January 14, 2021 – raytodd.blog

OFAC SETTLEMENT WITH INDONESIAN PAPER MANUFACTURER OVER THE SUPPLY OF CIGARETTE PAPER TO NORTH KOREA

On 14 January, OFAC advised of a settlement with PT Bukit Muria Jaya (BMJ), a paper products manufacturer located in Indonesia, which has agreed to pay $1,016,000 to settle its potential civil liability for 28 apparent violations that arose from its exportation of cigarette paper to the Democratic People’s Republic of Korea (DPRK) 2016-18. It exported cigarette paper to entities located in or doing business on behalf of the DPRK, including to an intermediary in China that procured cigarette paper from BMJ on behalf of OFAC-designated Korea Daesong General Trading Corporation while Daesong was operating under an alias. It is said that after learning of its exposure to US sanctions laws and regulations, BMJ represented that it ceased all dealings involving the DPRK and adopted a formal written sanctions policy and compliance procedures.

https://home.treasury.gov/system/files/126/20210114_BMJ.pdf

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OFAC: 2 NAMES ADDED TO TERRORISM SANCTIONS LISTS AND ENTRIES FOR 3 ENTRIES AMENDED

On 14 January, OFAC advised that 2 new names had been added to its sanctions lists, with amendments also made to 3 existing entries.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20210114

3 VICTIMS OF TRAFFICKING AND MODERN SLAVERY TO SUE BIFFA WASTE MANAGEMENT COMPANY

On 14 January, the Guardian reported that 3 victims of trafficking and modern slavery who were subcontracted to sort rubbish for the national waste and recycling company, Biffa Waste Services, are to launch legal proceedings to sue it for damages. The claimants, who spoke no English, were trafficked from Poland to the UK in 2014 and 2015 and were placed in work with Biffa, sorting rubbish on a conveyor belt, via an employment agency. Although they were paid for their work by the company, their wages were transferred into bank accounts that the organised crime group had opened in their names, and which they were unable to access. Solicitors acting for the 2 men and 1 woman said they received about £5 a week in cash for their work.

https://www.theguardian.com/law/2021/jan/14/three-victims-of-trafficking-and-modern-slavery-to-sue-biffa

US: ALL COTTON AND TOMATO PRODUCTS FROM CHINESE REGION SUBJECT TO NEW IMPORT DETENTION ORDER

On 14 January, Sandler Travis Rosenberg reported that US Customs and Border Protection has announced a new withhold release order that requires the detention at all US ports of entry of all cotton products and all tomato products grown or produced by entities operating in China’s Xinjiang Uyghur Autonomous Region. These products include apparel, textiles, tomato seeds, canned tomatoes, tomato sauce, and other goods made with cotton and tomatoes.

https://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/january/all-cotton-and-tomato-products-from-chinese-region-subject-to-new-import-detention-order

CBP Issues Withhold Release Order on Cotton and Tomato Products Produced in Xinjiang

US: HUMAN TRAFFICKING AND HEALTH CARE PROVIDERS – LEGAL REQUIREMENTS FOR REPORTING AND EDUCATION

On 14 January, Jones Day reported the publication of a guide to help health care providers navigate the complex roadmap of their reporting and education obligations. It is said that with the increased role of telehealth and multistate practitioners, the need for this type of resource is growing. It covers, for the federal government and each of the 50 US states, a summary of the applicable laws on the following topics: reporting of child abuse; reporting of sex and/or labour trafficking; and required regulation of anti-trafficking education of health care provider.

https://www.jdsupra.com/legalnews/human-trafficking-and-health-care-6852862/

GUIDANCE DOCUMENT FOR THE UK’S EQUIVALENCE FRAMEWORK FOR FINANCIAL SERVICES

On 14 January, HM Treasury published a guidance document which outlines the principles and processes which govern the UK’s equivalence framework for financial services. It is said to outline the principles and processes which govern the UK’s equivalence framework. In particular, the document highlights the UK’s commitment to an outcomes-based model of equivalence, which operates in a transparent manner, providing predictability and stability over time to UK industry, overseas jurisdictions and firms.

https://www.gov.uk/government/publications/guidance-document-for-the-uks-equivalence-framework-for-financial-services

DRC: UNEXPECTED RELEASE OF 2 PRISONERS CHARGED WITH CORRUPTION RAISES EYEBROWS

On 14 January, The Africa Report reported that Modeste Makabuza and Benjamin Wenga were released on 8 January, with no formal reason given. Both men were convicted in June 2020 for embezzlement of public funds and corruption, when Vital Kamerhe, ex-President Félix Tshisekedi’s former chief of staff, was given a 20-year prison sentence. He has not been set free, nor have his co-defendants, Samih Jammal and Muhima Ndole.

https://www.theafricareport.com/58804/drc-unexpected-release-of-two-prisoners-charged-with-corruption-raises-eyebrows

UK: NEW Q&A ON ELECTRONIC SIGNATURES AND VIRTUAL SIGNING PUBLISHED BY THE LAW SOCIETY

On 12 January, Charles Russell Speechlys reported that a working group of the Company Law Committee of the Law Society has published a Q&A on electronic signatures and virtual signings, addressing some of the practicalities arising from complying with execution formalities.

https://blog.charlesrussellspeechlys.com/post/102goin/new-qa-on-electronic-signatures-and-virtual-signing-published-by-the-law-society

https://www.lawsociety.org.uk/topics/business-management/qa-on-how-to-use-electronic-signatures-and-complete-virtual-executions#

AUSTRAC CLAIMED VATICAN WIRED $2.3 BILLION TO AUSTRALIA – TRUE FIGURE WAS $9.5 MILLION

On 14 January, the Sydney Morning Herald reported that AUSTRAC has issued an apology after accidentally telling Parliament that the Vatican transferred $2.3 billion to Australia over 7 years when the actual amount was less than $10 million. The claim had prompted alarm and confusion in the Holy See.

https://www.smh.com.au/world/europe/austrac-claimed-the-vatican-wired-2-3-billion-to-australia-the-true-figure-was-9-5-million-20210113-p56txc.html