OTHER THINGS YOU MAY HAVE MISSED – MAY 28

Panama Covid-10 update – from Monday, 1 June the current total lockdown, which only allows non-essential people out for 2 hours every other day (depending on gender) ends.  The nightly curfew will remain in force, and there will be various sanitary cordons preventing travel across the county to various places.  Strict rules will apply to those businesses which are allowed to open.  I have mixed views on this, as new infection figures have actually been higher than average the last few days, and the move could trigger a further surge.  Up until yesterday Panama had seemingly done well to squash the infection, with a death-rate per 100,000 of only around 7.5, compared to France (58), UK (56), Italy (55), France (43), US (30) and even Germany (10).

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https://www.bbc.com/news/world-us-canada-52771783

Meanwhile, the high spot of my day is a new, comfy office chair!

As mentioned above, new cases remain on the high side at 232 today, taking us to exactly 12,000 total to date.  There were 5 more fatalities, meaning that 320 people are now known to have succumbed to the virus.

28 May 2020

CENTRAL BANK OF KENYA ORDERS BANKS TO LOOK FOR DIRTY MONEY IN SAFE DEPOSIT BOXES

On 28 May, The Standard reported that banks have until end of this year to verify contents of their customers’ safes and report suspicious ones in new push to stamp out money laundering.  In a circular to all chief executives of all regulated financial institutions, it asked lenders to verify contents of the boxes and review their current policies and procedures to minimise the risk of these services being used for illegal activities, including money laundering.  The article says that safe boxes, not just in banks but in other places such as hotels as well, have become safe havens for illegally acquired wealth which includes cash and precious metals such as gold and silver.

https://www.standardmedia.co.ke/article/2001372988/sniff-out-dirty-cash-in-safe-boxes-cbk-orders-lenders

UK: CORPORATE INSOLVENCY AND GOVERNANCE BILL – WHAT DOES IT CONTAIN?

On 22 May, an article from Gowling WLG says that this Bill is set to be fast tracked into legislation and will likely be law by 10 June.  The article says that whilst some of its measures are designed to provide temporary relief during the COVID-19 crisis, it also includes provisions which will have a lasting impact on insolvency law and the ability of creditors to enforce payments, and it will have a significant impact on all those who trade with them, including customers, suppliers and landlords.  The article discusses the Bill, what it includes and what it means for businesses.

https://gowlingwlg.com/en/insights-resources/articles/2020/corporate-insolvency-and-governance-bill/

VIDEO: FRAUDULENT TRADING, CORPORATE RESTRUCTURING AND THE INTERSECTION WITH MONEY LAUNDERING

On 25 May, Bright Line Law published a video presentation by Jonathan Fisher QC in which he discusses the law on fraudulent trading, corporate restructuring and the intersection with money laundering as areas of tension presenting new challenges for professionals in the wake of COVID-19

the law on fraudulent trading, corporate restructuring and the intersection with money laundering as areas of tension presenting new challenges for professionals in the wake of COVID-19.

https://brightlinelaw.co.uk/insolvency-bankruptcy-and-money-laundering/#page=1

ISRAELI START-UP ALLEGEDLY HELPED CORRUPT MALASIA LEADER SPY ON OPPOSITION

On 28 May, CTech carried a report saying that Israeli court documents claims about the company’s methods of operation and its ties to questionable regimes, including its $1.5 million deal to supply Malaysia’s intelligence agency with surveillance tools to be used on civilians.

https://www.calcalistech.com/ctech/articles/0,7340,L-3828013,00.html

US THREATENS SANCTIONS TO DETER TANKERS CARRYING FUEL TO VENEZUELA

On 28 May, the Wall Street Journal reported that the 2 Liberian-flagged, Greek-owned vessels loaded with Iran oil products and headed to Venezuela are said to have halted their deliveries after the sanctions threat.

https://www.wsj.com/articles/u-s-threatens-sanctions-to-deter-tankers-carrying-fuel-to-venezuela-11590669831

GAZPROM CALLS WASHINGTON’S BLUFF ON NORD STREAM 2 SANCTIONS

On 27 May, an article in the Financial Times reported that Gazprom has dared the US to place sanctions directly on it – the supplier of 40% of Europe’s gas and raised €4.5 billion from European energy companies.  It seems that Gazprom is set to complete the pipeline.

https://www.ft.com/content/f526d6ae-6b04-422d-a98c-0e7da56c93a6

RUSSIA SEIZES 40 TONNES OF EMBARGOED EUROPEAN CHEESES

On 28 May, Chinese news source CGTN reported that Russia had seized 40 tonnes of European cheeses smuggled into the country in breach of an embargo on EU food imports.  It is said to have been found in St Petersburg in 4 containers labelled as containing a component used to produce rubber.  It is said that Russian Customs released a video of a sniffer dog eagerly running up to piles of boxes, with an officer opening them to reveal round packaged cheeses.  The containers are also said to have contained instant coffee, chocolate biscuits and washing-up liquid.  Russia in 2014 banned wholesale imports from the European Union of most types of fresh foods, in response to EU sanctions over Russia’s actions in Ukraine including the annexation of Crimea.

https://newsaf.cgtn.com/news/2020-05-28/Russia-seizes-40-tonnes-of-embargoed-European-cheeses-QQvyjYff5C/index.html

US: UIGHUR HUMAN RIGHTS SANCTIONS BILL GOES TO PRESIDENT TRUMP FOR SIGNING

On 28 May, the EU Sanctions Blog reported that the US House of Representatives as joined the Senate in approving this Bill which would provide for asset freezes and travel bans on officials responsible for human rights abuses on the Uighur and other Muslim minority populations in the Xinjiang Uighur region (XAR) in China.  It now passes to President Trump, who will make the final decision on whether to sign it into law.

https://www.europeansanctions.com/2020/05/us-house-of-representatives-approves-uighur-human-rights-policy-bill/

DEFORESTATION SCANDAL SPARKS CALL FOR TOUGHER BANK DUE DILIGENCE

On 28 May, Global Trade Review reported that governments are being urged to introduce stricter due diligence requirements for financial institutions involved in timber trading, following a detailed investigation into a deforestation scandal in SE Asia.  Global Witness is accusing a Malaysia-headquartered company, Maxland, of carrying out illegal logging activity in Papua New Guinea.  Maxland is owned by Malaysian conglomerate Joinland Group, which in turn holds financial relationships with three Malaysian banks: Maybank, CIMB and United Overseas Bank, and shareholders in those banks include major international financiers such as JP Morgan Asset Management in Singapore and New York-headquartered BlackRock. Other financial backers include the Vanguard Group, T. Rowe Price Associates, Dimensional Fund Advisors and CalPERS, as well as Norway’s Government Pension Fund Global.

https://www.gtreview.com/news/sustainability/deforestation-scandal-sparks-calls-for-tougher-bank-due-diligence

MALTA STILL DEEMED AS ‘TOOTHLESS’ IN FIGHT AGAINST MONEY LAUNDERING, SAYS FORMER PM

An article in the Malta Independent on 28 May said that, in a post on Facebook, the Labour MEP Alfred Sant said that Malta has a lot more to do to gain credibility in its fight against money laundering. Malta is considered as a country with weak monitoring and institutions, they are like toothless dogs, he said.

https://www.independent.com.mt/articles/2020-05-28/local-news/Malta-still-deemed-as-toothless-in-fight-against-money-laundering-Alfred-Sant-6736223597

AUSTRALIA FLAGS A CONTRIVED TAX AVOIDANCE ARRANGEMENT

On 28 May, Tax News reported that the Australian Taxation Office (ATO) has issued a Taxpayer Alert on mischaracterised arrangements and schemes connected with direct foreign investment into Australian businesses. – and arrangements are deliberately structured to avoid Australian tax that is payable on the return to the foreign investor, or to obtain a tax deduction for the Australian entity.

https://www.tax-news.com/news/Australia_Flags_Contrived_Tax_Avoidance_Arrangement____97702.html

WHY AFRICAN GOVERNMENTS STILL HIRE MERCENARIES

In its 30 May edition, The Economist published an article given as a recent example that President Filipe Nyusi wanted help last year to tackle a jihadist insurgency in northern Mozambique, various private military firms were keen to oblige.  He chose Russia’s Wagner Group, which vowed to make short work of the rebels – but after a number of its men were killed, it pulled out, humiliated.  However, they have been replaced by others.  The article says that, despite a UN treaty banning mercenaries, their day is far from over and some analysts think there are now more of them in Africa than ever.  It points out that Wagner has been hired to prop up a number of shaky African regimes – Guinea, South Sudan, Central African Republic.  And in Libya, despite a UN arms embargo, Wagner is reported to have deployed 800-1,200 operatives in support of a rebel general.

https://www.economist.com/middle-east-and-africa/2020/05/30/why-african-governments-still-hire-mercenaries

US COURT FREEZES ASSETS LINKED TO ALLEGED $9 MILLION ICO SCAM

On 28 May, Coindesk reported that a federal court has frozen all funds raised in a $9 million ICO token sale – Meta 1 Coin initial coin offering – that the SEC has accused of being fraudulent.

https://www.coindesk.com/us-court-freezes-assets-linked-to-alleged-9m-ico-scam

SEC CHARGES BLOCKCHAIN SERVICES COMPANY FOR CONDUCTING AN UNREGISTERED ICO OF DIGITAL ASSET SECURITIES

On 28 May, a release on Mondo Visione advised that charges had been laid by the SEC against blockchain services company BitClave PTE Ltd. headquartered in San Jose, California, for conducting an unregistered initial coin offering of digital asset securities.  The SEC says that BitClave raised over $25 million by selling its Consumer Activity Tokens (CAT) to approximately 9,500 investors, including investors in the US.

https://mondovisione.com/media-and-resources/news/sec-unregistered-255-million-ico-issuer-to-return-money-for-distribution-to-i/

SINGAPORE POLICE FORCE AND REGULATORY AUTHORITIES BLOCK THE WEBSITE OF AN UNREGULATED TRADING PLATFORM, AROTRADE.

A release on Mondo Visione on 28 May reports that the Singapore Police Force, the Infocomm Media Development Authority (IMDA) and the Monetary Authority of Singapore (MAS), have taken action to block the website of an unregulated trading platform, Arotrade.  This came after the police received complaints from at least 40 Singapore residents about an online platform allegedly registered in Belize purporting to offer trading in contracts for difference (CFD) for different asset classes such as stocks, foreign exchange, commodities, cryptocurrency and indices via its website.

https://mondovisione.com/media-and-resources/news/singapore-police-force-infocomm-media-development-authority-and-monetary-author/

NEW REPORT HIGHLIGHTS RISK OF MONEY LAUNDERING FOR LAND-BASED CASINOS IN LITHUANIA

On 28 May, iGB reported that Lithuania’s land-based casino industry faces a “very high” risk from money laundering, while the remote gambling sector faces a high risk, according to a new National Money Laundering and Terrorist Financing Risk Assessment.

https://www.igamingbusiness.com/news/new-report-highlights-risk-money-laundering-lithuania

A PRACTICAL GUIDE TO PERSONAL DATA BREACH NOTIFICATIONS UNDER THE GDPR

The Irish Data Protection Commission has published a helpful guide to give data controllers some practical advice on how to handle data breaches and navigate the mandatory data breach notification regime.  The Commission says that it was produced following an analysis of the trends and statistics observed by the Commission during the first year of the GDPR mandatory breach reporting regime.

https://www.dataprotection.ie/sites/default/files/uploads/2019-10/Data%20Breach%20Notification_Practical%20Guidance_Oct19.pdf

 

 

 

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US INDICTS CHINESE AND NORTH KOREANS AND ACCUSES STATE-OWNED BANK OF EVADING SANCTIONS

On 28 May, Reuters reported that the US DoJ has accused North Korea’s state-owned bank, the Foreign Trade Bank, of evading US sanctions laws and charged 28 North Korean and 5 Chinese citizens with committing money laundering, bank fraud and other crimes. The bank is accused of processing at least $2.5 billion in illegal payments using over 250 front companies.

https://uk.reuters.com/article/usa-northkorea-sanctions/u-s-indicts-north-koreans-accuses-state-owned-bank-of-evading-sanctions-idUKL1N2DA1Y7?rpc=401&

 

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LEBANON REMOVES DECADES-OLD BANKING SECRECY RULES IN BID TO BETTER FIGHT CORRUPTION

On 28 May, the Globe & Mail reported that Lebanon’s parliament has approved a law to remove decades-old banking secrecy rules in order to better fight rampant corruption that has pushed the country to the edge of economic collapse.  It says that the change opens the way for investigations into bank accounts of current and former officials such as Cabinet ministers, legislators and civil servants.  The new law gives powers to National Anti-corruption Commission and a Special Investigative Committee at the central bank to investigate bank account of officials.

https://www.theglobeandmail.com/world/article-lebanon-removes-decades-old-banking-secrecy-rules-in-bid-to-better

 

 

 

 

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HOW GAMING COMPANIES CAN BECOME INADVERTENT MONEY SERVICES BUSINESSES

An article from Wilson Sonsini Goodrich and Rosati on 28 May is concerned with gaming companies inadvertently finding themselves subject to these AML laws in the US (with attendant registration, recordkeeping, and other requirements) by offering gamers the ability to purchase in-game currencies, digital goods, electronic gift cards, and similar products.   It advises that, before offering a product like in-game currencies, a gaming company should, at a minimum,5 determine whether, by offering that product, it qualifies as one of the 3 types of money services businesses which the article identifies.  It also cautions that, while many gaming companies already limit the transferability and tradability of their in-game currencies, digital goods, and similar products in their online terms and conditions or end-user licence agreements, these limitations have not stopped secondary marketplaces for in-game currencies and digital goods from popping up.

https://www.jdsupra.com/legalnews/how-gaming-companies-can-become-67064

 

 

 

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US BLACKLISTS BOSNIAN POLITICIAN OVER INVOLVEMENT IN ‘SIGNIFICANT CORRUPTION’

On 28 May, Rferl reported that the US State Department has blacklisted Amir Zukic, a former member of Bosnia-Herzegovina’s lower house of parliament accused of involvement in “significant corruption” in the Balkan country.  The move means Zukic and his immediate family members are ineligible for entry into the US.

https://www.rferl.org/a/us-blacklists-bosnian-politician-over-involvement-in-significant-corruption/30640340.html

https://www.state.gov/public-designation-of-former-representative-amir-zukic-of-bosnia-and-herzegovina-due-to-involvement-in-significant-corruption

 

 

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JERSEY: CONSULTATION ON REVISIONS TO THE AML/CFT HANDBOOKS

On 28 May, the Jersey FSC published a consultation on revisions required in order to implement the 2012 FATF Recommendations.  There are said to be several minor technical amendments to the handbooks specifically in relation to business risk assessments, customer due diligence, resilience, equivalent countries and territories.  The consultation is open to 31 July.  The release includes a short video message explaining some of the proposals

https://www.jerseyfsc.org/news-and-events/consultation-on-revisions-to-the-amlcft-handbooks/

 

 

 

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THE CAATSA REPORT LIST OF RUSSIAN OLIGARCHS

On 28 May, Kenneth Rijock in his blog made available the list produced for the US Congress by the Treasury and including individuals, all of whom qualify because they are known to possess more $1 billion – all of which was diverted government property, for which they paid little or nothing, at the time of the dissolution of the former Soviet Union.  He suggests that involvement of any of them would trigger enhanced due diligence upon your client and all counterparties, the transactions involved etc.

http://rijock.blogspot.com/2020/05/caatsa-report-list-of-russian-oligarchs.html

 

 

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AUSTRALIA: CHANGE TO THE AML/CFT CUSTOMER ID AND VERIFICATION RULE TO HELP PEOPLE EXPERIENCING FAMILY AND DOMESTIC VIOLENCE

Mirage News has reported that AUSTRAC has announced a change to the AML/CFT customer ID and verification rule to help people experiencing family and domestic violence – allowing banks and other regulated businesses can use alternative ways to verify their customer’s identity.

https://www.miragenews.com/new-rule-will-help-australians-fleeing-family-and-domestic-violence-gain-financial-independence/

 

 

 

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JERSEY: PREPARE TO BE ASSESSED BY MONEYVAL IN 2021/22

An article in the Jersey Evening Post on 28 May says that an important event which has not been cancelled as a consequence of the current pandemic is Jersey’s upcoming assessment by MONEYVAL in 2021/22.  Although its precise timing may be impacted, this assessment is due to go ahead and the article says that the coronavirus is not likely to be viewed as a mitigating circumstance.  Jersey was last assessed in 2015 against the previous recommendations of FATF, and the results are described as “positive” by the article but that the upcoming assessment will be made against much tougher requirements.

https://jerseyeveningpost.com/news/business/2020/05/28/prepare-to-be-assessed/

 

 

 

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GUIDE TO SENDING HUMANITARIAN FUNDS TO SYRIA AND OTHER HIGH-RISK JURISDICTIONS

A guide from Dr Justine Walker at ACAMS explains how banks, humanitarian organisations, donors and national competent authorities can facilitate the provision of aid to Syria and other high risk jurisdictions in a way that is compliant with EU, US and UN sanctions and other regulatory obligations.

http://files.acams.org/pdfs/2020/The-Risk-Management-Principles-Guide-for-Sending-Humanitarian-Funds-into-Syria-and-Similar-High-Risk-Jurisdictions.pdf

 

 

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