OTHER THINGS YOU MAY HAVE MISSED – OCTOBER 24

Panama Covid-19 update – well, the beaches are to open, but police will check everyone’s ID against the list of 20,000+ meant to be in quarantine – and woe betide you if you are not meant to be out…but at least no all-day lockdown tomorrow (Sunday) – although, to be honest, I didn’t mind it. Won’t use tomorrow to go to the beach, as I imagine there will be crowds…

Meanwhile, another 649 new cases added to the ongoing total – which now stands at 21,325. However, “only” 6 more fatalities – but that means 2,628 to date.

24 October 2020

HUMAN RIGHTS NOW PART OF US EXPORT LICENSING REVIEW FOR NEARLY ALL EXPORT LICENCES

On 9 October, an article from Arent Fox reported that on 6 October, the US Department of Commerce, Bureau of Industry and Security (BIS) released a Final Rules revising its licensing policy for crime control and detection items, “which is designed to promote respect for human rights throughout the world”.  It also revised the Export Administration Regulations (EAR) so that a review of human rights is part of every licence application review, with the sole exception of “short supply” items – “short-supply” control restricts the export of goods necessary to protect the domestic economy from an excessive drain of scarce materials and to reduce the inflationary impact of foreign demands.

https://www.arentfox.com/perspectives/alerts/human-rights-now-part-us-export-licensing-review-nearly-all-export-licenses

CENTRAL BANK DIGITAL CURRENCIES (CBDC) AND THE US/CHINA GREAT POWER COMPETITION

On 23 October, an article in Forbes says that it is important to understand the background of dual-use technology in the context of great power competition while considering the roles of digital currencies and blockchain technology in this modern environment. 

https://www.forbes.com/sites/nicholasgans/2020/10/23/central-bank-digital-currencies-and-the-uschina-great-power-competition/#756567b67c43

FATF: PAKISTAN REMAINS ON GREY LIST AND TO REPORT BACK IN FEBRUARY

On 24 October, various media reported that the FATF Plenary had decided (without a vote) to keep Pakistan on its grey list, not move it onto the blacklist, and that Pakistan should report back again in February.  An official statement said that Pakistan has made progress across all action plan items and has now largely addressed 21 of the 27 action items and, as all action plan deadlines have expired, FATF strongly urged Pakistan to swiftly complete its full action plan by February 2021.

https://gulfnews.com/world/asia/pakistan/pakistan-remains-on-grey-list-of-terror-financing-watchdog-fatf-1.74772354

DOES THE TERM “PERSONAL INFORMATION” MEAN THE SAME THING AS THE TERM “PERSONALLY-IDENTIFIED INFORMATION”?

On 22 October, an article from Greenberg Traurig looks at the definition of personally identified information or “PII” is defined and provides a side-by-side comparison of the 2 terms.

https://www.gtlaw-dataprivacydish.com/2020/10/does-the-term-personal-information-mean-the-same-thing-as-the-term-personally-identified-information/

US IMPOSES NEW MEASURE AGAINST SENDING REMITTANCES TO CUBA

On 23 October, Telesur reported that OFAC had announced a new measure against sending remittances to Cuba, as part of the policies adopted by the Trump Administration against the island.  An  amendment will restrict any transaction with entities on the so-called Cuba Restricted List, a State Department list that includes more than 200 Cuban entities and sub-entities prohibited by the US Government, including those which process and distribute remittances on the island, such as Fincimex, AIS, CIMEX, and others.  The Administration noted that the new measure is intended to restrict access by such entities and sub-entities to funds obtained in connection with remittance-related activities, including in their role as intermediaries or their receipt of fees or commissions for processing remittance transactions.

https://www.telesurenglish.net/news/US-Implements-New-Measure-Against-Sending-Remittances-to-Cuba-20201023-0021.html

HONG KONG A WILDLIFE TRADING HUB BUT NO-ONE EVER PROSECUTED

On 23 October, an article in The Standard says that a Hong Kong University report says that no wildlife traffickers have ever been prosecuted in Hong Kong for money laundering related offences and no syndicates indicted for wildlife smuggling, although the city is a wildlife trading hub.  The study recommends amending the Organised and Serious Crimes Ordinance to include serious wildlife crimes as specified offences which, it says, would unleash the full force of investigative powers necessary to effectively combat Hong Kong’s increasingly serious wildlife trafficking problem.

https://www.thestandard.com.hk/breaking-news/section/4/158051/HK-a-wildlife-trading-hub,-but-none-ever-prosecuted,-HKU-report-says

GERMANY: DARK WEB ‘CYBERBUNKER’ TRIAL BREAKS NEW GROUND

On 24 October, Deutsche Welle reported that a Cold War bunker in a small German town housed darknet internet servers that facilitated illegal online activity. The group operating the servers are now on trial — but, it asks, are they really responsible for 250,000 crimes?  It is Germany’s largest-ever cybercrime trial and the 8 people — 4 Dutch, 3 German, and a Bulgarian — worked at the “cyberbunker” data centre at a disused military bunker in the pretty village of Traben-Trarbach.  They are charged with aiding and abetting criminals in some 249,000 illegal online transactions involving drugs, contract killings, money laundering, and images of child abuse worth millions of euros.

https://www.dw.com/en/dark-web-cyberbunker-trial-breaks-new-ground/a-55368235

COMPARISON CBI AND RESIDENT PROGRAMMES OFFERED BY IOM GUERNSEY CYPRUS, MALTA, ST KITTS & NEVIS, SWITZERLAND, UK

Dixcart has produced a chart comparing the requirements for the programmes offered by these several countries.

https://mk0dixcarti67wof59f7.kinstacdn.com/wp-content/uploads/2020/10/Dixcart-Move-of-Residence-Table.pdf

UK: PUBLIC CONSULTATION ON PROPOSED RESTRICTIONS FOR GAMBLING ADVERTISEMENTS

On 23 October, CMS Law reported that a public consultation has been launched on proposals to introduce new advertising guidance and rules aimed at protecting children, young people and vulnerable people from harms associated with gambling advertisements.  CAP, author of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) and the Broadcast Committee of Advertising Practice (BCAP), author of the UK Code of Broadcast Advertising (the BCAP Code) are consulting on changes to their rules and guidance on gambling and lotteries advertising.

https://www.cms-lawnow.com/ealerts/2020/10/cap-launches-public-consultation-on-proposed-restrictions-for-gambling-advertisements

The consultation is at –

https://www.asa.org.uk/uploads/assets/f939d3c2-42cf-4c2f-82901b688554fdea/CAP-gambling-Oct2020-consultation-document.pdf

CIGARETTES: NEW UK-ONLY TRACK AND TRACE SYSTEM

On 19 October, TJI reported that HMRC will start testing a new UK-only track and trace system for cigarettes later this month.  The new track and trace system will replace the current EU version when the UK fully leaves the EU on 31 December.  It is being put in place so that the UK will still be able to track the movement of tobacco products and clamp down on illicit trading.

http://www.tobaccojournal.com/New_UK-only_track_and_trace_system.56078.0.html

SMUGGLING AND ARMS TRAFFICKING IN THE BORDER REGIONS BETWEEN BURKINA FASO, CÔTE D’IVOIRE, AND MALI

The Small Arms Survey has produced a briefing paper which says that the tri-border area between Burkina Faso, Côte d’Ivoire, and Mali has long been an important zone of commerce for West Africa, and a key transit route for the trade flowing between the Gulf of Guinea, the Sahara, Sahel, and Mediterranean.  It says that in recent years, however, smuggling and trafficking has risen in the subregion because of the growing demand for illicit goods and firearms. takes a detailed look at the actors enabling smuggling and arms trafficking in the region, identifies the drivers of this traffic, and analyses the impacts on local communities. The paper finds that there are 3 key trafficking axes in the area and that states are largely unable to control their borders and prevent these activities. The study also shows that illicit firearms are often trafficked together with other smuggled goods such as gold or drugs, using the ant trade method.

http://www.smallarmssurvey.org/fileadmin/docs/T-Briefing-Papers/SAS-SANA-BP-Triborder-Transit.pdf

AS PART OF ITS SUGGESTIONS AND ADVICE FOR THE 2 CANDIDATES IN THE US ELECTION, THE STIMSON CENTER PUBLISHED A SERIES OF ARTICLES –

FIX THE NON-PROLIFERATION ASSISTANCE MAZE

On 13 October, the Stimson Center published an article saying that when countries need help implementing measures that prevent the proliferation of chemical, biological, radiological and nuclear (CBRN) weapons , they often have trouble finding the assistance they need. Likewise, countries and organizations offering help often have difficulty matching their funds, expertise, and capacity with states that need it. The next administration can simplify the maze of assistance efforts that hold too many countries back.

https://www.stimson.org/2020/fix-the-nonproliferation-assistance-maze/

INCREASE THE SECURITY OF RADIOACTIVE SOURCES

On 20 October, an article from the Stimson Center said that radioactive materials remain notably vulnerable to use by violent groups.  Radioactive sources help to fight cancer, protect crops, make food and buildings safer, acquire resources buried deep underground and much more. Their ubiquity makes our lives better, but that accessibility also increases the risk they will be used as a weapon to kill, create fear, and cause significant economic harm. As terrorist groups, criminal organisations, and individuals have become more willing to cause mass casualties, concern about the security of radioactive sources has grown.

https://www.stimson.org/2020/increase-the-security-of-radioactive-sources/

REDUCE THE THREAT OF CHEMICAL WEAPONS WITH NEW SECURITY STANDARDS

On 18 September, an article from the Stimson Center said that there are not clear international standards or legal obligations to ensure the security of chemicals that can be used to make chemical weapons.  Although some State Parties to the Chemical Weapons Convention have developed strong systems for chemical safety, few countries have a solid basis in policy and law for chemical security. The US is in the position to reduce global vulnerability by strengthening both the chemical nonproliferation regime and the crumbling chemical weapons taboo.

https://www.stimson.org/2020/reduce-the-threat-of-chemical-weapons-with-new-security-standards/

US DRONE POLICY: TRANSPARENCY AND OVERSIGHT

On 11 February, the Stimson Center said that US policy on drones should set the standard for drone transfers and use around the world.

NEW UK ICO GUIDANCE ON DATA SUBJECT ACCESS REQUESTS (DSAR): CLARITY RESTORED 

On 23 October, a Client Briefing from Clifford Chance says that, following its consultation on the draft DSAR Guidance the Information Commissioner’s Office has revised its proposed approach in some regards providing clarity on the 3 key points.  The Briefing explores these areas of the New Guidance in more detail.

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2020/10/uk-client-briefing-october-2020.pdf

SECURITY TOKEN OFFERINGS – A EUROPEAN PERSPECTIVE ON REGULATION

An article from Clifford Chance on 24 October begins by saying that security token offerings, the issuance of digital tokens using blockchain or distributed ledger technology, are increasingly being seen as an alternative to mainstream debt and equity fundraisings.  It is said that this is the first in a series of reports planned for the coming months, covering STO regulation in other regions such as the US, Asia and Middle East.

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2020/10/security-token-offerings-a-european-perspective-on-regulation.pdf

A NEW FRAMEWORK FOR ASSESSING SANCTIONS IS VITAL FOR ANY NEW US STRATEGY ON NORTH KOREA

On 22 October, an article in 38 North says that a new, comprehensive and realistic framework for assessing sanctions is vital to developing a more effective strategy toward the North over the coming months. Ideally, this framework would be unclassified and publicly available to inform the broadest possible debate.

https://www.38north.org/2020/10/mgarlauskas102220

IRISH REVENUE SEIZES HERBAL CANNABIS WORTH €7 MILLION

On 23 October, a news release from the Revenue Commissioners reported that Revenue Customs officers had seized 352 kg of herbal cannabis with an estimated value in excess of €7 million. The illegal drugs arrived in a container from Spain through Dublin Port.    

https://www.revenue.ie/en/corporate/press-office/press-releases/2020/pr-231020-revenue-seize-herbal-cannabis-worth-7m.aspx

FIRST BITCOIN “MIXER” PENALISED BY FINCEN FOR VIOLATING AML LAWS

A news release from FinCEN on 19 October reported that FinCEN has assessed a $60 million civil penalty against Larry Dean Harmon, the founder, administrator, and primary operator of Helix and Coin Ninja, convertible virtual currency “mixers,” or “tumblers,” for violations of the Bank Secrecy Act (BSA) and its implementing regulations.  

https://www.fincen.gov/news/news-releases/first-bitcoin-mixer-penalized-fincen-violating-anti-money-laundering-laws

WHICH FLAG WOULD/SHOULD A SUPERYACHT FLY?

An article in the Autumn edition of Onboard magazine looks at ensigns flying from the sterns of superyachts and asks: what is the difference for the owner, yacht and crew?

https://media-exp1.licdn.com/dms/document/C4E1FAQFzOUMfWCNQSQ/feedshare-document-pdf-analyzed/0?e=1603641600&v=beta&t=GsMbLXlcsYJ9vPBG0pF-2u1qp44c45fr3Vo5ahtuXKA

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

NEW CASE LAW ON CIVIL LIABILITY FOR MONEY LAUNDERING IN SWITZERLAND

An article from Baldi & Caratsch on 23 October said that new case law in the field of asset recovery comes to the aid of victims of financial crime.  It reports that the Swiss Federal Supreme Court has held that the victims of fraud and other financial crimes have a claim to compensation not just against the author of the predicate crime, but also against the money launderer whose acts thwarted the state’s possibilities to confiscate and return the ill-gotten funds to the victim.  The article says that the new case law is likely to lead to an increase in legal claims against banks and other providers of auxiliary services used by fraudsters, as it introduces a more reasonable burden to prove their ancillary liability.

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

CANADA: BOMBARDIER SUSPENDS DELIVERY OF ROTAX AIRCRAFT ENGINES USED ON MILITARY DRONES

On 23 October, CBC News reported that the company says it only recently became aware that the Rotax engines, made in Austria by a subsidiary, were powering military UAV.  It has suspended the delivery of aircraft engines to “countries with unclear usage” in the wake of reports that some of those engines are being used on Turkish combat drones deployed by Azerbaijan in fighting against Armenian forces in Nagorno-Karabakh.

https://www.cbc.ca/news/politics/turkey-armenia-azerbaijan-drones-bombardier-1.5775350

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