ECONOMIC SUBSTANCE: DRAFT BVI CODE PUBLISHED

On 23rd April, Harneys reported that the BVI International Tax Authority (ITA) published a draft Economic Substance Code, which is supplementary to the Economic Substance (Companies and Limited Partnerships) Act, 2018  and contains rules on how the economic substance requirements may be met and guidance on the interpretation of the legislation and the manner in which the ITA will carry out its obligations.  The brief details the main features of the Code.  It also says that the ITA has announced that the final Code will be issued in early May following a brief education campaign and will incorporate any amendments deemed necessary by the BVI Government.

The draft Code is available at –

https://resources.harneys.com/acton/ct/6183/s-03b2-1904/Bct/q-0427/l-03e5:872/ct2_0/1?sid=TV2%3ACiiAd9nr3

https://www.harneys.com/insights/economic-substance-draft-bvi-code-published/

HOW SHOULD A FORENSIC ACCOUNTANT APPROACH A CONFISCATION CASE?

On 23rd April, Bartfields Forensic Accountants published an article about confiscation proceedings under the provisions of Part 2 of the Proceeds of Crime Act 2002 in England and Wales.  It asks should a forensic accountant focus on the benefit and available amount asserted in the prosecutor’s section 16 statement – or consider the wider aspects of the proceedings?  It cautions that the danger of focusing only on the section 16 statement is that the forensic accountant may fail to appreciate the importance of relevant matters which are not referred to within that statement.

http://www.accountingevidence.com/blog/

MILITIAS BECOME LUXURY REAL ESTATE BARONS IN RIO

Insight Crime on 23rd April carried an article saying that militias in Rio de Janeiro are laundering large quantities of money through illegal real estate shines a light on the impunity with which these groups operate and the protection they receive from the state.  This revelation followed the collapse of a building and death of 4 people, and the buildings had been constructed illegally, without any approval from authorities.  It says that this is but the latest revelation about how militias dominate the illegal real estate market in Brazil’s second-largest city.

https://www.insightcrime.org/news/analysis/militias-become-luxury-real-estate-barons-rio-de-janeiro/

NIGERIA ARRESTS MARITIME SECURITY PERSONNEL FOR FIREARMS POSSESSION

Defence Web on 23rd April reported that the Nigerian Navy has arrested 9 people – 1 American, 3 Greeks and 5 Nigerians – that were part of a maritime security team for the possession of firearms.  They were aboard the Sea Angels 3 in the Gulf of Guinea.  Nigeria has for some years made it illegal for private security guards to carry weapons on board merchant vessels operating in Nigeria’s territorial waters – though this is in spite of continued pirate attacks in the Gulf of Guinea.

https://www.defenceweb.co.za/security/maritime-security/nigeria-arrests-maritime-security-personnel-for-firearms-possession/

EU REMOVES DJAMAT HOUMAT DAAWA SALAFIA (DHDS) FROM ISIL/AL-QAIDA SANCTIONS LIST

EU Regulation 2019/622/EU removes Djamat Houmat Daawa Salafia (DHDS) from its ISIL (Da’esh) and Al-Qaida sanctions list, following the decision of the relevant UN sanctions committee announced on 13th April.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.108.01.0029.01.ENG&toc=OJ:L:2019:108:TOC

MONEYVAL ON-SITE VISIT TO GIBRALTAR

On 18th April, the Council of Europe reported that an on-site visit by a panel of experts as part of the mutual evaluation of the AML/CFT system in Gibraltar took place on 1st to 12th April.  The report is due to be presented to a plenary in December.

https://www.coe.int/en/web/moneyval/home/newsroom/-/asset_publisher/zTE3FjHi4YJ7/content/moneyval-visits-the-united-kingdom-overseas-territory-of-gibraltar

UN REMOVES A FURTHER ENTRY FROM ITS ISIL/AL-QAIDA SANCTIONS LIST

On 22nd April, a news release from the UN advised that the entry for FETHI BEN HASSEN BEN SALEM AL-HADDAD was deleted after the relevant Sanctions Committee concluded its consideration of the delisting request for this name submitted by the designating State.

https://www.un.org/press/en/2019/sc13787.doc.htm

BRIBERY OF FOREIGN PUBLIC OFFICIALS: AUSTRALIA’S “ADEQUATE PROCEDURES” DEFENCE

Nyman Gibson Miralis on 15th April published an article concerned with possible defences to a proposed new corporate offence of ‘failing to prevent bribery of a foreign public official’ which makes corporations liable for the actions of their associates.  It says that decisions in the UK and US have considered what constitutes ‘adequate procedures’ to prevent the commission of a bribery offence, and these cases provide useful guidance within the Australian context, together with guidance materials from the International Standards Organisation.  The article details the factors that have been identified.   It also links to a factsheet from the Australian Trade and Investment Commission (Austrade) on “failure to prevent” bribery offences ands the meaning of “adequate procedures” for a defence.  The factsheet also refers to the UK Bribery Act, and and US cases involving bribery, and the guidance issued by both and case law.

https://ngm.com.au/foreign-bribery-adequate-procedures/

The factsheet is available at –

https://www.austrade.gov.au/ArticleDocuments/1358/Austrade%20-%20Resource%20Sheet%20-%20Anti-Bribery%20-Austrade%20guide%20to%20the%20meaning%20….pdf.aspx