THINGS YOU MAY HAVE MISSED – JUNE 12

Panama Covid-19 update – a notable victim reported today, as the Director General of the Penitentiary System has died due to Covid-19, the Government Ministry said. He was 54 years old. Also, to underline that other things continue to be present although overshadowed by Covid, a programme for school-age children in a part of the city saw vaccines given against the human papillomavirus, influenza, TDAP (tetanus, diphtheria and pertussis), MMR (measles, mumps and rubella).

No TV news report in its usual teatime slot today, as the TV showing the Panama-Curacao football match live…so much for priorities.

Any modest contributions for my time and ongoing expenses are welcomed!  I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y

12 JUNE 2021

RECAST EU DUAL USE REGULATION – A MISSED OPPORTUNITY

On 11 June, Akin Gump published an article saying that on 11 June the EU published EU Regulation 2021/821, which will enter into force on 9 September.  It notes that it omits the more substantive provisions relating to cyber surveillance and human rights, which proved controversial both with EU decision-makers and industry.  Notable changes including 2 new EU General Export Authorisations (UGEA), amended controls on cyber surveillance and technical assistance, and certain broader definitions.  However, the article says that the new Regulation can at best be viewed as a modest update that has arguably skirted around some of the biggest issues and challenges facing the control of sensitive dual use items both now and in the future. 

https://www.jdsupra.com/legalnews/the-recast-dual-use-regulation-a-missed-6356768/

US SANCTIONS FOR CAMEROON ANGLOPHONE CRISIS DESCRIBED AS ‘COSMETIC’

In its 13 June edition, the Crux reported that a Catholic bishop in Cameroon has said that the US State Department’s sanctions on those responsible for undermining the country’s peace process as merely “cosmetic”.  Anglophone protests were violently suppressed by the majority French-speaking central government, leading to a separatist insurgency intent on establishing an independent country called “Ambazonia”.  Bishop George Nkuo of Kumbo has questioned the relevance of the visa restrictions.

https://cruxnow.com/church-in-africa/2021/06/u-s-sanctions-for-cameroon-anglophone-crisis-are-cosmetic-bishop-says/

FRANCE BREAKS UP EEL SMUGGLING RING SERVING ASIA AND HEADING FOR CHINA AND THAILAND

On 12 June, The Star in Malaysia reported that French officials said they had broken up a smuggling operation that shipped millions of baby eels to Asia where they are a prized delicacy that can command up to $5,000 per kg.  The inquiry began in 2017 when customs officers seized nearly 800 kg of the silvery eels near Bordeaux destined for China, as well as 200 kg near Charles de Gaulle airport, headed for Thailand.  Investigators uncovered a network in France and Spain that exported 46 million tons of the eels — considered a threatened species since the early 2000s.

https://www.thestar.com.my/aseanplus/aseanplus-news/2021/06/12/france-breaks-up-eel-smuggling-ring-serving-asia-and-heading-for-china-and-thailand

US: 27 SMUGGLED ART OBJECTS VALUED AT $3.8 MILLION HANDED OVER TO CAMBODIA

On 11 June, the Art Newspaper reported that New York and US federal authorities have returned 27 relics to Cambodia valued at $3.8 million that were stolen by antiquities traffickers, among them important Buddhist and Hindu statues.  Most of the items were seized as a result of an investigation of Subhash Kapoor, a New York-based antiquities dealer – currently in prison in India and indicted in New York in 2019 on smuggling charges – described as one of the world’s most prolific art smugglers, and the New York antiquities dealer Nancy Wiener. Kapoor, who is currently in prison in India, was indicted in New York in 2019 on smuggling charges, and the DA office filed paperwork for his extradition to the US last July.

https://www.theartnewspaper.com/news/new-york-investigators-hand-over-27-smuggled-art-objects-valued-at-usd3-8m-to-cambodia

https://news.artnet.com/art-world/3-8m-looted-antiquities-to-cambodia-1979478

CENTRAL BANK OF THE UAE HAS ISSUED NEW GUIDANCE ON AML/CFT FOR ITS LICENSED FINANCIAL INSTITUTIONS (LFI)

On 12 June, the Emirates News Agency reported that 2 new sets of guidance covered suspicious transaction reporting and legal persons/arrangements. 

https://wam.ae/en/details/1395302942885

https://www.centralbank.ae/en/cbuae-amlcft

https://gulfnews.com/business/banking/central-bank-of-uae-issues-guidances-for-financial-institutions-on-anti-money-laundering-and-combatting-financing-of-terrorism-1.1623484253428

COMPROMISE EU DIRECTIVE ON PUBLIC COUNTRY-BY-COUNTRY REPORTING

On 11 June, an article from Irish law firm Matheson said that, on 4 June, the Council of the EU published the terms of a draft EU Directive on a new public country-by-country reporting regime.   The Directive amends the Accounting Directive 2013/34/EU, represents the compromise position agreed between negotiating teams of the European Parliament and Council on 1 June.  It will require certain multinational enterprises (whether headquartered in the EU or outside) and standalone undertakings with a total consolidated revenue of more than €750 million in each of the last 2 consecutive financial years to publicly disclose certain information in respect of its activities in each EU Member State, as well as in certain third countries.

https://www.matheson.com/insights/detail/compromise-directive-on-public-country-by-country-reporting

MEXICO AUTHORITIES ON ALERT AFTER MILLIONS OF ROUNDS OF AMMUNITION STOLEN

On 11 June, Insight Crime reported that gunmen had hijacked 2 trucks hauling more than 7 million rounds of ammunition in central Mexico, a massive heist that could escalate fighting in one of the country’s most violent areas.  While most of the ammunition was for small firearms, such as .22- and .40-calibre pistols, a significant proportion of the bullets were for high-powered weapons, including AR15 and M16 rifles.

https://insightcrime.org/news/mexico-authorities-on-alert-after-millions-of-rounds-of-ammunition-stolen/

PHILIP MORRIS HAS LAUNCHED A PUBLIC EDUCATION INITIATIVE ENTITLED UNITED TO SAFEGUARD AMERICA FROM ILLEGAL TRADE (USA-IT) TO COMBAT BLACK MARKET TRADE

On 10 June, TJI reported that the campaign will provide local officials, law enforcement, and thought leaders with information and training programs to help tackle illegal trade and raise public awareness of the depth of the problem as well as the severe consequences inflicted on states and municipalities by black market profiteers.

https://www.tobaccojournal.com/PMI_launches_campaign_to_combat_black_market_trade.56444.0.html

US EXPORT CONTROLS NEED TO BE PART OF YOUR PRE-FLIGHT CHECKLIST FOR COMMERCIAL AIRCRAFT TRANSFERS

On 3 June, an article from Clifford Chance says that the US Government has significantly tightened US export control laws and related enforcement efforts.  These measures remain in place with the current Administration and have exacerbated the pre-existing export control risks for global aviation companies and strained compliance systems.

https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2021/06/US-Export-Controls-Need-to-Be-Part-of-Your-Pre-Flight-Checklist-for-Commercial-Aircraft-Transfers.pdf

COUNTERFEIT FOOTBALL SHIRTS SEIZED AHEAD OF THE START OF EURO 2020

On 11 June, Police Professional reported that tens of thousands of pounds worth of counterfeit football shirts have been seized by officers from the City of London Police’s Police Intellectual Property Crime Unit (PIPCU) just ahead of the start of the Euro 2020 football tournament.

https://www.policeprofessional.com/news/counterfeit-football-shirts-seized-ahead-of-the-start-of-euro-2020/

SWITZERLAND: RUSSIAN BUSINESSMAN SUSPECTED OF INSIDER TRADING FACING POSSIBLE EXTRADITION TO THE US

On 9 June, Swissinfo reported that Vladislav Klyushin was arrested on 21 March.  The US embassy has requested his extradition, accusing him of “running insider trading in the tens of millions (of dollars) with several accomplices”.

https://www.swissinfo.ch/eng/kremlin-linked-businessman-held-in-switzerland/46691252

AUSTRALIA: MAN ARRESTED TRYING TO BOARD FLIGHT TO DUBAI OVER $7 MILLION IN CASH FOUND UNDER FLOOR

On 11 June, ABC News reported that a man has been charged after allegedly trying to flee to Dubai, following the police seizure of $7 million found under flooring in Sydney. 

https://www.abc.net.au/news/2021-06-11/man-arrested-over-millions-in-cash-found-under-floor/100208588

NEW YORK REGULATOR WARNS CRYPTOCURRENCY FIRMS: BUILD AML PROGRAMS

On 9 June, ACAMS reported that the New York State Department of Financial Services has warned start-up firms that provide cryptocurrency-related services, including swaps of US dollars for bitcoins, to show they have the full range of AML controls in place if they want to operate in the state.

https://www.moneylaundering.com/news/new-york-imposes-aml-program-requirements-on-cryptocurrency-industry/

GETAX AUSTRALIA FACING BRIBERY CHARGE OVER DECADE-OLD DEALINGS WITH NAURU OFFICIALS

On 10 June, ABC News reported that Australian Federal Police (AFP) have charged an Australian company with bribery over its conduct on the Pacific nation of Nauru a decade ago.  The charge comes after a long-running AFP investigation into allegations Getax bribed Nauruan politicians to further its phosphate export business.

https://www.abc.net.au/news/2021-06-10/nauru-getax-australia-bribery-corruption-charges/100201344

MOLDOVA LAUNCHES NEW ANTI-CORRUPTION BODY

On 10 June, OCCRP reported that a new corruption monitoring body – the new “Anticorruption Independent Consultative Committee” – has been launched, the government arguing that the current anti-corruption institutions move “much slower than the corrupt groups which are stealing from this country”.    Moldova ranks 115th out of the 180 countries in Transparency International’s 2020 Corruption Perception Index. 

https://www.occrp.org/en/daily/14608-moldova-launches-new-anti-corruption-body-says-old-ones-are-slow

4 INCIDENTS OF PIRACY AND ARMED ROBBERY AGAINST SHIPS IN ASIA IN MAY 2021

On 12 June, Hellenic Shipping News reported that during May 2021, 4 incidents of armed robbery against ships were reported in Asia.  No piracy incident was reported. Of the 4 incidents, 3 were actual incidents³ and one was an attempted incident. 

https://www.hellenicshippingnews.com/four-incidents-of-piracy-and-armed-robbery-against-ships-in-asia-in-may-2021/

BIDEN ADMINISTRATION ISSUES 100-DAY SUPPLY CHAIN REPORT TARGETING 4 CRITICAL PRODUCTS

On 11 June, a Client Alert from King & Spalding was concerned with the Biden Administration having published 4 reports consolidated into a single 100-Day Report that also includes a summary of key takeaways for all 4 designated critical supply chains.  This will be followed by 6 additional sector-specific supply chain assessments that are due by 24 February 2022.  The Client Alert focuses on semiconductor manufacturing and advanced packaging.  It is said that the report highlights current shortcomings and potential opportunities in the domestic supply chain.  The report details a critical need for public and private investment in semiconductors and advanced packaging manufacturing.

https://www.kslaw.com/news-and-insights/biden-administration-issues-100-day-supply-chain-report

5 PRACTICES TO PREVENT AND DISRUPT ILLICIT FINANCIAL FLOWS (IFF)

On 2 June, the World Economic Forum published an article containing a framework of 5 practices to unite gatekeepers against illicit financial flows (IFF) –

  • Establish clear, concrete, and up-to-date policies;
  • Promote effective due diligence;
  • Centre a culture of integrity through training and incentives;
  • Foster a “speak-up” culture; and
  • Collaborate across industries and sectors.

The article also mentions a number of organisations that have implemented the practices.

https://www.weforum.org/agenda/2021/06/5-practices-to-prevent-and-disrupt-illicit-financial-flows

HOW ORGANISED CRIME INFILTRATES THE TRANSPORT INDUSTRY

On 9 June, the Global Initiative Against Transnational Organised Crime published a report called “Tow Truck Wars”, a policy brief which focuses on a small but especially vulnerable type of transportation business that has been prone to infiltration by organized crime groups through violence, intimidation and corruption: the vehicle-towing services industry.  It says that, in many parts of the world, the lucrative towing-services business has been targeted by organised crime and this has led to violent confrontations.  It calls for effective information exchange between administrative authorities and law enforcement agencies as a prerequisite for a coordinated response to the criminal infiltration of any segment of the transport industry; and says that a proactive and systematic approach to criminal investigation and intelligence gathering is required to mitigate the effects of the criminal exposure of various aspects of the transportation industry.

https://globalinitiative.net/wp-content/uploads/2021/06/Tow-Truck-Wars-How-organized-crime-infiltrates-the-transport-industry-GITOC.pdf

https://www.visualcapitalist.com/visualizing-earths-global-ice-loss-between-1994-2017/

GERMANY BUYS DUBAI DATA TO TRACK POSSIBLE TAX EVASION

On 12 June, the Cyprus Mail reported that Germany has bought a trove of data that could help treasury officials track down possible tax evasion by wealthy German citizens – with the purchase of a CD containing details of assets in Dubai such as tracts of land and real estate owned by German nationals.

https://cyprus-mail.com/2021/06/12/germany-buys-dubai-data-to-track-possible-tax-evasion/

THE IMPACT OF BREXIT ON EU AND UK FOREIGN AFFAIRS

On 11 June, the EU Institute for Security Studies published a paper “Fog in the Channel” saying that the UK rejection of any institutionalised relationship with the EU in foreign, security and defence policy (FSDP) is arguably the most noteworthy feature of the post-Brexit arrangements.  The UK abandoned pledges to ‘establish structured consultation and regular thematic dialogues [that] could contribute to the attainment of common objectives’, including on the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP).  This gap was intensified by the absence of any reference to foreign affairs in the EU-UK Trade and Cooperation Agreement (TCA) or the UK’s Integrated Review of Security, Defence, Development and Foreign Policy.  The paper offers an innovative thematic analysis focused on 4 ‘Rs’ – reputation, responsibility, resources and relevance.

https://www.iss.europa.eu/sites/default/files/EUISSFiles/Brief_13_2021_web.pdf

DRONES AND HELICOPTERS DEPLOY TO COMBAT PIRACY IN GULF OFF NIGERIA

On 10 June, Bloomberg reported that Nigeria has unveiled $195 million worth of boats, vehicles and aircraft to spearhead the government’s fight against piracy in the Gulf of Guinea and to enable security forces to patrol the waters off the country’s coast more effectively and restore confidence to vessels operating in the area. Nigeria borders on an expanse of the Atlantic Ocean that’s become the most perilous part of the world for sailors, accounting for almost all kidnappings at sea in recent years.  The Gulf of Guinea, which stretches from Senegal to Angola, accounted for 95% of the 135 seafarers kidnapped in 2020 and all 40 crew members that were abducted in the first 3 months of this year.

https://www.bloomberg.com/news/articles/2021-06-10/nigeria-deploys-drones-choppers-to-combat-rampant-sea-piracy

Any modest contributions for my time and ongoing expenses are welcomed!  I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y

OTHER THINGS YOU MAY HAVE MISSED – JUNE 11

Panama Covid-19 update – after missing the statistics yesterday, today shows a continued rise in new cases and hospitalisations. Today there were 916 new cases (841 yesterday) and 7 new fatalities (6 yesterday). There are now 8,827 active cases, with 64 in ICU (down 2 on yesterday) and 402 in other wards (5 more than yesterday).

Incidentally, my wife (despite some qualms – she reads too much social media, I think) volunteered to have the Astra Zeneca vaccination, and had her first jab today, with no side-effects…

Any modest contributions for my time and ongoing expenses are welcomed!  I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y

11 JUNE 2021

LICENCE APPLICATIONS OPEN FOR ISLE OF MAN MEDICINAL CANNABIS EXPORT SECTOR

A news release on 11 June advised that licence applications are open and the accompanying guidance completed, for the production, distribution and export of medicinal cannabis products from the Island.  Regulations have created a comprehensive framework for a medicinal cannabis export sector on the Island and appointed the Gambling Supervision Commission as the regulator for the sector.

https://www.gov.im/news/2021/jun/11/licence-applications-open-for-islands-medicinal-cannabis-export-sector/

US: JUDGE DISMISSES AML CHARGES AGAINST MoneyGram

The Wall Street Journal has reported that a court order concludes a settlement agreement the company entered into in 2012 for failing to prevent mass-marketing and consumer-fraud phishing schemes.  Charges were dismissed after prosecutors said the money-transfer company had complied with the terms of a long-running settlement agreement, and they had asked the court to dismiss a court filing from 2012 that charged the Dallas-based company with aiding and abetting wire fraud and violating the Bank Secrecy Act.

https://www.wsj.com/articles/judge-dismisses-anti-money-laundering-charges-against-moneygram-11623350297

EXPANDING THE TOOLKIT TO TACKLE ORGANISED ENVIRONMENTAL CRIME

The Global Initiative against Transnational Organized Crime has published a report that sets out 4 specific action points that the G7 states could consider as critical elements of a toolkit that would tackle illicit environmental markets more efficiently and curtail the wide-ranging threat that environmental crimes pose worldwide: focus on shrinking the consumer base by tackling online markets; reconsider policy responses at the source by engaging local communities; improve targeted law enforcement within a governance and rule of law agenda; and consider sanctions as a part of the toolkit against high-level impunity.

https://globalinitiative.net/wp-content/uploads/2021/06/Expanding-the-toolkit-to-tackle-organized-environmental-crime-Recommendations-for-the-G7-ministers-GITOC.pdf

UK: AMENDMENT OF EXPORT LICENCES FOR STRATEGICALLY CONTROLLED ITEMS

On 11 June, the Department for International Trade published this Notice saying that HMRC has found that exporters are experiencing delays at UK borders with some shipments of controlled dual-use items that require strategic export authorisation. The delays relate to incorrect licence references on commercial documentation.  It provides advice, lists new Open General Export Licences (OGEL), explains where one can find the new UK Retained General Export Authorisations for the specified exports, and explains what to do if an OGEL does not allow export of your goods.

https://www.gov.uk/government/publications/notice-to-exporters-202107-licences-for-strategically-controlled-items/nte-202107-licences-for-strategically-controlled-items

ATLANTIC ENTRANCE TO PANAMA CANAL AWASH WITH COCAINE

On 10 June, Insight Crime reported that Panama’s northern province of Colón, sitting at the Atlantic entrance to the Panama Canal, is seeing a staggering increase in drug seizures.  In May alone, 22 tons of drugs were intercepted in Colón, taking seizures from January to May 2021 to almost 50 tons – in comparison, Panama seized just under 85 tons of drugs nationally in 2020, mostly cocaine.  The Caribbean route has become more popular for drug traffickers, bringing in increasing amounts from Colombia straight to Panama and onward; Panama’s own gangs are growing in sophistication and capacity with its largest criminal group (Baghdad) has evolved from a network of loosely affiliated gangs hired to move drugs through Panama into a more sophisticated unit; and due to Panama’s ability to dispatch drugs to Europe, European drug groups have moved in.

https://insightcrime.org/news/atlantic-entrance-to-panama-canal-awash-with-cocaine/

ASIA-PACIFIC DRUG TRADE THRIVING AS GANGS MAKE BILLIONS IN PROFITS

On 10 June, VoA reported that Asia’s drug lords have established new manufacturing hubs and maritime trafficking routes to ramp up the supply of methamphetamine across the Asia-Pacific, UNODC said, with the value of the drug trade in the region is estimated between $30.3 billion and $61.4 billion.  Authorities across Asia seized a record of 170 tons of meth last year, up nearly 20% from 2019.  However, as meth labs push out ever-increasing volumes of drugs, the price of the highly addictive ice has plummeted. 

https://www.voanews.com/east-asia-pacific/asia-pacific-drug-trade-thriving-gangs-make-billions-profits-un-says

HIZBOLLAH LEADER NASRALLAH DEFIES LEBANESE STATE AND SAYS HE WILL IMPORT IRANIAN OIL

On 9 June, Arab News reported that Hezbollah leader Hassan Nasrallah has insisted that Lebanon should be “negotiating with Iran to buy gasoline and diesel with the Lebanese currency if Lebanon’s shortages persist”. 

https://www.arabnews.com/node/1873691/middle-east

GUERNSEY’S COMPANIES LAW

Mourant has published an updated guide to the Companies (Guernsey) Law, 2008 as amended, which modernised Guernsey’s companies regime, and consolidated all company legislation, including relating to cell companies, financial assistance, share buybacks, amalgamations and migrations, into one place.  The Companies Law is intended to be flexible to ensure that Guernsey companies remain appealing when compared to their offshore competitors.

https://www.mourant.com/file-library/media—2021/guernsey-s-companies-law.pdf

SPAIN NOT SEEKING EXTRADITION OF SOUTH KOREANS INVOLVED IN DPRK EMBASSY BREAK-IN

On 11 June, NK News reported that Spanish authorities have not sought the extradition of any South Korean nationals involved in the 2019 raid of the North Korean Embassy in Madrid – despite ongoing efforts to extradite several US nationals involved in the case. 

https://www.nknews.org/2021/06/spain-not-seeking-extradition-of-south-koreans-involved-in-dprk-embassy-break-in/

CHIEF MATE GETS 7 YEARS IN JAIL FOR SMUGGLING $1.3 BILLION WORTH OF COCAINE ON MSC CARGO SHIP

On 11 June, Splash 247 reported that the chief mate of a container ship detained in Philadelphia in 2019 with a record haul of cocaine worth $1.3 billion aboard has been sentenced to 7 years in US prison.  He was promised $1 million to lead the smuggling effort and was responsible for recruiting some of the 7 crew members who have also been found guilty of taking part in the operation.  He was recruited in the Balkans to oversee the smuggling operation, like some of the other crewmembers 

https://splash247.com/chief-mate-gets-seven-years-in-jail-for-smuggling-1-3bn-worth-of-cocaine-on-msc-ship/

AIR INDIA FIRES CABIN CREW FOR ATTEMPED GOLD SMUGGLING

On 11 June, Simple Flying reported that an Air India crew member was fired this week for attempting to smuggle 2 gold bars from London Heathrow on 8 June.  In India, over 11,000 kg of gold has been seized at airports in the last 5 years, with smuggling having peaked in 2018-19, with over 2,900 kg seized.

https://simpleflying.com/air-india-crew-smuggling-fired-london/

INDIA’S LARGEST CRYPTOCURRENCY EXCHANGE WazirX IN A MONEY LAUNDERING WRANGLE

On 11 June, TechPluto and others reported that WazirX has been served a notice by the Enforcement Directorate (ED) on serious charges of facilitating money laundering and helping Chinese nationals in laundering money.  It is alleged that claimed that owners of Chinese betting app converted money into cryptocurrency and then transferring these cryptos to a Binance account based in the Cayman Islands. 

https://www.techpluto.com/wazirx-gets-caught-in-a-money-laundering-wrangle-ed-issues-showcase-notice/

US: 21 CHINESE NATIONALS INDICTED IN COLORADO FOLLOWING INVESTIGATION INTO LARGE MONEY LAUNDERING CONSPIRACY

On 10 June, Eminetra reported that 21 Chinese citizens in Colorado have been charged in connection with a year-long investigation into a large-scale money laundering conspiracy.  It is said that they illegally cultivated marijuana and laundered drug revenues through China’s social media apps, QR codes, and a sophisticated system of illegal money brokers.

https://eminetra.com/21-chinese-nationals-indicted-in-colorado-following-investigation-into-large-money-laundering-conspiracy-denver-colorado/590095/

US NEEDS A NEW LICENSING POLICY FOR CHINESE COMPANIES

A post on Lawfare on 11 June says that the Biden Administration grapples with how to distinguish low-risk business activities from those that threaten US national security.  It says that the Administration appears to have taken up the sugegstion that it should use a little-known Commerce Department rule to embark on a new path that would separate activity that poses a risk to US national security from activity that benefits US tech users and US strategic interests.  However, the post puts forward an additional recommendation that would serve the same overarching objective – a fair and transparent licensing regime for the Securing the Information and Communications Technology and Services Supply Chain (ICTS) Rule. 

https://www.lawfareblog.com/us-needs-new-licensing-policy-chinese-companies

GERMAN BUNDESTAG PASSES NEW LAW ON SUPPLY CHAIN ETHICS

On 11 June, Deutsche Welle reported that the law will require German companies to report human rights or environmental abuses by suppliers – but while supporters say it is a milestone, rights groups say it falls short.  The law, which seeks to stamp out abuses such as child labour will go into effect in 2023 for roughly 600 large companies with 3,000 or more employees, and in 2024 for another 3,000 companies with 1,000 or more employees. 

https://www.dw.com/en/german-bundestag-passes-new-law-on-supply-chain-ethics/a-57855174

SCHOLARS AND EXPERTS FROM BELGIUM HAVE CALLED ON THE COUNTRY’S GOVERNMENT TO REPATRIATE COLONIAL-ERA ACQUISITIONS

On 11 June, a post from Boodle Hatfield says that a panel of experts panel has urged authorities to consider their guidelines for dealing with the nation’s colonial collections, which resemble those adopted in 2019 by Germany.   A report urges Belgian authorities to create a neutral commission to evaluate restitution requests and a provenance research institute. 

https://artlawandmore.com/2021/06/11/experts-frustrated-by-belgiums-government-issue-new-restitution-report/

EU ANTI-FRAUD AGENCY CRACKED DOWN ON FAKE PANDEMIC SUPPLIES

On 11 June, EU Observer reported that OLAF has helped seized millions of counterfeit masks, testing-kits, and hand-sanitisers over the past year, as the pandemic opened up a major business opportunity for fraudsters.  A report found that EU imports of Chinese healthcare products grew by 900% in the second quarter of 2020, compared with 2019.

https://euobserver.com/coronavirus/152110

EU: NORWAY ADDED TO LIST OF THIRD COUNTRIES FOR MUTUAL ASSISTANCE IN VAT RECOVERY

EU Regulation 2021/942/EU adds Norway to the list of non-EU states with which the EU has concluded a VAT mutual assistance/mutual recovery agreement.

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.L_.2021.205.01.0080.01.ENG&toc=OJ:L:2021:205:TOC

MEXICO IS GOING TO GIVE AWAY THE MANSIONS OF 2 ONCE-POWERFUL DRUG KINGPINS

On 11 June, Business Insider reported that the President recently a “mega raffle” with 22 prizes valued at $12.5 million, the proceeds of which will be used for COVID-19 vaccine, and prizes include mansions that belonged to 2 of Mexico’s most well-known cartel bosses: Joaquín “El Chapo” Guzmán and Amado Carrillo Fuentes.

https://www.businessinsider.com/mexico-raffling-drug-kingpins-mansions-to-pay-for-covid-vaccines-2021-6

RECAST OF EU REGIME FOR THE CONTROL OF EXPORTS, BROKERING, TECHNICAL ASSISTANCE, TRANSIT AND TRANSFER OF DUAL-USE ITEMS

EU Regulation 2021/821/EU of 20 May is a recast of former EU Regulation 428/2009/EC.  As the 2009 Regulation has been substantially amended several times, and further amendments are to be made, it was decided that the Regulation should be recast in the interests of clarity, effectiveness and efficiency.

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.L_.2021.206.01.0001.01.ENG&toc=OJ:L:2021:206:TOC

UK: POST OFFICE HORIZON IT INQUIRY 2020

On 11 June, a news release from the Department for Business, Energy and Industrial Strategy involved updated information on the official inquiry into the Post Office scandal, pointing out that the inquiry is now a statutory inquiry.  It details the conversion into a statutory inquiry, the terms of reference updated to reflect that, the core participants and timetable.

https://www.gov.uk/government/publications/post-office-horizon-it-inquiry-2020#history

https://www.jdsupra.com/legalnews/explaining-cryptocurrency-s-ransomware-7909324/

THE BIDEN ADMINISTRATION HAS ANNOUNCED A NUMBER OF ACTIONS AIMED AT STRENGTHENING SUPPLY CHAIN RESILIENCE AND REVITALIZING DOMESTIC COMPETITIVENESS

On 11 June, Sandler Travis Rosenberg reported that the actions stem from recently completed reviews of the supply chains of 4 sectors (drugs, critical minerals, semiconductors, and batteries) and ongoing reviews of supply chains for defence, public health and biological preparedness, information and communications technology, energy, transportation, and agricultural commodities and food production.

https://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/june/new-strike-force-enforcement-measures-planned-to-strengthen-supply-chains

US CUSTOMS SEIZES 6.2 TONS OF KHAT IN 2 SEPARATE SHIPMENTS

On 11 June, a news release from US Customs & Border Protection advised that khat is a green, leafy plant typically grown in the Arabian Peninsula and many parts of Africa.  It is chewed for its stimulant effect.  The WHO classified khat as a drug of abuse in 1980.  The DEA classifies khat as a Schedule 1 narcotic – the most restrictive category used by the DEA – when the leaves are freshly picked. Its principal components, cathine and cathinone, are considered controlled substances in the US.

https://www.cbp.gov/newsroom/local-media-release/cbp-seizes-62-tons-khat-two-separate-shipments

SARDINIAN SAND HEIST THWARTED BY CUSTOMS POLICE

On 10 June. AV Club reported that 41 sand thieves face fines of as much as $3,600 each.  They were tourists who had tried to make off with 100 kg “of sand, seashells, and beach rocks” before being caught by customs while trying to leave the island.  In 2017, Sardinia established penalties for sand removal in order to protect the island’s beaches from being ruined by tourists.

https://www.avclub.com/great-sardinian-sand-heist-thwarted-by-customs-police-1847072472

THE ILLEGAL TV CONNECTIONS BANKROLLING MILITIAS IN RIO

On 10 June, an article in Insight Crime reported that militias in Brazil are providing illegal TV services to millions of households at a fraction of the price of legal streaming apps – another example of how these groups earn a fortune by subverting legitimate markets.  Police have stepped up raids against militia groups, and they have seized staggering amounts of equipment related to gatonet.  Gatonet connections are highly lucrative for militias and devastating for the media industry. 

https://insightcrime.org/news/clandestine-tv-connections-new-criminal-economy-brazil/

RUSSIAN AND SWISS CUSTOMS SIGN COOPERATION MEMORANDUM

On 11 June, the Russian customs service advised that the 2 countries had signed the agreement allowing for bilateral cooperation.

https://eng.customs.gov.ru/news/document/290703

WORLD DAY AGAINST CHILD LABOUR

The 12 June is the World Day Against Child Labour, and the EU Parliament Research Service published a briefing paper saying that this year the focus is on the 2021 International Year for the Elimination of Child Labour.  It is also an opportunity to consider measures taken at international and EU level.

  https://www.europarl.europa.eu/RegData/etudes/ATAG/2021/690665/EPRS_ATA(2021)690665_EN.pdf

https://theconversation.com/shipping-is-tough-on-the-climate-and-hard-to-clean-up-these-innovations-can-help-cut-emissions-162513

SLILPP ONLINE MARKETPLACE DISRUPTED IN INTERNATIONAL CYBER OPERATION

A news release from US DoJ on 10 June advised that the DoJ had participated in a multinational operation involving actions in the US, Germany, the Netherlands, and Romania to disrupt and take down the infrastructure of the online marketplace known as Slilpp.  It is alleged that since 2012 the Slilpp marketplace has been selling stolen login credentials, including usernames and passwords for bank accounts, online payment accounts, mobile phone accounts, retailer accounts, and other online accounts. 

https://www.justice.gov/opa/pr/slilpp-marketplace-disrupted-international-cyber-operation

CASE STUDY: THE NUN – CONFISCATING $1 MILLION ASSETS OF THE SHINING PATH TERRORIST ORGANISATION USING NON-CONVICTION BASED CONFISCATION 

The Basel Institute on Governance has published this case study (also available in Spanish) which describes the background, legal strategy and conclusion of a landmark case of non-conviction based confiscation in Peru that has enabled the successful confiscation of around $1 million linked to terrorist financing.  It involves a British-Peruvian woman known popularly as “The Nun”.  The study also discusses the Peruvian law on non-conviction based confiscation of illicit assets, extinción de dominio.

https://baselgovernance.org/sites/default/files/2021-06/Case%20Study%20The%20Nun_EN.pdf

EU SANCTIONS IMPOSED IN 2019 ON FORMER PRESIDENT OF UKRAINE VIKTOR FEDOROVYCH YANUKOVYCH AND HIS SON, OLEKSANDR VIKTOROVYCH YANUKOVYCH, HAVE BEEN ANNULLED 

On 11 June, the EU Sanctions blog reported that the EU General Court had annulled the 2019 sanctions designations because the EU Council had not satisfied itself that the applicants’ right to defence and effective judicial protection were respected by the Ukrainian authorities.  Despite annulling of these earlier sanctions, the two remain designated under EU Regulation 2021/391/EU.

https://www.europeansanctions.com/2021/06/sanctions-against-former-president-yanukovych-and-son-annulled/

https://advisor.visualcapitalist.com/inflation-over-last-100-years/

CHINA’S ANTI-SANCTIONS LAW

On 11 June, Wilmer Hale issued a Client Alert about the new law  which is effective immediately and as a blocking statute serves to both expand and coordinate China’s efforts to respond to sanctions against Chinese entities and individuals.  Explaining the measure and who is at risk, the Alert says that it creates new vectors of risk for those who have been attempting to delicately balance compliance requirements under conflicting bodies of law.

https://www.wilmerhale.com/en/insights/client-alerts/20210611-china-enacts-anti-sanctions-law

HOW ILLEGAL FISHING HARMS NIGERIA AND WHAT TO DO ABOUT IT

On 1 June, The Conversation published an article saying that, like most countries in West Africa, Nigeria’s coastal waters contain diverse species of fish, and small-scale fishing operations contribute 80% of locally-produced fish and support the livelihoods of 24 million Nigerians, and forms up to 1.09% of national GDP.  The article says that there is a need to understand the scale and complexity of illegal fishing and associated crime, and why it is happening, saying it is worth up to $800 million a year, with vessels from China, the EU and Belize heavily involved.  It says that solving the problem of illegal fishing in Nigeria requires that the Federal Department of Fisheries is supported to operate effectively, and fisheries regulations must also be updated to reflect the current realities and impacts of fisheries crime.

https://theconversation.com/how-illegal-fishing-harms-nigeria-and-what-to-do-about-it-160553

UK: CPS CRACKS DOWN ON “FAILURE TO DISCLOSE” IN MONEY LAUNDERING; BUT TO WHAT EFFECT?

An article from Bryan Cave Leighton Paisner on 11 June posed this question saying that in June the CPS updated its Money Laundering Offences guidance on prosecuting ‘failure to disclose’ offences under section 330 of the Proceeds of Crime Act 2002.  Under the new updated guidance, the CPS will consider bringing a prosecution of an offence of failure to disclose even if there is insufficient evidence to establish that money laundering was planned or undertaken.

https://www.bclplaw.com/en-US/insights/the-cps-cracks-down-on-money-laundering-but-to-what-effect.html

JHO LOW HIT WITH ILLEGAL LOBBYING CHARGES IN US

On 11 June, Politico reported that the DoJ had announced that a federal grand jury had added charges of illegal lobbying and money laundering to existing campaign finance charges against Malaysian businessperson Jho Lowand rapper Pras Michel, accusing the pair of orchestrating a back-channel effort to lobby the Trump administration.

https://www.politico.com/newsletters/politico-influence/2021/06/11/jho-low-hit-with-illegal-lobbying-charges-795909

https://mondovisione.com/media-and-resources/news/us-department-of-justice-us-entertainerbusinessman-and-malaysian-national-ch/

SPACs AND SANCTIONS: DUE DILIGENCE CONSIDERATIONS

On 11 June, an article from K2 Integrity looked at Special Purpose Acquisition Companies used in takeover operations.  The article warns that SPAC sponsors should consider conducting sanctions-related due diligence on foreign investors and potential target companies to ensure that the individuals or entities are not sanctioned themselves and do not have ties to sanctioned jurisdictions or their governments. 

https://www.jdsupra.com/legalnews/spacs-and-sanctions-due-diligence-7583868/

FORMER GILLINGHAM FC VICE-CHAIRMAN MICHAEL ANDERSON FACES EXTRADITION OVER US FRAUD ALLEGATIONS

On 11 June, Kent Online reported that the former vice chairman of Gillingham Football Club is facing extradition to the US where he has been charged with a multi-million pound fraud.  The businessman appeared via videolink before Westminster Magistrates’ Court after being arrested at Heathrow Airport when returning from a holiday in Portugal. 

https://www.kentonline.co.uk/medway/news/football-boss-in-court-over-4m-fraud-claims-248889/

DUAL-QUALIFIED LAWYER BASED IN JERSEY DISBARRED AFTER RECEIVING A PRISON SENTENCE FOR FRAUDULENT ACTIVITY AT HIS SOLICITORS’ PRACTICE

On 11 June, the Law Society Gazette reported that barrister Kevin Robert Manning had pleaded guilty to 20 counts of fraudulent conversion and 1 count of fraudulent conversion by a trustee in 2018, and was sentenced to 3½ years in prison.  He was also found to have failed to keep accurate client records over a 6-year period.

https://www.lawgazette.co.uk/news/jersey-lawyer-disbarred-after-fraud-conviction-/5108837.article

US: CHINESE IMMIGRANT IN MONEY LAUNDERING RING “DIDN’T KNOW…$24 MILLION I PICKED UP WAS FROM CARTELS”

On 11 June, the Chicago Sun-Times reported that Sui Yuet Kong got 40 months in prison for her role in a Chinese operation moving US drug proceeds to China, then to the Mexican cartels that sold the drugs in Chicago and New York.  The Chinese immigrant told federal investigators she never suspected she was helping launder drug proceeds.

https://chicago.suntimes.com/2021/6/11/22529643/chinese-money-laundering-mexican-drug-cartels-sui-yuet-kong

AMENDMENT OF RUSSIAN AML/CFT LAW

On 11 June, a news release from the President of Russia advised that President Putin had signed a Federal Law On Amendments to the Federal Law On Countering the Legalisation of Criminal Proceeds (Money Laundering) and the Financing of Terrorism.  Amongst other things, the new law introduces the notion of “the national assessment of risk involved in transactions aimed at legalising criminal proceeds and financing of terrorism”.  It determines that such an assessment be based on recommendations by authorised bodies.

https://en.kremlin.ru/acts/news/65816

SURVEY OF CENTRAL BANKS AND CENTRAL BANK DIGITAL CURRENCIES (CBDC) 

A release on Mondo Visione on 11 June advised that CBDC could ease current frictions in cross-border payments – and particularly so if central banks factor an international dimension into CBDC design from the outset. Based on a survey of 50 central banks in the first quarter of 2021, this paper explores initial thinking on the cross-border use of CBDC. 

https://www.bis.org/publ/bppdf/bispap116.pdf

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