Day: July 12, 2019

On 9^th June, the Global Initiative Against Transnational Organised Crime published a Working Paper, the second in a series on the global illicit economy, and which focuses on the “dark pharma” trade in Central America, where no country has been spared the problem of counterfeit and contraband pharmaceuticals making their way to consumers.  It says that the illicit sale of pharmaceutical drugs is a growing global concern, most particularly in developing countries such as in Central America, where the lack of adequate healthcare forces people to seek cheaper drugs.  In the absence of effective systems of regulation and access to affordable pharmaceuticals, the demand for cheap medicines drives a criminal market.

https://globalinitiative.net/wp-content/uploads/2019/06/Dark_Pharma-Counterfeit_and_Contraband_Pharmaceuticals_in_Central_America.pdf

 

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The Brighton Argus on 12^th July reported that UN inspectors took photographs of fragments of a bomb used in a Saudi-led coalition airstrike on a water pump factory in Yemen an attack which the UN said “violated international humanitarian law”.  Written on the side of a fragment are the words “EDO MBM” – the name of the arms manufacturer in Brighton.  The company made part of the guidance system on the US-built “Paveway IV” bomb, which helps it find its target once it has been released.  There is no suggestion that the firm has broken any laws or regulations.

https://www.theargus.co.uk/news/17765975.brighton-arms-factory-s-link-unlawful-saudi-attacks-yemen/

 

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On 12^th July, the Home Office published the Plan which explains how the UK will improve its response to criminal finances.  It includes the legal, operational and public-private partnership actions that the UK will pursue.  The Plan is said to build on the government’s response to the NAO and Public Accounts Committee reports and sets out how the government will go further in improving the response to criminal finances.  The Plan covers the legal, operational and public-private partnership actions that the government will pursue to deliver a step change in the UK’s ability to tackle economic crime and undermine the ability of serious and organised criminals to operate.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/815900/20190709_Asset_Recovery_Action_Plan_FINAL_Clean.pdf

 

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HKTDC on 11^th July reported new EU Regulation 2019/1131/EU that will close a loophole by extending enforcement/collection of trade defence mechanism – such as anti-dumping and countervailing duties – to goods in the continental shelf or the exclusive economic zone of a Member State.  The new customs tool is said to align EU trade defence policies with those of trading partners such as the US, India and Brazil. It is aimed to further strengthen the EU’s ability to protect its industry against unfair trade.  Under EU customs rules, trade defence measures were only applicable to goods imported into the customs territory of the EU, but not to goods brought to the continental shelf or EEZ of EU Member States, for instance for the exploitation of natural resources such as extraction of oil and gas and off-shore windmills. Hence, economic operators could import dumped or subsidised products and place them under customs warehousing or inward processing, keep them under temporary storage or in a free zone and finally supply them to the EEZ or continental shelf of a Member State; and a customs debt would not be incurred, as this operation was categorised as a re-export.  The new Regulation has effect in all Member States from 3^rd November.

http://economists-pick-research.hktdc.com/business-news/article/Economists-Pick-Regulatory-Alert-EU/EU-Extends-Trade-Defence-Rules-to-the-Continental-Shelf-and-the-Exclusive-Economic-Zones-of-Its-Member-States/baeu/en/1/1X2ZT68A/1X0AHXBY.htm

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1131&from=EN

 

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An article from BIFA on 12^th July reported that very few companies have registered for a new UK government online system designed to protect VAT revenues on foreign parcels in the event of a no-deal Brexit.  This has led the UK representative body for freight forwarding and logistics companies to question whether Government is listening to advice from industry experts.

https://www.bifa.org/news/articles/2019/july/freight-forwarders-query-whether-government-is-listening?l=y

 

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Arent Fox LLP has published an article saying that, in February 2019, Darling Industries Inc entered into a $400,000, 18-month consent agreement with the State Department’s Directorate of Defence Trade Controls (DDTC) to settle 6 alleged violations of the International Traffic in Arms Regulations (ITAR).  The key issue in the case was that the company’s ITAR official was neither empowered nor an expert.  Under the consent agreement, the DDTC is said to be sending a message to the industry – an empowered official must have both sufficient familiarity with the ITAR to determine the legality of a transaction and sufficient authority to stop a transaction if need be.  In fact, in the case itself violations at issue were not of particular national security concern because the unauthorised exports had been made to US allies, such as Canada and the UK.  However, it was found that the company lacked a documented export compliance programme; did not have a qualified and empowered official; and the failure to address unauthorised exports and compliance programme deficiencies lasted for nearly 2 years after a third-party auditor had identified the issues.  Indeed, the audit had also revealed not only the unauthorised exports and compliance programme deficiencies, but also found that there was no formal jurisdiction and classification process and no additional personnel trained in ITAR compliance.  The audit described “decades of systematic, reoccurring violations”, but even then the company did not file a voluntary disclosure until 22 months after the audit.  Arent Fox rightly concludes that –

• even in smaller companies, and even if it is necessary to use existing personnel to serve in export compliance roles, companies must ensure that these employees receive sufficient training on the ITAR and export compliance requirements;
• those employees must have sufficient authority to take action when necessary; and
• violations must be disclosed in a timely manner after discovery.

https://www.internationallawoffice.com/Newsletters/International-Trade/USA/Arent-Fox-LLP/Why-ITAR-empowered-officials-must-be-empowered-and-know-ITAR

https://www.arentfox.com/perspectives/alerts/why-your-itar-empowered-official-truly-has-be-empowered-and-actually-know-itar

 

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Vega Slots Online reported on 11^th July that the UK Gambling Commission had imposed a penalty of £300,000 for money laundering failures and poor customer protection – saying that it had also failed to ensure sufficient customer interaction was taking place when customers were potentially displaying signs of suffering gambling harm.  Personal management licence-holders at Casino 36 must also undertake extra training as part of the agreement.  The Gambling Commission found that the operator had failed to ensure adequate customer enhanced due diligence, source of funds and source of wealth checks were carried out for 33 customers.

https://www.vegasslotsonline.com/news/2019/07/11/casino-36-penalty-money-laundering-failures/

https://www.gamblingcommission.gov.uk/news-action-and-statistics/News/new-licence-conditions-for-casino-with-money-laundering-and-social-responsibility-failures

 

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