Day: May 22, 2019

On 22^nd May, a news release from Europol reported the arrest of 20 individuals and the seizure of 11 vehicles.  Criminals had acquired high-end vehicles outside the EU and tried to avoid paying taxes by claiming they bought the cars in Italy.  Criminals first bought luxury cars in Switzerland then took them to Spain, thereby evading all the checks and border controls. Once the vehicles passed their annual safety tests in Spain, the members of the network registered the cars with fake documents, pretending they bought them in Italy.

https://www.europol.europa.eu/newsroom/news/police-uncover-unusual-vehicle-tax-avoidance-scheme

On 22^nd May, a Notice from HM Treasury advised of 7 persons and 2 entities being removed, and the entries for 29 individuals amended, following EU Regulation 2019/798/EU.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/803458/Notice_Syria_2019_798.pdf

A news release on 22^nd May from both the UK and the Isle of Man advised that sanctions on DIRECTORATE GENERAL OF BAGHDAD ELECTRICITY DISTRIBUTION; IDRISI CENTRE FOR ENGINEERING CONSULTANCY; NATIONAL CENTRE FOR ENGINEERING AND ARCHITECTURAL CONSULTANCY; and STATE ENTERPRISE FOR FERTILIZER INDUSTRIES had been removed, following action by the UN and EU.

https://www.gov.im/news/2019/may/22/financial-sanctions-iraq/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/803461/Notice_Iraq_2019_808.pdf

On 22^nd May, the Home Office published this report of an independent review of the Modern Slavery Act 2015.  The review considered specific provisions in the Modern Slavery Act 2015: the role of the Independent Anti-Slavery Commissioner, transparency in supply chains, Independent Child Trafficking Advocates and legal application of the Modern Slavery Act.  It contains a number of recommendations.  For example, the Review considered how to ensure compliance and improve the quality of modern slavery statements produced by eligible companies.  Stakeholders were clear that the lack of clarity, guidance, monitoring and enforcement in modern slavery statements needed to be addressed to improve clarity and quality.  The report recommends that 6 areas of reporting currently recommended in guidance should be made mandatory; that the Government should set up a central repository for statements made by companies and required by the Act; the Independent Anti-Slavery Commissioner should monitor transparency; sanctions for non-compliance should be strengthened; and the Government should bring forward proposals for an enforcement body to enforce sanctions against non-compliant companies.  The report says requirements should be extended to the public sector and to the public procurement process; the Companies Act 2006 should be amended to include a requirement for companies to refer to their modern slavery statement in their annual reports; and that reporting requirements or to act when instances of slavery are found should be an offence under the Company Directors Disqualification Act 1986.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/803406/Independent_review_of_the_Modern_Slavery_Act_-_final_report.pdf

https://homeofficemedia.blog.gov.uk/2019/05/22/how-the-government-is-tackling-modern-slavery/

Defence Web on 22^nd May reported that Sudanese prosecutors ordered the arrest of a former intelligence chief for questioning over a bank account but guards blocked his arrest, the prosecutor’s office said.  Salah Abdallah Mohamed Salah, aka Salah Gosh, was to be questioned over an account containing £801 million only accessible to him, the prosecutor’s office said.

https://www.defenceweb.co.za/governance/governance-governance/arrest-of-former-sudan-intelligence-chief-blocked/

On 20^th May, the Department of Commerce announced a 90-day a Temporary General License (TGL) amending the Export Administration Regulations (EAR) to authorise specific, limited engagement in transactions involving the export, reexport, and transfer of items – subject to the EAR – to Huawei Technologies Co. Ltd. and its 68 non-US affiliates, which were added to the Entity List on May 16^th.  The TGL runs from 20^th May.

https://www.commerce.gov/news/press-releases/2019/05/department-commerce-issues-limited-exemptions-huawei-products

https://www.bis.doc.gov/index.php/documents/regulations-docs/2396-temporary-general-license-rule/file

Ince & Co on 16^th May published an article, originally a chapter in the Insurance and Reinsurance Law Review, saying that since 2016, the definitions of dishonest, a fraudulent claim and the remedies available to insurers battling against such claims have been radically reformed through a combination of legislation and guidance from the highest court in the UK.

https://www.incegdlaw.com/en/documents/fraud-insurance-claims.pdf

Loadstar on 21^st May reported that the UPS appeal to force the US Postal Service (USPS) to raise its parcel-delivery prices has been rejected by the US Supreme Court, which means the government can continue determining how much to charge for parcels.  The article says that it seems the big winner is Amazon, which heavily uses USPS for deliveries.

https://theloadstar.com/supreme-court-rejects-ups-appeal-on-usps-delivery-prices/

On 21^st May, Skadden published an article about a case in which the Court concluded that trademark licensees cannot unilaterally be deprived of their rights to use a debtor’s trademark – described as the most significant unresolved legal issue in trademark licensing.  The article considers implications for trademark and bankruptcy law, and the implications for restructuring.

https://www.jdsupra.com/legalnews/us-supreme-court-holds-that-bankrupt-76141/

On 21^st May, Akin Gump published a briefing saying that on May 14^th the Dutch Senate passed a long-awaited Child Labour Due Diligence Law, which places obligations on companies selling goods or services to Dutch consumers as well as companies otherwise doing business in the Netherlands to take certain steps to prevent child labour in their supply chains.  This makes the Netherlands the latest in a line of countries and jurisdictions who have adopted laws relating to addressing human rights concerns in the private sector.  The legislation is now awaiting Royal Decree before becoming law.

https://www.jdsupra.com/legalnews/supply-chain-due-diligence-laws-go-60583/