TURKISH BANKER CONVICTED IN US APPOINTED HEAD OF TURKISH STOCK EXCHANGE

On 21st October, News AM in Armenia reported that banker Hakan Atilla, convicted in the US in 2018, released from prison in July and sent to Turkey, has been appointed head of the Turkish stock exchange.

https://news.am/eng/news/540103.html

http://www.mondovisione.com/media-and-resources/news/mehmet-hakan-atilla-named-as-new-ceo-to-borsa-istanbul/

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AMENDMENT TO EU DUAL-USE EXPORT CONTROLS

On 17th October, the EU published the annual Delegated Regulation that would update Annex I to the principal EU Regulation 428/2009.  Annex I is reviewed annually and establishes a common list of dual-use items subject to controls in the EU: the ‘list of dual-use items’.  Decisions on the items subject to controls are taken within the framework of the international non-proliferation regimes and export control arrangements, namely the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement and the Chemical Weapons Convention.  A summary of the proposed changes, and the reasons for them is available at –

https://trade.ec.europa.eu/doclib/docs/2019/october/tradoc_158392.pdf

Changes include –

  • new entries for: discrete microwave transistors; specific signal generators; microcomputer software; masks and reticules for optical sensors; and air-launch platforms for space launch vehicles;
  • amendments to entries for: underwater submersible vehicles; hydrophones; cryptographic activation tokens; digital to analogue converters; and multi-layer mask control;
  • deletion of technology for gas turbine engine components; and
  • new notes on items designed for a civil industry application; and specific lasers.

https://ec.europa.eu/transparency/regdoc/rep/3/2019/EN/C-2019-7313-F1-EN-MAIN-PART-1.PDF

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WEST AFRICA: THE CENTRE OF MARITIME PIRACY, ARMED ROBBERY AND KIDNAP

On 21st October, American Shipper carried an article based on the latest report from the International Maritime Bureau.  It says that new data from the IMB shows that worldwide there have been 70 actual kidnappings of seafarers and 49 hostage-takings year to date.  The West African country of Guinea alone saw 23 hostage-takings, Nigeria a further 12 and the West African country of Togo an additional seven. Cameroon and Nigeria were hot spots for kidnapping, too.  The IMB says about 86% of all maritime hostage-taking and 82% of all actual kidnappings happen in or near the Gulf of Guinea.  It explains that a document issued by the major global maritime shipping organisations, defines the region as being the waters off the countries of Ghana, Togo, Benin, Nigeria and Cameroon.  However, pirate attacks have occurred as far south as Angola and as far west as Sierra Leone, so the area of threat is enormous.  Unlike in the Somali piracy era, nations in the region jealously guard their monopoly on the right to use armed force in their jurisdictions and generally do not allow large numbers of openly armed foreigners to enter and hang around in their territory, it says – so that ship-borne foreign armed guards would not be allowed.  The article also says that pirates often kidnap and hold crew in some pretty inhospitable terrain – so there are physical as well as jurisdictional barriers to tracking down pirates and robbers who have kidnapped crew.  Unlike their Somali counterparts, West African pirates kidnap crew, rather than hijack ships, because local law enforcement agencies would be able to track down and recapture a large ship.

https://www.freightwaves.com/news/west-africa-the-center-of-maritime-piracy-armed-robbery-and-kidnap

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OECD: TIME FOR JAPAN TO TAKE A TOUGHER STANCE ON FOREIGN BRIBERY

On 21st October, Clifford Chance published a briefing saying that in June 2019, the OECD Working Group on Bribery in International Transactions criticised Japan’s efforts to combat bribery of foreign public officials.  The OECD has identified continuing weaknesses in Japan’s anti-bribery laws and enforcement, although Japan took steps to implement the majority of the OECD’s recommendations following a 2013 report.  The OECD did commend Japan for its implementation of the Convention in certain areas – e.g. noting that legislation amendments in 2017 criminalised the laundering of the proceeds of foreign bribery and allowed their confiscation.  The article says that OECD identified a “major loophole” and “legislative defects” in Japan’s Unfair Competition Prevention Law (UCPL), calling on Japan to take “urgent” action.   The briefing says that Japan will be in the spotlight for the 2020 Olympics and the OECD report may be just the encouragement it needs to take a tougher stance on foreign bribery.

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2019/10/time-for-japan-to-take-a-tougher-stance-on-foreign-bribery.pdf

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US CUBA EXPORT RESTRICTIONS TIGHTENED

On 21st October, Sandler Travis Rosenberg reported that the Bureau of Industry and Security has issued a final rule amending the Export Administration Regulations to further restrict exports and re-exports of items to Cuba.  These changes are being implemented in an effort to further restrict the Cuban government’s access to items subject to the EAR, thereby supporting the Trump administration’s policy.  The article lists that changes being made, including –

  • a general policy of licence denial for leases of aircraft to Cuban state-owned airlines;
  • aircraft and vessels are not eligible for a licence exception if they are leased to or chartered by a national of Cuba or a state sponsor of terrorism;
  • a general 10% de minimis level for Cuba exports control;
  • making the Cuban government and communist party ineligible for certain donations;
  • removing an authorisation for promotional items that generally benefits the Cuban government; and
  • clarifying the scope of telecommunications items that the Cuban government may receive without a licence.

https://www.strtrade.com/news-publications-Cuba-BIS-EAR-restrictions-exports-102119.html

 

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UK: PREVENTING CHARITY FRAUD – INSIGHTS AND ACTION

On 21st October, the Charity Commission published a research report about fraud committed against UK charities.  It includes insights and actions to prevent fraud, and is said to be the largest-ever analysis of fraud committed against UK charities.  It reports that less than 9% of charities have a fraud awareness training programme, and that in the next 2 years 1 in every 25 charities will experience fraud.  Over two thirds of charities (69%) think fraud is a major risk to the charity sector.  85% of charities think they’re doing everything they can to prevent fraud, but almost half don’t actually have any good-practice protections in place.  The report also includes s election of short case studies, and includes a fraud prevention checklist for completion by charity trustees, staff and volunteers

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840652/Web_CC_Fraud.pdf

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US-CHINA TRADE WAR OPENS DOORS FOR MEXICAN DRUG CARTELS TO LAUNDER DOLLARS

On 21st October, KYC 360 reported that US federal law enforcement officials in Oregon say they’ve uncovered an elaborate scheme to convert Mexican drug profits from sales in the US back into pesos using Chinese citizens who seek to circumvent their country’s banking laws.  It says that Mexican drug cartels are taking advantage of the trade war between the US and China, which law enforcement officials say has increased the demand for US dollars among wealthy Chinese citizens living abroad as China has clamped down on its banking rules.  It is alleged that 3 Chinese nationals travelled the country selling large amounts of U.S. dollars that were the proceeds of illegal drug sales to other Chinese citizens living in the US.  Chinese living outside the country to access only $50,000 per person annually from their bank accounts, which isn’t enough for some wealthy Chinese.  Mexican banking laws limit the amount of US dollars that can be deposited into accounts to $4,000 per month.

https://www.riskscreen.com/kyc360/news/prosecutors-trade-war-opens-doors-for-mexican-drug-cartels/

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