Day: November 2, 2020

On 23 September, Global Witness published a report saying that it found alarming that, in the US, there are few regulations and checks of who is purchasing homes. As a result, housing remains a key vehicle for criminals looking to stash cash, launder money, and buy up homes in a tight market.  It uses 6 case studies to illustrate how it is done, saying that these are just the tip of the iceberg, and without urgent intervention, anonymous companies will continue to undercut and disadvantage ordinary Americans looking for housing.  It argues that there is an urgent need for swift, effective action to curb the use of anonymous companies and their professional enablers.  It makes a number of recommendations, including expanding the FinCEN Geographic Targeting Orders covering residential property nationwide and make them permanent. 

https://www.globalwitness.org/documents/19961/Briefing-On_The_House.pdf

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On 2 November, the Isle of Man Government Department for Enterprise launched a consultation on plans to establish an export sector for Cannabis-derived products, such as industrial hemp, medicinal cannabis and other uses for the cannabis plant in the Isle of Man.  The consultation invites industry, potential investors and other interested parties to provide input into the proposed framework to support the potential sector.  It sets out the licensing framework, prescribed by new regulations, and supporting guidance required to create a stringent regulatory environment for the emerging sector.  It seeks feedback only on a commercial-export sector for economic benefit and does not consider related activities for domestic sales or consumption.  It builds upon a previous consultation DHSC held in February/March 2019 which garnered significant public, commercial and departmental input. Responses are due by 19 November.

https://consult.gov.im/economic-development/regulatory-framework-for-cannabis-derived-products/

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On 2 November, the Global Initiative Against Transnational Organised Crime published its latest Bulletin looking at organised crime in SE Europe.  The matters included –

A recent case that came to light concerning an Albanian-speaking cocaine-trafficking network operating out of Ecuador.  The Albanian media speculate that the kingpin is a notorious 40-year-old Albanian criminal, who has been imprisoned in Ecuador for the past 6 years;

A further report of the smuggling of weapons from SE Europe.  SE Europe is awash with weapons, particularly from the legacy of wars in the former Yugoslavia and some countries in the region still manufacture weapons; and

North Macedonian businesses have been on the receiving end of cyber attacks, particularly through a technique known as phishing, which is used to steal data or carry out fraud.  It is said that hackers in North Macedonia have developed a notorious reputation, from producing fake news during the last US election to carrying out a disproportionate number of cybercrime offences.

https://globalinitiative.net/wp-content/uploads/2020/11/SEE-Obs-Risk-Bulletin-2.pdf

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On 29 October, a report from Columbia University in the US saying that the 4 countries announced in 2017 that they were cutting diplomatic ties with and imposing sanctions on Qatar.  The most formidable of these sanctions was a comprehensive blockade of Qatar, which involved the closure of the land border between Qatar and Saudi Arabia as well as banning Qatari aircraft from entering the countries’ airspace. The coalition then embarked on a limited programme of sanctions advocacy, seeking US, European, East Asian, and other regional support for their efforts.  The report sets aside whether the cause of the Qatari dispute with its neighbours justified the use of sanctions and examines the significance of the execution of those sanctions.  Qatar’s experience is not replicable in many contexts, given its sizable advantages in available resources. Nonetheless, how the country responded to and — in assessment of the report — effectively defeated the sanctions campaign mounted against it points to several lessons about the design and implementation of sanctions.

https://www.energypolicy.columbia.edu/research/report/qatari-sanctions-episode

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On 2 November, a blog post from Corker Bining says that the most significant decision a suspect must take when they are arrested, or when they attend an interview under caution voluntarily – do they provide the police with their version of events at the interview, or exercise their right to silence?  Whilst determining what advice to give on this issue has always been a matter of judgment, the principles governing the exercise of that judgment have been thrown into confusion by a recent decision of the UK Court of Appeal.  If one says nothing, a judge can invite a jury to draw adverse inferences against a defendant if they rely on facts in their defence at trial which they failed to mention when being questioned. This means that a jury is entitled to conclude that the true reason the defendant failed to answer questions in interview is that they had no answer to give – but the article stresses that it does not have to, but that it may draw inferences.  The situation is seemingly been thrown into confusion by a case where, in December 2014, the defendant was accused of conspiracy to commit fraud by false representation between 2011 and 2013 in a case related to his solar panel business.  The blog says that the decision has upset the previously unambiguous position that the prosecution case must be sufficiently strong to call for an answer before adverse inferences can be drawn from a suspect’s silence.  It says that defence lawyers will struggle, if this case is followed, to confidently advise their clients that, where disclosure in complex crime investigations is sparse or incoherent, a no comment interview is likely to be consequence-free at any future trial.

https://www.corkerbinning.com/adverse-inferences-court-of-appeal-decision-r-v-black/

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On 2 November, a news release from Moneyval says that its mutual evaluation report has urged the Georgian authorities to strengthen the practical application of their measures to combat money laundering and financing of terrorism. The report says the Georgia needs to improve the understanding of risks in the following areas: use of cash in the economy; the real estate sector; trade-based money laundering and terrorism financing (including in free industrial zones of Georgia); the activities of legal persons; and the use of non-profit organisations (NPO).  The report also notes that there are important limitations in place on the financial intelligence that can be obtained upon request from the Financial Monitoring Service by law enforcement authorities, when investigating ML, and associated predicate offences.

https://www.coe.int/en/web/portal/-/anti-money-laundering-georgia-should-step-up-using-financial-intelligence

https://search.coe.int/directorate_of_communications/Pages/result_details.aspx?ObjectId=0900001680a029a2

https://rm.coe.int/moneyval-2020-20-5th-round-mer-georgia/1680a03271

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On 31 October, Yonhap News reported a sign of possible arms deals between North Korea and the al-Shabab Islamic extremist group.  The al-Qaida-linked group carried out 6 separate mortar attacks on the international airport in Mogadishu between February and May.  One of the attacks involved 4 x 60mm mortar rounds, one unexploded example has characteristics consistent with a 60mm HE type 63 mortar round, manufactured in DPRK. 

https://en.yna.co.kr/view/AEN20201031001300320

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On 26 October, an article from Travers Smith was concerned with the rules from 1 January and the new guidance issued by UK authorities on 16 October.  It says that, prior to 1 January, the export of these items from the UK to the EU remains broadly unfettered, save for a small number of the most high-risk items subject to individual controls at a state level.  This situation is replaced from 1 January by a new regime which includes new a new Open General Export Licence (OGEL) which relates to the export of systems, equipment and components, test inspection and production equipment, materials, software and technology, and covers all areas of production.  While advising all exporters to review their own situation, the article says that, whilst it is not anticipated this change of rules will have a significant impact on seasoned exporters, it does mean that many new businesses will require an OGEL. 

https://www.traverssmith.com/knowledge/knowledge-container/exporting-dual-use-items-to-eu-member-states-from-the-uk-the-new-rules/

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A Notice from HM Treasury on 2 November advised that 4 entries on the Consolidated List in respect of Burundi have been amended.  The Isle of Man advised the same the same day.

Click to access Notice_Burundi_2020_1578.pdf

https://www.gov.im/news/2020/nov/02/financial-sanctions-burundi/

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On 13 October, an article in ENACT Africa says that Kenya and Tanzania must put in place national, and together lead regional, interventions to curb the illegalities in the legal donkey trade.  With donkeys in Kenya being slaughtered at a rate 5 times higher than they’re being bred, it’s projected that there will be none left in the country by 2023. It explains that donkey skins contain gelatin – ejiao – used in traditional Chinese medicine as a traditional remedy for many illnesses, including the coronavirus, and in the cosmetics industry in other Asian countries.

https://enactafrica.org/enact-observer/donkey-rustling-in-the-east-and-horn-of-africa

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