OTHER THINGS YOU MAY HAVE MISSED – MARCH 10

10th March 2019

 INDIAN DIAMOND BILLIONAIRE NIRAV MODI TRACKED DOWN TO SWANKY LONDON APARTMENT

Asian Age on 9th March reported that Modi and his uncle, Mehul Choksi, are the main accused in Punjab National Bank (PNB) scam.  Modi is said to have been discovered living openly in a swanky £8 million apartment in London’s West End – where rent is estimated to be around £17,000 a month – and is running a new diamond business just yards away.  The 63-year-old former Kingfisher Airlines boss wanted for fraud and money laundering charges in India, had surrendered to Scotland Yard following such a warrant in April 2017 and is now undergoing an appeal process against his extradition.

http://www.asianage.com/india/all-india/090319/indian-diamond-billionaire-nirav-modi-tracked-down-to-swanky-london-apartment.html

ITALIAN POLICE TARGET FAKE BALSAMIC VINEGAR FRAUD

The Guardian on 9th march reported that Italian police have seized more than 9,000 tonnes of crushed grapes as part of an investigation into the fraudulent production of balsamic vinegar.  The fraudsters allegedly sold the common table grape must to companies which produce balsamic vinegar and passed it off as being from the prized sangiovese and trebbiano varieties.  Balsamic vinegar, famed for its concentrated and complex flavour, can legally be produced from seven specified grape varieties.

https://www.theguardian.com/world/2019/mar/09/grapes-of-wrath-italian-police-target-fake-balsamic-vinegar

NEW EU SCHENGEN VISA FOR VISITING US CITIZENS FROM 2021

On 9th March, Kenneth Rijock in his blog commented on this new visa system and asked if it would also prevent money launderers as well as terrorists.  He says that the EU is introducing the requirement because the US will not grant visa-free travel to 5 EU countries; Bulgaria, Croatia, Poland, Romania and Cyprus.

http://rijock.blogspot.com/2019/03/will-new-eu-visa-progeam-for-americans.html

BRONZE SMUGGLING LEAVES VENEZUELA’S CEMETERIES WITHOUT HEADSTONES

Insight Crime on 7th March reported that a recent investigation into the theft and smuggling of bronze in Venezuela has revealed the existence of an organized crime network, dismantling Venezuelan artistic heritage in order to send bronze contraband to Caribbean islands.  Plaques identifying tombs in Venezuelan cemeteries as well as hundreds of bronze sculptures have disappeared in at least 12 states.  Venezuelan bronze trafficking represents profits of millions of dollars for the criminal groups involved.  The work details that the criminals send the bronze from Venezuela to Colombia at the border, to the Dutch territories Aruba, Bonaire and Curacao from the state of Falcón, and to Trinidad and Tobago from the eastern and southern regions of Venezuela to Trinidad and Tobago.

https://www.insightcrime.org/news/brief/bronze-smuggling-leaves-venezuelas-cemeteries-without-headstones/

IRAN’S NEW THREAT TO SHIPS IN THE GULF

On 8th March, the International Institute for Strategic Studies published an article saying that Iran’s claim to have successfully launched an anti-ship cruise missile from an indigenously produced submarine in February is a significant event that potentially challenges the stability of the entire Gulf region.  It says it should be a wake-up call to all parties with an interest in maintaining such stability.

https://www.iiss.org/blogs/analysis/2019/03/iran-new-anti-ship-missile-test

INDIA – NEW UPDATES FOR “SIGNIFICANT BENEFICIAL OWNERS”

An article from Eversheds Sutherland on 8th March provided detail of an amendment to section 90 of the Companies Act 2013 and the corresponding Rules applicable from 8th February.  This update provides clarifications concerning the meaning of the term “Significant Beneficial Owner” and its criteria for applicability.  Its previous definition has been substituted with a new one.

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en/Corporate_secretarial_unit/india-sbo-080319

DANISH COMPANY PAYS APPROXIMATELY $33 MILLION TO RESOLVE BRIBERY ALLEGATIONS

On 8th March, Buckley published an article in its FCPA Blog saying that Hempel, a Danish company that makes protective coatings used in maritime environments has settled bribery allegations with the Danish State Prosecutor for Serious and International Crime – for illegal sales practices found in Germany, other countries in Europe, and in Asia in 2017.

https://buckleyfirm.com/blog/2019-03-08/danish-company-pays-approximately-33-million-resolve-bribery-allegations

ISLE OF MAN: EUROPEAN UNION AND TRADE ACT 2019 (RETAINED DIRECT EU LEGISLATION) (CUSTOMS) REGULATIONS 2019

On the Order Paper for the March sitting of the Isle of Man’s parliament are these Regulations which prescribe the EU Regulations, EU Decisions and EU tertiary legislation, which form part of Manx law on and after Brexit exit day in relation to customs.

http://www.tynwald.org.im/business/opqp/sittings/20182021/2019-SD-0064.pdf

ISLE OF MAN: EUROPEAN UNION AND TRADE ACT 2019 (RETAINED DIRECT EU LEGISLATION) (SANCTIONS) REGULATIONS 2019

Also on the Order Paper for the March sitting of the Isle of Man’s parliament are these Regulations which prescribe the EU Regulations, EU Decisions and EU tertiary legislation, which form part of Manx law on and after Brexit exit day in relation to EU sanctions – and to preserve, on and after exit day, certain EU Regulations concerned with UN and EU sanctions.

http://www.tynwald.org.im/business/opqp/sittings/20182021/2019-SD-0078.pdf

ISLE OF MAN: BREXIT-RELATED LEGISLATION

Included on the Order Paper for the March sitting of the Isle of Man’s parliament are various Regulations which prescribe the EU Regulations, EU Decisions and EU tertiary legislation, which form part of Manx law on and after Brexit exit day in relation to a variety of areas of law, including those relating the work of the Island’s Financial Services Authority.

http://www.tynwald.org.im/business/opqp/opqp/2019-PP-0033.pdf

ISLE OF MAN: ANNUAL REPORT OF THE SURVEILLANCE COMMISSIONER FOR 2018

Also on the Order Paper for the March sitting of the Isle of Man’s parliament is the report of the Island’s Surveillance Commissioner for 2018.  It reports that there were 31 authorisations for “directed surveillance” (essentially this covers covert surveillance in places other than residential premises or private vehicles – as opposed to “intrusive surveillance)). in 2014, a reduction on the previous year.   It is said that no authorising authority has reported that there had been a failure to follow procedures in respect of an authorisation.

http://www.tynwald.org.im/business/opqp/sittings/20182021/2019-GD-0011.pdf

HOW TO “TURBO CHARGE” UK PORTS

On 4th March, Port Strategy reported on a new 10-point plan from the UK Major Ports Group (UKMPG) in combination with the British Ports Association (BPA) to “turbo charge” UK ports and give them greater ability to invest and grow seeks reform of local planning law, with an overall goal of boosting UK trading capability regardless of how Brexit develops.

https://www.portstrategy.com/news101/world/europe/uk-ports-investment-plan-launched

SUPERYACHTS AND PRIVATE SCHOOLS: BRITAIN’S DIRTY MONEY PROBLEM

Podcast: this podcast from the Guardian says that Russian money, some legitimate and some not, was channelled through a Lithuanian bank into the UK, according to the Troika Laundromat leaks.

https://www.theguardian.com/world/audio/2019/mar/06/super-yachts-and-private-schools-tracing-the-russian-money-troika-laundromat

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ISLE OF MAN: EUROPEAN UNION AND TRADE ACT 2019 (RETAINED DIRECT EU LEGISLATION) (SANCTIONS) REGULATIONS 2019

Also on the Order Paper for the March sitting of the Isle of Man’s parliament are these Regulations which prescribe the EU Regulations, EU Decisions and EU tertiary legislation, which form part of Manx law on and after Brexit exit day in relation to EU sanctions – and to preserve, on and after exit day, certain EU Regulations concerned with UN and EU sanctions.

http://www.tynwald.org.im/business/opqp/sittings/20182021/2019-SD-0078.pdf

ENGLISH COURT SAYS MINING COMPANY NOT LIABLE FOR ACTS OF SIERRA LEONE POLICE

An article from Allen & Overy on 5th March concerned a High Court case involving African Minerals Ltd, which created the infrastructure to mine and transport iron ore in Sierra Leone, leading to significant local unrest.   The court held that the company was not liable to the claimant local residents for the acts of brutality towards them by the Sierra Leone police who were attempting to restore law and order.  It held that the defendant was not vicariously liable – with no relationship akin to employment, no accessory liability – with no common design, no duty of care in negligence for acts of third party.  The article concludes that this is an interesting case for companies, particularly in the extractive industry sector, concerned about their exposure to human-rights-related risk including in relation to the acts of security forces.  While, in this case, no vicarious liability or duty of care was established for the acts of third parties, the court’s approach was heavily fact-driven.

http://www.allenovery.com/publications/en-gb/Pages/Mining-company-not-liable-for-acts-of-police.aspx