On 1 February, Wilmer Hale published a report saying that, as was true in many areas of the law, FCPA enforcement in 2020 – and anti-corruption enforcement more generally – was affected by the COVID-19 pandemic, but perhaps not as much as was initially expected. Although the number of DoJ and SEC enforcement actions was down in 2020 compared to recent years, they both remained active in enforcing the FCPA, bringing major cases that set new records and issuing new updates to longstanding FCPA guidance. 

https://www.jdsupra.com/legalnews/global-anti-bribery-year-in-review-2020-4631196/

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On 1 February, Notices from HM Treasury advised that –

• the entry for Viktor YANUKOVYCH had been amended;
• 5 entries listed under Syrian sanctions have been amended;
• 5 entries listed under Yemen sanctions have been amended;
• the entry for Abdullah AL-SENUSSI under Libyan sanctions has been amended;
• the entry for STEP STANDART TEKNIK PARCA SAN VE TIC A.S. under Iran sanctions has been amended
• the entry for Alexander Yevgeniyevich MISHKIN under the chemical weapons sanctions has been amended;
• 9 entries subject to the Central African Republic sanctions have been amended;
• 140 entries listed under Afghanistan sanctions have been amended; and
• 4 new names added to Zimbabwe sanctions lists

ISLE OF MAN: 4 NAMES ADDED TO ZIMBABWE SANCTIONS

On 1 February, the Isle of Man advised that Owen NCUBE, Anselem Nhamo SANYATWE, Godwin MATANGA and Isaac MOYO have been added to the list of those affected by sanctions.  These are security officials, including State Security minister Owen Ncube.

https://www.gov.im/news/2021/feb/01/financial-sanctions-zimbabwe/

https://263chat.com/just-in-uk-imposes-sanctions-on-zimbabwe-security-chiefs/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957467/Notice_Russia_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957463/Notice_Yemen_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957459/Notice_Libya_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957461/Notice_Syria_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957455/Notice_Iran__Nuclear__010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957453/Notice_Chemical_Weapons_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957501/Notice_Central_African_Republic_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957423/Notice_Afghanistan_010221.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957465/Notice_Zimbabwe_010221.pdf

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On 31 December, HM Treasury published a Notice notifying changes made to UK sanctions regimes following the end of the Brexit transition period on 31 December.  The changes included 113 names (109 individuals and 4 entities) no longer subject to an asset freeze (and listed in the Notice), the addition of 11 new aliases of existing entries, and other assorted changes.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/949055/Notice_Consolidated_List_Changes__31_December_2020.pdf

The current UK Sanctions List, including 3 new Zimbabwe sanctions entries added on 1 February, is available at –

https://www.gov.uk/government/publications/the-uk-sanctions-list#history

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On 1 February, Sarawak Reports carried an article saying that it and OCCRP have examined how, at the height of the 1MDB scandal, the Malaysian fraudster Jho Low utilised a network of services accessed through a company which describes itself as the “The Global Leader in Residence and Citizenship Planning” to continue to move himself and his money around the world.  Henley & Partners Holdings Limited is based in the Channel Islands and operates a web of mainly offshore companies.  The group has repeatedly denied it ever signed up Jho Low as a client or received ‘direct payment’ from him.  However, extensive evidence reviewed in the investigation, and ultimately admitted to by the company, shows that the firm nonetheless referred the wealthy Malaysian fugitive to an established network of close business partners in return for at least 75% of the massive fees paid by Jho Low to obtain one such citizenship.

https://www.sarawakreport.org/2021/02/jersey-registered-citizenship-firm-aided-jho-lows-fugitive-life-for-massive-payments-special-investigation/

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On 1 February, the EU Commission launched a public consultation on the taxation of cross-border alcohol and tobacco purchases in the EU.  The consultation aims to ensure that all relevant stakeholders have an opportunity to express their views on the current rules and how they might work in the future.  It includes questions on the effects of the current system, along with possible changes. The consultation remains open until 23 April.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12650-Alcohol-tobacco-bought-abroad-review-of-tax-rules/public-consultation

Meanwhile –

UK: PASSENGER PURCHASES OF ALCOHOL AND TOBACCO

On 1 February, the House of Commons published a Research Paper.  In the 2020 Budget the UK Government launched a consultation on the “potential approach to duty- and tax-free goods policy after the transition period following the UK’s departure from the EU”.  Following this, in September 2020 the Government announced a series of reforms to these rules, to apply from 1 January with the end of the transition period and the UK’s exit from the Single Market.

https://commonslibrary.parliament.uk/research-briefings/sn01223/

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On 1 February, the EU advised that new rules restricting access to explosive precursors start applying throughout the EU.  The rules contain stronger safeguards and controls on the sale and marketing of dangerous chemicals, which have been misused to produce homemade explosives in a number of terrorist attacks in Europe.  Under the new rules, suspicious transactions – whether online or offline – should be reported, including by online marketplaces.  Sellers have to verify their customers’ identity and their need for buying a restricted substance.  Before issuing a licence for buying restricted substances, Member States need to carry out security screening, including a criminal background check.  The new rules also restrict 2 additional chemicals: sulphuric acid and ammonium nitrate.  The new EU Regulation strengthens and updates existing rules on explosive precursors, and contributes to denying terrorists the means to act.

https://ec.europa.eu/commission/presscorner/detail/en/MEX_21_345

The new rules are in the Regulation at –

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019R1148

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On 1 February, a news release from Europol advised that, as long as travel restrictions remain in place due to the pandemic, it is very likely that criminals will seize the opportunity of producing and selling fake COVID-19 test certificates, warns a Europol Early Warning Notification.  Several cases have already emerged of fraudulent COVID-19 test certificates being sold to travellers.

https://www.europol.europa.eu/newsroom/news/europol-warning-illicit-sale-of-false-negative-covid-19-test-certificates

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On 1 February, Interfax Ukraine reported that a Chinese shareholder in Ukraine aero-engine maker Motor Sich PJSC, has said that it considers the sanctions imposed by Ukraine against it and related persons for 3 years to be unreasonable and calls them the main goal of preventing investments in Motor Sich.  Skyrizon Aviation Industry Investment Company is also on the US Military End-User (MEU) List and subject to US export controls.  On 29 January, it was reported that Ukraine had imposed sanctions on the Chinese aviation company, which had sought to acquire control of Motor Sich.

https://en.interfax.com.ua/news/investments/720373.html

Meanwhile –

UKRAINIAN SECURITY SERVICE RAIDS AERONAUTICS COMPANY’S BOARD MEETING

On 31 January, Rferl reported that Ukraine’s state security service (SBU) is investigating a shareholder meeting of Motor Sich, the maker of jet engines for the defence industry, after the government had imposed sanctions against Chinese investors seeking to purchase a stake in the company.  Law enforcement raided Motor Sich as a board meeting was scheduled.  The US had been pressuring Ukraine to block the sale of the defence company to companies in China.

https://www.rferl.org/a/ukraine-raids-motor-sich-board-meeting-chinese-investors-sanctions/31078973.html

 

 

 

I would be grateful for any modest contribution for my time and ongoing costs of computer, relocation, and (still ongoing) removal costs, I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y