Day: March 11, 2021

On 11 March, Loadstar reported that the UN Economic Commission for Europe (UNECE), which administers the TIR system says that eTIR will become a reality on 25 May, opening new applications for the TIR system, in particular in the area of intermodal transport.  The idea is that all customs authorities involved along a given itinerary (including the destination) will be informed in advance, electronically and in seconds, through the dispatch of so-called advance TIR data by a TIR transporter, about an upcoming TIR declaration. It is said that the adoption of the eTIR could provide relief to hauliers operating between the EU and UK, with the IRU arguing that “accredited TIR hauliers in the EU, UK and beyond can use this tried and proven system to easily complete customs procedures”.  A TIR transits involves freight movements under seal and bond, i.e. the lorry must be sealed as well as bearing the carnet. The security payment system is administered by the International Road Transport Union (IRU).  The TIR system not only covers customs transit by road but a combination is possible with other modes of transport (e.g., rail, inland waterway, and even maritime transport), as long as at least one part of the total transport is made by road.

https://theloadstar.com/customs-authorities-should-align-with-digital-tir-set-to-hit-the-road-in-may/

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On 5 March, MLex from Lexis Nexis, reported that Australia has failed to bring lawyers, accountants, real estate agents and trust and company service providers under the country’s AML law despite promising to do so back in 2006.  It says that a review by FATF will likely highlight this gap again if the government fails to act. It reviews the position since 2006 and the “heel dragging”.  It concludes that, given that Australia hasn’t made any changes following FATF’s comments on this issue in 2015, and was ranked non-compliant again on this point by FATF in 2018, it is unclear whether another slap-on-the-wrist warning by FATF will push the Australian government to make any changes.

https://mlexmarketinsight.com/news-hub/editors-picks/area-of-expertise/anti-bribery-and-corruption/australia-is-failing-to-regulate-the-professional-enablers-of-financial-crime

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On 9 March, Reuters reported that Scania paid bribes to win bus contracts in India in 7 different states between 2013 and 2016, according to an investigation by 3 media outlets.  A unit under Volkswagen AG’s commercial vehicle arm, Scania started operations in India in 2007 and established a manufacturing unit in 2011.

https://www.reuters.com/article/scania-cv-corruption/swedens-scania-admits-misconduct-in-india-after-contract-for-bribes-report-idUSL1N2L72QZ

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On 10 March, the EU launched a further public consultation exercise, which closes on 2 June, on new rules on reporting and exchange of information for tax purposes on e-money and crypto assets as well as new rules on penalties and compliance measures for the various reporting obligations under the DAC framework.  The objective of the consultation is to collect data and evidence needed to evaluate the need for new rules on reporting and exchange of information for tax purposes on e-money and crypto assets as well as new rules on penalties and compliance measures for the various reporting obligations under the DAC framework and the potential scope of those provisions.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12632-Strengthening-existing-rules-and-expanding-exchange-of-information-framework-in-the-field-of-taxation-DAC8-/public-consultation

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On 8 March, 5 St Andrews Hill Chambers in the UK published 3 articles.  One discusses extradition and starts by setting out how the European Arrest Warrant (EAW) was implemented in the UK prior to 1 January, before turning to the EU-UK Trade and Cooperation Agreement (TCA) itself and what it means for extradition or ‘surrender’ between EU Member States and the UK. Another provides an analysis of the new provisions in the TCA that govern Mutual Legal Assistance (MLA) in criminal matters.  The third provides an analysis of the changes the TCA brings to the recognition and enforcement of freezing and confiscation orders; and it provides an overview of how this area of law may develop in the future post-Brexit.

https://www.5sah.co.uk/knowledge-hub/articles/2021-03-10/extradition-under-the-euuk-trade-and-cooperation-agreement

https://www.5sah.co.uk/knowledge-hub/articles/2021-03-11/mutual-legal-assistance-under-the-euuk-trade-and-cooperation-agreement

https://www.5sah.co.uk/knowledge-hub/articles/2021-03-08/freezing-and-confiscation-under-the-euuk-trade-and-cooperation-agreement

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On 10 March, OCCRP reported that Alexei Aleksin and Alexander Zaytsev have emerged as 2 of the wealthiest businessmen in Belarus. A report from OCCRP asks what are they doing in Lithuania?  They have managed to obtain Lithuanian residency permits and opened companies there.  The report expresses doubts and concerns about their activities.

https://www.occrp.org/en/investigations/unseen-and-unsanctioned-belarusian-tycoons-slipped-into-the-eu-via-lithuanian-investments

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This new report from the Global Initiative Against Transnational Crime sets out to provide a graphic illustration of how the global illicit economy has boomed in the past 20 years and how it poses a serious threat to security, development and justice.  It focuses on the evolution of five major illicit economies over the past 2 decades: human exploitation, illicit environmental markets, illicit drugs, cybercrime and the illegal trade in licit and counterfeit goods. The report also looks at emerging trends of how organised crime may operate in the future, and concludes with recommendations on how to change the trajectories of crime.

https://globalinitiative.net/wp-content/uploads/2021/02/GITOC-PR-Global-Report.pdf

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