Day: June 29, 2021

Interpol produced this guidance in March – as technical guidelines to provide information and advice on digital forensic approaches that may be adopted when seizing and analysing different kinds of devices.  It aims to provide best practices for search and seizure of electronic and digital evidence.  The Guidelines are solely for the use of law enforcement professionals having the necessary legal basis or authorisation to perform the actions described in the publication.  It also includes mentions of open source, proprietary and publicly available tools and services that offer various functionalities.

https://media-exp3.licdn.com/dms/document/C4D1FAQHHhPRiQtHHbA/feedshare-document-pdf-analyzed/0/1624901932726?e=1625065200&v=beta&t=NtZXxv8-vBf-AF9GGnYKRPCHVLpFX2PRMO0JkSGXawg

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On 28 June, a report from the Humane Society International reveals that EU countries imported nearly 15,000 hunting trophies of 73 internationally protected species between 2014 and 2018, an average of almost 3,000 trophies every year, including African lions, African elephants and critically endangered black rhinos. Zebras, cheetahs, Asia’s near threatened Argali sheep, and polar bears.  Germany, Spain, Denmark, Austria, Sweden, France, Poland, Hungary, the Czech Republic and Slovakia are the top trophy importing EU Member States, with Namibia, South Africa, Canada, Russia, Argentina, Kyrgyzstan and the U.S. represent the top exporting countries to the EU. Spain, Poland, Hungary, Germany and the Czech Republic are the top importers of captive lion trophies.

https://www.hsi.org/wp-content/uploads/2021/06/Trophy-hunting-numbers-eu-report.pdf

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The EU’s European Court of Auditors has issued this report which found “institutional fragmentation” and poor co-ordination at EU level when it came to actions AML/CFT and take action where risk was identified. In practice, supervision still takes place at national level with an insufficient EU oversight framework to ensure a level playing field.  It found that the Commission was slow to assess Member States’ transposition of Directives due to poor-quality communication by Member States and limited resources at the Commission.  The quality of material shared by the supervisory authorities also varied considerably due to national practices, and the European Banking Association is said to be developing updated guidance.  It makes a number of recommendations for the EU Commission, EBA and the European Central Bank.

https://www.eca.europa.eu/Lists/ECADocuments/SR21_13/SR_AML_EN.pdf

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The Airports Council International has released the first edition of this guidance which is designed to assist airports in addressing this global crime.  It offers detailed case studies on the comprehensive work and strategies of individual airports engaged in this global challenge and draws on the experience of airports which have taken an active role against wildlife trafficking.  It also provides guidance to airports on their role and the options that may be available to them to support industry action.

https://store.aci.aero/product/combatting-wildlife-trafficking-handbook-first-edition-2021/

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On 29 June, an article from OCCRP reported that “Mikaela Jav” made a name for herself as a DJ on Ibiza and OCCRP reveals that she is Izzat Khanim Javadova, a cousin of Azerbaijani president Ilham Aliyev. (Javadova’s stage name, Mikaela, is the name of her 22-year-old daughter).  Over the past few years, she and her husband, Suleyman Javadov, have been the targets of an investigation by the UK’s NCA into millions of pounds that the NCA suspects are the proceeds of “corruption, theft or embezzlement”.  They are said to have received £13.9 million from questionable origins.  They used a network of 20 opaque companies based in mostly offshore jurisdictions to receive the funds in their UK accounts, according to the NCA, and it identified 6 of these companies as being part of the “Azerbaijani Laundromat”. 

https://www.occrp.org/en/azerbaijanilaundromat/jet-setting-dj-and-cousin-of-azerbaijans-president-aliyev-accused-of-receiving-millions-in-suspicious-funds

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On 29 June, FATF reissued this guidance, saying that it had recently revised 2 Standards to require countries, financial institutions, designated non-financial businesses and professions (DNFBP) and virtual asset service providers (VASP) to identify, assess, understand and mitigate their proliferation financing risks.  The guidance, first issued in October, will effectively implementing these new FATF requirements. 

https://www.fatf-gafi.org/media/fatf/documents/reports/Guidance-Proliferation-Financing-Risk-Assessment-Mitigation.pdf

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On 29 June, Computer Weekly reported that the European Commission has granted the UK data adequacy, allowing data sharing between the EU and the UK, but warns it may yet be revoked.  The decision comes with a 4-year sunset clause and “strong safeguards” that allow the EU to revoke adequacy if the UK’s data protection laws diverge significantly from those of the EU in the future.  Conservative ministers and back benchers have proposed watering down the UK’s data protection regime as part of a move to cut red tape and boost the competitive position of the UK following Brexit.  The article notes that a total of 12 such adequacy decisions have been made for the purposes of GDPR so far – Andorra, Argentina, Canada, the Faroe Islands, Guernsey, Israel, the Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay. 

https://www.computerweekly.com/news/252503213/EU-recognises-UK-data-protection-adequacy-but-warns-against-divergence

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On 28 June, an article from Burges Salmon reported that Germany is the latest country to legislate for increased corporate responsibility over global supply chains. The article examines the German legislative measures, and how they compare with its UK equivalent, the Modern Slavery Act 2015.  The comparison clearly shows that the scope of the German Act is, in nearly every respect, broader than the UK Act, and that companies which already comply with the UK Act are not automatically in compliance with the German Act.

https://www.burges-salmon.com/news-and-insight/legal-updates/environment/supply-chain-due-diligence-for-human-rights-and-environmental-harm-germany-and-uk-compared

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On 28 June, the Wall Street Journal reported that enforcement has accelerated over the past year.  Importers have to show that their often multi-layered supply chains are free from forced labour, and have 3 months from the time a shipment is detained to prove the products are clean, under rules that trade lawyers and business groups said require a high burden of proof. Otherwise, the cargoes must be exported or abandoned.

https://www.wsj.com/articles/bans-on-forced-labor-goods-from-china-fuels-disputes-with-importers-11624881600

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