TAKING THE PROFIT OUT OF INTELLECTUAL PROPERTY CRIME

RUSI has published this Paper which explores how criminals make money from piracy and provides recommendations for how the UKGgovernment, law enforcement and private sector stakeholders can decrease the profitability of doing so. Its recommendations are addressed to UK audiences, but almost all of them are internationally applicable. This is particularly true of those aimed at rights-holders, the financial sector and online service providers working across multiple geographies.  It concludes that whole-of-system financial disruption efforts are needed to tackle piracy. Although the UK has made significant progress in championing a ‘follow the money’ approach to IP crime, more needs to be done. It also says that beyond the financial sector, pirates’ reliance on legitimate online service providers to run and monetise their operations gives rise to several vulnerabilities in their criminal business models.  Currently, however, law enforcement and civil action is often undermined because these services do not verify their customers. New ‘know your business customer’ (KYBC) rules are needed to ensure these providers record and verify the identity of their business customers, denying service to rogue actors and providing law enforcement with crucial information when abuse occurs. Including these providers in a public–private partnership will enable them to be more proactive in vetting their customers.  The Paper makes 16 recommendations across 5 areas.

https://rusi.org/sites/default/files/whr_ip_crime_web_version.pdf

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US REVOKES SANCTIONS WAIVER FOR ISRAELI MINING MAGNATE DAN GERTLER

On 8 March, the Jerusalem Post reported that the US had revoked a sanctions waiver for Israeli mining magnate Dan Gertler that was issued in the last days of the Trump Administration, saying that the waiver was inconsistent with America’s strong foreign policy interests in combating corruption around the world.

https://www.jpost.com/breaking-news/us-revokes-sanctions-waiver-for-israeli-mining-magnate-gertler-661376

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EGMONT GROUP OF FIU: STATEMENT ON ALLEGATIONS OF FIU MISUSING THEIR POWERS

A statement from the Chair of the Egmont Group said that it has been informed of FIU allegedly misusing the powers conferred to them under their national AML/CFT frameworks.  These deeply concerning allegations pertain to FIU limiting or coercing civil society actors for their work and critiques of current governments in their jurisdictions. It is said that the Egmont Group considers any misuse of FIU powers for purposes other than those mentioned as contrary to international AML/CFT standards and the organisation’s spirit.  It also erodes the critical role FIU play as an interface between the private sector and law enforcement authorities.     

https://egmontgroup.org/en/content/egmont-group-chair’s-statement

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AFTER BREXIT: VISITING, WORKING, AND LIVING IN THE EU

On 8 March, the House of Commons Library in the UK published a research paper which reminded one that British citizens’ EU citizenship and free movement rights ended when the Brexit transition period expired on 31 December.  Those rights had enabled them to travel to, live, work or study in an EU Member State without needing a visa.  They (and their family members) had been able to claim a right to reside in the host Member State as a jobseeker, worker, student, self-employed or self-sufficient person or a family member, under the terms set by EU free movement laws.

https://commonslibrary.parliament.uk/research-briefings/cbp-9157/

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UK AND ISLE OF MAN CONFIRM ADAM SHAREIF REMOVED FROM SUDAN SANCTIONS LIST

A news release on 8 March confirmed that Adam SHAREIF had been removed from sanctions lists.  At the same time, a Notice from HM Treasury confirmed the removal from UK lists.

https://www.gov.im/news/2021/mar/08/financial-sanctions-sudan/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/967280/Notice_Sudan_080321.pdf

MALTA’S FORMER GAMING AUTHORITY CEO CHARGED

On 8 March, Lovin Malta reported that Malta’s former gaming authority CEO Heathcliff Farrugia has been charged over alleged trading in influence with Yorgen Fenech, the main suspect in the assassination of journalist Daphne Caruana Galizia.  He was charged in January, having resigned in October.

https://lovinmalta.com/news/maltas-former-gaming-authority-ceo-charge-over-yorgen-fenech-trading-in-influence/

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CMS GUIDE TO ANTI-BRIBERY AND CORRUPTION LAWS

On 3 March, CMS Cameron McKenna Nabarro Olswang LLP published a new edition of this Guide.  It includes full coverage of the BRIC nations, as well as Asia (China, Singapore, Thailand, Malaysia and Indonesia), the Middle East (the UAE, Saudi Arabia and Oman), South America (Brazil, Mexico, Chile and Columbia) and increased coverage in Africa (Kenya, Nigeria and South Africa).  It says that more countries are introducing corporate liability for bribery offences, and there has also been a trend of increasing the level of maximum penalties available for bribery offences.  The majority of countries provide for private sector bribery offences, with only 6 having offences that only apply to bribing public sector officials. Almost all countries recognise the concept of corporate liability for bribery (with the exception of Oman, where only individuals can be prosecuted), albeit that in 6 jurisdictions only civil or administrative penalties can be applied to corporates (Brazil, Bulgaria, Colombia, Germany, Hungary and Mexico).  8 countries (Australia, Chile, India, Italy, Kenya, Malaysia, Switzerland and the UK) now provide for a specific corporate offence whereby a corporate will be criminally liable for failure to prevent representatives committing bribery on its behalf.

https://s3.amazonaws.com/documents.lexology.com/2278fd1c-124b-486a-86d5-1b25b9d9281c.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1615213471&Signature=wfCGK%2FbQ4i%2Byiiy5%2FAgsTLtPYVA%3D

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