Day: October 20, 2020

The EU has launched a consultation, closing on 30 November, saying that awareness about dual-use export controls in the wider research community cannot be taken for granted. In the EU, only few research organisations have a fully-fledged compliance structure established. Most research organisations are only starting to invest in export compliance measures, including the determination of potentially export-controlled research, and seek support from EU and national competent authorities.  The public survey is to evaluate the usefulness of the draft 64-page guidance provided by the EU, providing the opportunity for relevant stakeholders to give their feedback and inputs. The guidance has 4 sections –

1. Section 1 summarises how research organisations can be affected by EU and national dual-use export control regulations and how important top-level management commitment to compliance is to implement proportionate and effective internal compliance measures;
2. Section 2 provides for awareness information for researchers, including the basics of dual-use export controls and the potential impact on research related activities;
3. Section 3 provides for specific guidance to compliance staff on how to set up and review an Internal Compliance Programme 9ICP); and
4. Section 4 gives an overview of the regulatory framework for dual-use export controls.

Click to access consul_183.pdf

https://ec.europa.eu/eusurvey/runner/EUComplianceGuidanceDualUseResearch

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On 20 October, a blog post from Corker Bining (which are always worth watching out for) starts by commenting on why such a “simple” matter as search warrants provides for 587 pages to be in the Law Commission report on them.  It points out that there are some 176 provisions relating to the issue of search warrants across 138 pieces of legislation – and then goes on to refer to the “array of issues that frequently result in satellite litigation alongside the substantive criminal investigation or prosecution”. The post asks why the report does not (or cannot) make a recommendation about one fundamental point – in what circumstances should material that would be usually be protected from search and seizure (e.g. legally privileged material) be denied that protection, on that basis that it was, or is suspected to have been, created or held for criminal, fraudulent or otherwise iniquitous purposes?  The post, after briefly running through the types of material concerned, says that, unfortunately for future applicants and respondents, the Law Commission’s only recommendation is not for any substantive change, but rather than the Government should ‘consider whether reform is whether the law relating to iniquitous material in the context of criminal investigations ought to be reformed’.

https://www.corkerbinning.com/crime-fraud-search-warrant-applications/

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On 20 October, a Notice from HM Treasury advised that 5 persons – 2 individuals and 3 entities – on the Consolidated List and subject to sanctions in relation to DRC have had their entries amended, following EU Regulation 2020-1507/EU.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/927800/Notice_DRC_2020_1507.pdf

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On 20 October, Radio Prague International reported that FA deputy chairman, Roman Berbr, has been arrested and is facing charges of largescale game-rigging along with 18 other individuals. The FA has since announced his resignation along with that of the entire referee committee and promised to reform the system.   

https://english.radio.cz/czech-football-hit-major-corruption-scandal-8697738

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A news release from the EU on 20 October advised that the European Commission is launching infringement procedures against Cyprus and Malta by issuing letters of formal notice regarding their investor citizenship schemes also referred to as “golden passport” schemes.  The Cypriot and Maltese governments have 2 months to reply to the letters of formal notice. The Commission is also writing again to Bulgaria to highlight its concerns regarding an investor citizenship scheme and requesting further details. The Bulgarian government has 1 month to reply to the letter requesting further information, following which the Commission will decide on the next steps.

https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1925

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On 19 October, the Isle of Man advised that feedback is being sought from businesses and traders on how they communicate with the Isle of Man Government in relation to their Customs, Excise and VAT requirements, and to assess the overall customer experience and whether improvements can be made to the services provided by the Customs and Excise Division of the Treasury.  The consultation closes on 10 November.

https://www.gov.im/news/2020/oct/20/consultation-aims-to-assess-effectiveness-of-customs-and-excise-communications/

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On 19 October, Deutsche Welle reported that the ING bank unit in Poland, ING Bank Slaski, allegedly helped its clients move huge amounts of money out of Russia.  Russian and Ukrainian oligarchs need means to get their cash out of the country, but this has seemingly expanded beyond the Baltic states.

https://www.dw.com/en/how-ing-bank-in-poland-helped-russians-launder-money/a-55322399

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On 19 October, Newsroom Panama reported that 4½ years after the Panama Papers exposure, German authorities issued arrest warrants for the 2 Panama founders of the defunct Panamanian firm, Mossack Fonseca – Jürgen Mossack, of German origin, but based in Panama, and Ramón Fonseca Mora – for alleged tax evasion and organised crime.

https://www.newsroompanama.com/business/germany-issues-arrest-warrants-for-panama-papers-legal-duo

 

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The Insolvency Service has said that the UK Government has announced it will bring forward new laws requiring mandatory independent scrutiny of pre-pack administration sales where connected parties – such as the insolvent company’s existing directors or shareholders – are involved in the purchase.  The move is intended to improve confidence and transparency, giving the general public and creditors reassurance that their interests are being protected alongside those of the distressed business.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922230/Draftregulationstext_1.pdf

Also published on 8 October was a report on the outcome of review of industry reforms to pre-pack sales in administration.

https://www.gov.uk/government/publications/pre-pack-sales-in-administration

 

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y