July 9, 2020 – raytodd.blog

TRACE WEBINAR RESOURCES AVAILABLE FREE ONLINE

TRACE, which describes itself as a globally-recognised anti-bribery business association, and which provides the weekly TRACE podcast interviews on compliance-related issues, has made available on its website a selection of its most recent compliance webinars in an effort to provide companies with additional resources during Covid-19 crisis. The resources include webinars on –

Developments in Human Trafficking and Modern Slavery Regulation and Compliance: The Impact on Your Business;
The Mechanics Behind Corruption;
The Impact of a Global Crisis on Anti-Bribery Compliance;
Proposed Expansion on UK “Failure to Prevent” Legislation and What It Could Mean for Compliance Requirements of UK Corporations;
The Anti-Bribery Compliance Landscape in South Korea;
Addressing Compliance Risk in the Logistics and Freight Forwarding Industry; and
The Potential for Corruption in 5G Telecom Implementation.

. https://info.traceinternational.org/webinar-hub

If you would like to say thanks by making a small contribution, in case I need to upgrade or replace my computers and other paraphernalia, I have a page at “Buy me a Coffee” – https://www.buymeacoffee.com/KoIvM842y

DESPITE TRADE TENSIONS FIREWORKS EXPORTS FROM CHINA ARE BOOMING

Global Trade Magazine on 8 July carried an article saying that China produces some 90 percent of the world’s fireworks. Around 60 percent of those are made in Liuyang. It says that Nearly all the fireworks US consumers purchase came from China – about $296.2 million worth – this being about half of the total Chinese output. However, the Washington Post has reported that around 70% of all Chinese fireworks entering the US are produced, warehoused, transported, and ultimately imported under the control of companies owned by just one Chinese businessman and his companies have imported 7,400 containers into the US so far this year, averaging around 72 per day.

fireworks

https://www.globaltrademag.com/despite-trade-tensions-fireworks-exports-from-china-are-booming/

LATIN AMERICA ANTI-CORRUPTION EFFORTS EXPERIENCING “2 STEPS FORWARD, 1 STEP BACK”

On 8 July, a news release from Miller & Chevalier, announcing survey results, says that despite Latin America’s anti-corruption progress over the last decade, including blockbuster investigations, high-powered politicians and business leaders behind bars, and improved laws in key jurisdictions, new survey data reveals corruption risk to be at an all-time high across the region. 54% of survey respondents said corruption is a significant obstacle to doing business – up 10% since 2012 – while only 45% of respondents believe offenders are likely to be prosecuted, down from 66% in 2008. Enhancements to local anti-corruption laws in numerous countries are generating some signs of hope, the survey finds. When asked if they think anti-corruption laws are having an impact, respondents from these countries show greater optimism than the regional average of 50%: Argentina (72%), Brazil (74%), Chile (59%), Colombia (55%), Mexico (68%), and Peru (63%). The news release also says that the survey results on common areas of bribery risk bring into focus specific COVID-related corruption threats, but that more companies, both local/regional companies and multinationals, are embracing corporate anti-corruption compliance standards, a trend that has steadily increased over the last decade.

https://www.millerchevalier.com/news/latin-america-anti-corruption-efforts-experiencing-two-steps-forward-one-step-back-new-miller

The survey is at –

https://www.millerchevalier.com/sites/default/files/publications/LACS/2020-Latin-America-Corruption-Survey-Report_English.pdf

ISLE OF MAN FIU STRATEGIC DELIVERY PLAN 2020-21

The Order Paper for the Isle of Man’s parliament for 26 July included this report which lays out as its strategic objectives –

Provide a high level of focus to the development of analysis products both operational and strategic;
Provide support to the Economic Crime Unit to seek an improvement in the use of financial intelligence to successfully investigate and prosecute money-laundering offences, and confiscate the proceeds of crime;
Develop and improve access to the widest possible range of financial intelligence; and
Focus on the development of knowledge and skills for combatting the emerging threats from crypto-enabled crime and convertible and non-convertible virtual currencies.

https://www.tynwald.org.im/business/opqp/sittings/20182021/2020-GD-0016.pdf

ANNUAL REPORT OF THE ISLE OF MAN FIU

The Order Paper for the Isle of Man’s parliament for 26 July included this report

fiu1

fiu2

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https://www.tynwald.org.im/business/opqp/sittings/20182021/2020-GD-0014.pdf

LATIN AMERICAN SMUGGLING NETWORKS EXPLOIT THOUSANDS OF PEOPLE FROM AFRICA AND ASIA AS THEY TRY TO MAKE THEIR WAY TO THE US AND CANADA

On 9 July, OCCRP published a feature saying that police documents, official statistics, and accounts from dozens of migrants suggest Latin America’s smuggling networks are making hundreds of millions of dollars a year from the clandestine trade, which is then moved around the world through front men, small businesses, and money transfer companies. It reports on what is described to be the largest-ever journalistic investigation into these little-known routes.

https://www.occrp.org/en/cruel-road-north/

CMA CGM SHIPPING LINE TO TIGHTEN RULES FOR SHIPPING PROTECTED SPECIES – BLACKLIST OF EXPORTERS AND BAN ON TIMBER EXPORTS FROM THE GAMBIA

On 9 July, Lloyds Loading List reported that the French container shipping line will toughen its rules for shipping protected species, draw up a blacklist of exporters suspected of illicit trafficking, and freezing timber exports from The Gambia to help prevent deforestation. Shippers must state whether a species is covered by CITES and provide the required export permits whenever animals or plants are carried.

https://www.lloydsloadinglist.com/freight-directory/news/CMA-CGM-tightens-rules-for-shipping-protected-species/76947.htm#.XwdRNxOSmM8

FinCEN RED FLAGS OF FINANCIAL CRIME IN COVID-19 CASES

On 9 July, Kenneth Rijock published in his blog what he described as an “outstanding” summary of the tactics employed by fraudsters seeking to entrap unwary victims, taken from the latest FinCEN Advisory.

https://rijock.blogspot.com/2020/07/read-fincens-red-flags-of-financial.html

https://www.jdsupra.com/legalnews/fincen-issues-advisory-on-covid-19-and-47300/

https://www.fincen.gov/sites/default/files/advisory/2020-07-07/Advisory_%20Imposter_and_Money_Mule_COVID_19_508_FINAL.pdf

OFAC ADDS THE XINJIANG PUBLIC SECURITY BUREAU AND CHINESE INDIVIDUALS TO SANCTIONS LISTS

On 9 July, OFAC announced that the XINJIANG PUBLIC SECURITY BUREAU and 4 official sin Xinjiang have been added to OFAC’s sanctions list for alleged involvement in human rights abuses.

https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20200709.aspx

https://home.treasury.gov/news/press-releases/sm1055

UK: COURT OF APPEAL DECISION MAY MEAN THAT NOT ALL COMMUNICATIONS BY IN-HOUSE LAWYERS WILL BE COVERED BY LEGAL ADVICE PRIVILEGE

Bird & Bird has published an article about the recent Court of Appeal case of CAA v Jet2.com which clarified that a “dominant purpose” test applies when assessing if a communication or document is protected by LAP. The article looks at the practical implications of this decision for in-house lawyers, particularly those who have a dual commercial and legal role, and at the importance, especially now, when major commercial and legal decisions are being made remotely, of keeping legal and commercial advice separate to avoid the risk of privilege being lost.

https://www.twobirds.com/en/news/articles/2020/uk/the-english-court-of-appeal-decision-in-caa-v-jet2-com-may-mean-that-not-all-communications