UN REMOVES 1 INDIVIDUAL AND 11 ENTITIES FROM IRAQ SANCTIONS LISTS

A news release from the UN on 1 December advised that the relevant Sanctions Committee had approved the removal of the the individual and entities from its List of Individuals and Entities subject to the assets freeze under UN SCR 1483.

https://www.un.org/press/en/2020/sc14368.doc.htm

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EXTRATERRITORIAL SANCTIONS ON TRADE AND INVESTMENTS AND EUROPEAN RESPONSES

A study for the European Parliament in November says that recent US measures directed against Iran, Cuba and Russia (Nord Stream 2) have become indirectly a critical challenge for the EU as well. As they purport to deter economic actors under EU jurisdiction from engaging with target countries, they have an important extraterritorial dimension, which affects EU business and individuals and ultimately the sovereignty of the EU and its Member States.  A review of the existing sanction regimes and of the geopolitical context reveals that other international players and China in particular may follow suit in using such measures.  The study shows that extraterritorial sanctions have important economic implications, particularly for the EU and its vulnerabilities.  Extraterritorial sanctions also raise critical questions as to their legality under general international law, WTO law and other specific international rules.  The EU is especially affected by these measures and has taken some measures already in response. These could be improved and additional measures could be taken, as the policy recommendations set out in the study provide.

https://www.europarl.europa.eu/RegData/etudes/STUD/2020/653618/EXPO_STU(2020)653618_EN.pdf

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UK AMENDS 4 ENTRIES ON SUDAN SANCTIONS LIST ISLE OF MAN FOLLOWS SUIT

On 1 December, a Notice from HM Treasury advised that 4 current entries on its Consolidated List in connection with Sudan sanctions had been amended.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/940219/Notice_Sudan_Corrections.pdf

https://www.gov.im/news/2020/dec/01/financial-sanctions-sudan/

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OFAC: 4 INDIVIDUALS AND 4 ENTITIES ADDED TO SDN LIST, WITH A FURTHER 2 AMENDMENTS

On 1 December, OFAC advised that the names are of those said to be materially assisting the international narcotics trafficking activities of the Clan del Golfo.  3 of his family members and associates are also being designated along with 4 businesses they own or control. 

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201201

https://home.treasury.gov/news/press-releases/sm1197

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OFSI: GET READY FOR THE END OF THE BREXIT TRANSITION PERIOD

A blog post from the UK Office of Financial Sanctions Implementation on 1 December sets out to explains what you need to know about these changes, what OFSI has already implemented, and what you need to do now. 

https://ofsi.blog.gov.uk/2020/12/01/get-ready-for-the-end-of-the-transition-period/

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AUSTRALIA: CHILDCARE CENTRE “USED FAKE CHILDREN TO DEFRAUD MILLIONS”

On 27 November, The Age reported that it is alleged that a childcare centre enrolled “phantom children” to defraud millions of dollars in subsidies from the federal government to fund the owner’s lavish lifestyle of property purchases and overseas holidays.  Ola Ouda, 42, is the alleged leader of a syndicate which claimed $15 million in taxpayer funds, including more than $13 million in day care subsidies and more than $2 million in COVID-19 payments.  She as one of 5 people arrested and charged with fraud offences. 

https://www.theage.com.au/national/victoria/childcare-centre-used-fake-children-to-defraud-millions-police-say-20201127-p56iki.html

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EU: TRANSNATIONAL ACCESS TO ELECTRONIC EVIDENCE FOR CRIMINAL CASES

On 1 December, a news release from Europol advised publication of the 2nd annual edition of the SIRIUS EU Digital Evidence Situation Report which outlines the status of EU authorities in retrieving electronic data held by foreign-based online service providers (OSP) in 2019.  It says that cross-border access to digital information is paramount to an ever-increasing number of investigations, ranging from economic crimes and drug trafficking to terrorism, cybercrime and child sexual exploitation.  In one case mentioned in the report, law enforcement officers were able to find an abducted child after requesting GPS data from a social media platform.  The report encompasses extensive information gathered from over 325 surveyed officials of EU Member States’ law enforcement and judicial authorities, together with relevant input coming from a dozen major OSPs and reference to national legislation.  The volume of cross-border requests submitted by EU authorities to OSP increased significantly in 2019 with a large majority of them issued by Germany (37.7% of requests), France (17.9%) and the UK (16.4%).  The news release says that in the last 2 years, EU authorities have observed an increase in the relevance of online gaming platforms in criminal cases.

https://www.europol.europa.eu/publications-documents/sirius-eu-digital-evidence-situation-report-2nd-annual-report

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UK REPORT: BARRIERS TO POLICING FINANCIAL CRIME

On 1 December, Professional Security Magazine reported research from the Institute of Criminal Justice Studies at the University of Portsmouth. The ICJS asked why results of financial crime investigations vary so widely, especially when the fraud is the number 1 volume crime in the UK.  It found that most police detectives in England and Wales investigating financial crime do not have enough knowledge to build a case. It found that only 40% of investigators understood the process by which fraud is reported.  A third of those questioned said they had not received proper training in how to investigate financial crime.  There was also a poor perception of fraud and the impact on victims amongst those questioned.  It also found that, in many cases, investigators had a negative view of their work, and did not have the time, training or determination, researchers found.  Financial crime is perceived to be notoriously challenging to investigate. Investigations into less prolific, but higher profile and headline grabbing crimes are known to get better results.

https://www.professionalsecurity.co.uk/news/case-studies/barriers-to-policing-financial-crime/

The report is at –

https://academic.oup.com/policing/advance-article-abstract/doi/10.1093/police/paaa081/5998981?redirectedFrom=fulltext

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INVESTMENT FIRMS REPORT A QUADRUPLING OF CASES OF FRAUDSTERS ‘CLONING’ THEIR WEBSITES

On 1 December, the Daily Mail reported that top investment firms warn cases of sophisticated fraudsters ‘cloning’ their legitimate operations and products to steal people’s cash have soared in the past few months.  Fraudsters are using bogus websites, forged documents, fake adverts on social media and search engines, and the names and near-identical email addresses of people working in the finance industry to impersonate real companies, according to the Investment Association.

https://www.dailymail.co.uk/money/investing/article-9002193/Financial-clone-scams-spot-dodgy-products.html

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FRANCE MAKES U-TURN ON CORPORATE SUCCESSOR CRIMINAL LIABILITY

On 27 November, Deveboise & Plimpton published an article saying that the French Court of Cassation issued a landmark decision whereby public limited liability companies may now be held criminally liable for the prior criminal conduct of the companies they acquire through mergers.  The decision ruling covers so-called “merger by acquisitions”.  The article says that corporations contemplating “merger by acquisition” deals should now factor this additional risk of criminal sanctions when performing their due diligence and negotiating disclosure and warranties clauses.

https://www.debevoise.com/insights/publications/2020/11/france-makes-u-turn-on-corporate-successor

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