December 30, 2020 – raytodd.blog

AS ILLICIT SHIPPING BECOMES MORE PREVALENT, HOW BANKS CAN BEST RESPOND

In an article dated 31 December, Hellenic Shipping News reported that, in light of advisories issued by OFSI and OFAC, it would seem opportune to identify how big the actual burden is, where the pain-points exist, and how they could be managed. It says that 4 advisories published by OFAC since February 2018 have all concentrated in detail on a few distinct areas as the basis for a sanctions screening program concerning vessels and their movements and owners. OFAC and OFSI Advisories recommend compliance mechanisms that go well beyond the standard screening of owners, operators and vessels against sanctions lists. The new compliance measures include historical and continued analysis of AIS transmission data, AIS-related contract clauses, careful scrutiny of shipping documents, and ‘know your vessel’ checks. It lists expected risk indicators and red flags. It also says that in last 3 months (July-October 2020), the number of tankers, bulkers, general cargo and container ships to have visited sanctioned ports were 2,281 vessel arrivals at Iranian ports; 60 vessels arrived at DPRK ports; and 1,353 arrivals to Venezuela. It says that the extra workload on bank trade finance operations teams regarding maritime screening has come about due to expansion of international sanctions evasion tactics by shipping companies, corporates, and nation-states who are finding new ways of circumventing regulations.

https://www.hellenicshippingnews.com/as-illicit-shipping-becomes-more-prevalent-how-banks-can-best-respond/

If if you would like to make a (polite) gesture and make a (very) modest contribution to my ongoing with my relocation, removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

OFAC SETTLEMENT WITH BigGo DIGITAL ASSETS COMPANY OVER SANCTIONS VIOLATIONS

On 30 December, OFAC announced that it had reached a settlement with the technology company based in Palo Alto, California, that implements security and scalability platforms for digital assets and offers non-custodial secure digital wallet management services over apparent violations involving persons in Crimea, Cuba, Iran, Sudan, or Syria. BitGo has agreed to remit $98,830 to settle its potential civil liability.

https://content.govdelivery.com/accounts/USTREAS/bulletins/2b37bbc

https://home.treasury.gov/system/files/126/20201230_bitgo.pdf

OFAC ADDS 2 NAMES TO VENEZUELA SANCTIONS LIST

On 30 December, OFAC advised that it had designated Venezuelan judge Lorena Carolina Cornielles Ruiz and Venezuelan prosecutor Ramon Antonio Torres Espinoza, the Venezuelan government officials who presided over and prosecuted the November 2020 trial and sentencing of 6 US persons in Venezuela. These 6 persons, known as the “Citgo 6,” are Citgo executives who were imprisoned in Venezuela in November 2017 after being lured to Caracas under false pretences.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20201230

https://home.treasury.gov/news/press-releases/sm1225

THE EXPORTATION OF VENEZUELAN ORGANISED CRIME

On 30 December, an article from Insight Crime said that Venezuelan gangs now rival their Colombian counterparts in numbers and firepower, and are using the devastated country as a springboard for international expansion, even while the coronavirus pandemic rages around them. This, it says, is exemplified by Tren de Aragua (Train of Aragua), Venezuela’s premier “megabanda,” or large criminal network which, it says, now commands a noteworthy and diversified criminal network, using Tocorón as a nerve centre to control members throughout the Venezuelan prison system and a federation of affiliated groups on the outside. Prior to 2020, Tren de Aragua’s presence had already been reported on the Colombian and Brazilian borders, and as far away as Peru. However, it is far from the only Venezuelan gang to have spread its tentacles into neighbouring countries, but serves to shine a light on how a number of prominent Venezuela megabandas are following in its footsteps.

https://www.insightcrime.org/news/analysis/criminal-winner-tren-de-aragua/

US: SUBSTANTIAL CHANGES TO TRADEMARK AND COPYRIGHT LAW TUCKED AWAY IN RECENT STIMULUS PACKAGE

On 30 December, an article from Thompson Coburn LLP says that the huge Consolidated Appropriations Act, 2021 which is largely regarded as a government spending Bill also has potential impact on US intellectual property issues – specifically in the Trademark Modernization Act of 2020 and the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”).

https://www.jdsupra.com/legalnews/substantial-changes-to-trademark-and-96801/

UK: NEW IMPORT LICENCE NOTICES

The Department for International Trade has published the following Notices to importers.

Notice to Importers 2943 is concerned with the UK Open General Import Licence (OGIL) 2020, which comes into force on 1 January, and which is a national trade control measure that allows the import of all goods into the UK, subject to various exceptions contained in prohibitions and controls. In other words, it is the underlying permission for the import of goods for which there is no explicit import prohibition or restriction.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948200/Notice_to_importers_2943_OGIL.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/947611/OGIL_explanatory_memorandum_-_December_2020.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948219/Open_General_Import_Licence_Final_December_2020.pdf

2936	Import and export of cat and dog fur	31 December 2020
2937	Import of tiered-priced medicines	31 December 2020
2938	Import of equipment that could be used for torture	31 December 2020
2940	Applying for Certificates of Free Sales	31 December 2020
2941	Import of anti-personnel mines	31 December 2020
2942	Import firearms and ammunition	31 December 2020

US TREASURY WARNS FINANCIAL INSTITUTIONS ABOUT COVID-19 VACCINE SCAMS

On 30 December, Forbes reported that the US Treasury has warned financial institutions to remain on high alert. FinCEN published a new notice which cautions against 2 major vaccine-related threats: fraud and phishing attacks.

https://www.forbes.com/sites/leemathews/2021/12/30/treasury-department-warns-financial-institutions-about-covid-19-vaccine-scams/

The FinCEN notice is at –

https://www.fincen.gov/sites/default/files/shared/COVID-19%20Vaccine%20Notice%20508.pdf

MALAYSIAN CARTEL ALLEGEDLY SOLD FAKE HALAL MEAT TO MUSLIMS FOR 40 YEARS

On 30 December, the South China Morning Post reported that the group smuggled meat from non-halal certified sources including China, Brazil, Canada and Ukraine; and kangaroo and horse meat were mixed with and sold as halal beef. The case has also prompted a probe in neighbouring Singapore. For more than 40 years, the gang allegedly bribed senior officers from several government agencies to import meat from non-halal certified slaughterhouses including Brazil, Bolivia, Canada, China, Colombia, Mexico, Spain and Ukraine. Malaysia is said to be considering establishing a Royal Commission of Inquiry.

https://www.scmp.com/news/asia/southeast-asia/article/3115837/malaysian-cartel-allegedly-sold-fake-halal-meat-muslims-40

PHILIPPINES: DUTERTE NAMES LAWMAKERS AND DISTRICT ENGINEERS ALLEGEDLY INVOLVED IN PUBLIC WORKS CORRUPTION

On 28 December, ABC-CBN News reported that President Rodrigo Duterte has read the names of current and former lawmakers who allegedly received kickbacks from the government’s public works projects. The list was provided by the Presidential Anti-Corruption Commission (PACC), which started the investigation in November.

https://news.abs-cbn.com/news/12/28/20/duterte-names-lawmakers-district-engineers-allegedly-involved-in-dpwh-corruption