OFAC ADDS 2 INDIVIDUALS AND 1 ENTITY TO SANCTIONS LIST IN CONNECTION WITH VENEZUELA

On 18 December, OFAC advised that EX-CLE SOLUCIONES BIOMETRICAS CA of Venezuela, and 2 individuals (1 Venezuelan and 1 Argentinian) linked to the company have been added to the SDN List.  The company is designated for materially supporting the illegitimate President of Venezuela Nicolas Maduro Moros, including by providing goods and services that the Maduro regime used to carry out the fraudulent December 2020 parliamentary elections. 

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201218_33

https://home.treasury.gov/news/press-releases/sm1215

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AUDIT OF THE FBI STRATEGY AND EFFORTS TO DISRUPT ILLEGAL DARK WEB ACTIVITIES

On 17 December, the US DoJ Office of the Inspector General has published a redacted public version of the audit report.  It found that the FBI does not maintain an FBI-wide dark web strategy. Instead, the FBI relies on its operational units to execute individual dark web investigative strategies.  The report contains 5 recommendations to assist the FBI in improving its investigative and planning efforts related to the dark web.

https://oig.justice.gov/sites/default/files/reports/21-014.pdf

 

 

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ISLE OF MAN: AML/CFT GUIDANCE FOR PRIVATE TRUST COMPANIES AND FORTHCOMING UPDATES TO GUIDANCE AND THE AML HANDBOOK

A news release from the FSA on 18 December advised that it had published guidance relevant to private trust companies and the TCSP entities which provide services to them.  It also says that it will issue updates to other sector guidance over the coming weeks.  Meanwhile, work to update the AML/CFT Handbook to reflect the amendments brought in by the 2019 Code is continuing and the FSA aims to publish the re-drafted Handbook by the end of Q1 2021.

https://www.iomfsa.im/fsa-news/2020/dec/amlcft-guidance-issued-for-private-trust-companies-and-forthcoming-updates-to-guidance-and-the-aml-handbook/

The new guidance is at –

https://www.iomfsa.im/media/2769/ptc-guidance.pdf

 

 

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DISCLOSURE OR DISCOVERY AND EVALUATION OF EVIDENCE PRODUCED BY COMPUTERS IN LEGAL PROCEEDINGS

The Digital Evidence and Electronic Signatures Law Review from the School of Advanced Study at the University of London has published an paper containing recommendations for the probity of computer evidence.  It argues that the present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem, it says, is the evidential presumption that computers are reliable.  This presumption is not warranted and, to this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial.

https://journals.sas.ac.uk/deeslr/article/view/5240/5083

 

 

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UK AMENDS ENTRIES ON MANY SANCTIONS LISTS, INCLUDING ADDING 36 TO BELARUS LISTS

On 18 December, Notices from HM Treasury advised that –

  1. the entry for Paul Malong AWAN has been amended following changes made by both the UN and EU;
  2. 4 entries on the Somalia sanctions list had been amended;
  3. 7 entries on the Iraq sanctions list had been amended;
  4. 20 entries on the Iran nuclear proliferation sanctions list had been amended;
  5. 12 entries on the North Korea sanctions list had been amended;
  6. the entry for Thomas LUBANGA on the DRC sanctions list has been amended;
  7. 36 entries had been added to the Belarus sanctions list;

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/818749/Notice_South_Sudan_2019_1208.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946142/Notice_Somalia_Corrections.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946138/Notice_Iraq_Corrections.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946130/Notice_Iran_NP_Corrections.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946123/Notice_North_Korea_Corrections.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946118/Notice_DRC_2020_2133.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946111/Notice_Belarus_2020_2129.pdf

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EU UPDATES 1 ENTRY ON DEMOCRATIC REPUBLIC OF CONGO SANCTIONS LIST

EU Regulation 2020/2133/EU updated the entry for Thomas LUBANGA, following changes made by the relevant UN Sanctions Committee in November.

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UK SANCTIONS – “BRIDGING DOCUMENT” FOR SANCTIONS SCREENING AT END OF BREXIT TRANSITION PERIOD

On 18 December, the Office of Financial Sanctions Implementation advised that a Bridging Document will be published to assist users with processing the changes to the Consolidated List. 

This Bridging Document is designed to facilitate sanctions screening as a result of the changes to the Consolidated List that will be required at the end of the Brexit transition period on 31 December.  On 31 December, the Foreign, Commonwealth and Development Office will update the UK Sanctions List on GOV.UK.  This List includes details of those designated under regulations made under the Sanctions and Anti-Money Laundering Act 2018.   Following the publication of the UK Sanctions List, listing data on the Consolidated List will also be updated.   

https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets/bridging-document

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BELARUS: EU ADDS 29 INDIVIDUALS AND 7 ENTITIES TO SANCTIONS LISTS

EU Regulation 2020/2129/EU of 17 December added a number of names to its sanctions lists in response to the brutality of the Belarusian authorities and in support of the democratic rights of the Belarusian people.  Restrictive measures involved include a travel ban and an asset freeze. The travel ban impedes those listed from entering or transiting through EU territories, while the asset freeze is used against the funds or economic resources of the listed persons. In addition, EU citizens and companies are forbidden from making funds available to the listed individuals and entities.

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