SPANISH POLICE UNCOVER UNUSUAL VEHICLE DUTY AND TAX AVOIDANCE SCHEME

On 22nd 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

ISLE OF MAN AND UK CONFIRM REMOVAL OF 4 ENTITIES FROM IRAQ SANCTIONS LISTS

A news release on 22nd 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

INDEPENDENT REVIEW OF THE MODERN SLAVERY ACT: FINAL REPORT

On 22nd 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/

ARREST OF FORMER SUDAN INTELLIGENCE CHIEF OVER BANK ACCOUNT BLOCKED

Defence Web on 22nd 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/

US ISSUES GENERAL LICENSE RE LIMITED EXCEPTIONS FOR HUAWEI PRODUCTS

On 20th 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 16th.  The TGL runs from 20th 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

FRAUD INSURANCE CLAIMS: WHERE ARE WE NOW?

Ince & Co on 16th 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