment-has-finally-arrived/