Day: August 5, 2019

The Sydney Morning Herald reported on 5^th August that drug traffickers have used 2 private companies – Southbank Investments Pty Ltd and Riverbank Investments Pty Ltd – between 2012 and 2016 and which were set up by Crown Resorts with Crown executives as directors to bank suspected proceeds of crime, federal investigations have alleged.

https://www.smh.com.au/business/companies/crown-investment-companies-were-used-to-launder-drug-funds-authorities-believe-20190805-p52e1u.html

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On 5^th August, Defence Web published an article saying that smart robotics, autonomous vehicles, materials that are lighter and tougher mean that for the first time non-state adversaries such as ISIS, Boko-Haram and Al-Qaeda can access aerial warfare assets, particularly with the use of Improvised Explosive Devices (IED).  Whilst basic IED are seen as anti-personnel weapons, more sophisticated IED are used to destroy armoured vehicles, such as those with shaped-charge warheads that upon detonation create molten metal that penetrates heavy armour, have proven powerful enough to destroy M1 Abrams tanks employed by the US Army.  The article summarises the types and uses of IED – such as suicide vehicle borne improvised explosive devices (SVBIED) and boat-based ones.  It discusses the use of drones (drone borne IED or DBIED) and 4G communications, including remote-viewing and guidance, as well as other technologies, such as GPS.  All of this impacts on potential suppliers, and export and dual-use controls, adding to the need for attention, even where relatively innocuous equipment might be involved.

https://www.defenceweb.co.za/joint/science-a-defence-technology/fourth-industrial-revolution-driving-the-sophistication-of-ieds/

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On 5^th August, FATF once again issued an updated schedule, this time including the results from the latest mutual evaluation review report on Haiti by CFATF.

http://www.fatf-gafi.org/media/fatf/documents/4th-Round-Ratings.pdf

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On 5^th August, a Notice from HM Treasury confirmed that Abdussalam Mohammed ABDUSSALAM and  Dr. Abdulqader Mohammed AL-BAGHDADI had been removed from the Consolidated List.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/823400/Notice_Libya_2019_1292.pdf

https://www.gov.im/news/2019/aug/05/financial-sanctions-libya/

 

This blog is primarily for my own use, to keep informed and up to date. However, if you would like to say thank you (and perhaps help me get a new, better laptop when I am away…) you can “buy me a coffee” at https://www.buymeacoffee.com/KoIvM842y

A Law Alert publication from July says that increasing data volumes and ever-changing technologies have resulted in e-discovery and information governance becoming important, but companies face a wide array of overlapping and competing e-discovery and information governance laws and regulations, impacting the use, retention and disposition of electronically stored information.  The Law Alert provides a general overview of e-discovery and information governance obligations in key jurisdictions around the world – with articles for a number of countries, including England & Wales, Canada, France, Spain and the US.  The article on England & Wales, for example, discusses the current Disclosure Pilot Scheme (the Disclosure Pilot) which creates a new mandatory framework for disclosure.

https://thelawreviews.co.uk/edition/1001338/the-e-discovery-and-information-governance-law-review-edition-1

 

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The European Parliamentary Research Service has published a study asking if distributed ledgers be squared with European data protection law?  It points out that GDPR is based on an underlying assumption that in relation to each personal data point there is at least one natural or legal person – the data controller – whom data subjects can address to enforce their rights under EU data protection law.  GDPR is also based on the assumption that data can be modified or erased where necessary to comply with legal requirements.  The study sets out to examine the European data protection framework and applies it to blockchain technologies so as to document these tensions.  It also highlights the fact that blockchain may help further some of the GDPR objectives.  Concrete policy options are developed on the basis of this analysis.

https://www.europarl.europa.eu/RegData/etudes/STUD/2019/634445/EPRS_STU(2019)634445_EN.pdf

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EU Commission Recommendation 2019/1318/EU of 30^th July contained guidance that provides a framework to help exporters identify, manage and mitigate risks associated with dual- use trade controls and to ensure compliance with the relevant EU and national laws and regulations.  It also seeks to provide a framework to support Member States competent authorities in their assessment of risks, in the exercise of their responsibility for deciding on individual, global or national general export authorisations, on authorisations for brokering services, on transits of non-Community dual-use items or on authorisations for the transfer within the Community of the dual-use items.  There are 2 Annexes –

• A helpful Q&A designed to be useful when developing an ICP, or at a later stage to review an existing ICP; and
• “Red flags” for suspicious enquiries relating to a product, an end-use or end-user, shipment and financing or contract aspects.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019H1318&from=EN

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On 29^th July, Harneys reported that the Grand Court has for the first time confirmed that the jurisdiction to grant a “notification injunction,” as an alternative to a freezing injunction, is available in the Cayman Islands.  If a freezing injunction is seen as too intrusive such that it is not just and convenient to grant such relief, a notification injunction may still be available provided the grounds for a freezing injunction are established.  A notification injunction is a variant of a conventional freezing injunction and, broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.

For a brief introduction to notification injunctions, see –

http://www.littletonchambers.com/notification-injunctions-to-preserve-assets-an-overview-by-marc-delehanty-1112/

https://www.harneys.com/our-blogs/offshore-litigation/2019/07/29/grand-court-confirms-existence-of-jurisdiction-to-grant-a-notification-injunction-in-the-cayman-islands

 

This blog is primarily for my own use, to keep informed and up to date. However, if you would like to say thank you (and perhaps help me get a new, better laptop when I am away…) you can “buy me a coffee” at https://www.buymeacoffee.com/KoIvM842y