EXPORT ENFORCEMENT UPDATE: THE IMPORTANCE OF COMMODITY CLASSIFICATION

On 19 August, an article from Bass Berry & Sims highlighted 3 particular elements from a recent export control case which involved a $6.6 million penalty for Keysight Technologies, a US technology and software company, for 24 alleged violations of the International Traffic in Arms Regulations (ITAR).  The unauthorised exports were based on incorrect commodity classification, and such ITAR exports are tightly controlled to China, Russia, as well as by US allies.  It emphasises that software and technology cross national borders easily – but export authorisation may still be required.  The firms stresses that the key takeaway is to dedicate resources to compliance – especially classification and jurisdiction. 

https://www.bassberrygovcontrade.com/commodity-classification-export

 

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OFAC SANCTIONS FURTHER SENIOR CUBAN OFFICIALS IN RESPONSE TO VIOLENCE AGAINST PEACEFUL DEMONSTRATORS

On 19 August, a US Treasury news release advised that OFAC had designated 3 Cuban individuals pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world – Roberto Legra Sotolongoand Andres Laureano GonzalezBritoof the Cuban Ministry of Revolutionary Armed Forces (MINFAR), and Abelardo JimenezGonzalezof the Cuban Ministry of Interior (MININT).

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20210819

https://home.treasury.gov/news/press-releases/jy0327

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WORLD BANK DEBARS VIETNAMESE COMPANY FOR FRAUD

On 18 August, the FCPA Blog carried a post advising that the World Bank had debarred a Vietnamese construction company, Newstech Trading and Investment Construction Joint Stock Company, for 2½ years for a fraudulent practices connected to a project in Vietnam.

https://fcpablog.com/2021/08/18/world-bank-debars-vietnamese-company-for-fraud/

The post also provided a link to all current World Bank debarments –

http://www.worldbank.org/en/projects-operations/procurement/debarred-firms

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REPORT CLAIMS LINKS OF FRENCH SUGAR AND BEVERAGE COMPANY TO FUNDING OF MILITIAS IN CENTRAL AFRICAN REPUBLIC

A report from The Sentry says that French Castel Group is the third-largest wine producer worldwide, the second-largest brewer in Africa, and a major bottling partner for Coca-Cola in Africa, having some 240 subsidiaries in 50 countries.  For almost 20 years, Castel Group has been operating Sucrerie Africaine de Centrafrique (African Sugar Refinery of the Central African Republic, or SUCAF RCA) in the Central African Republic (CAR).  The report claims that in 2014 there was an “security arrangement” with an armed group, the Unité pour la paix en Centrafrique (Union for Peace in the Central African Republic, or UPC).  It is claimed that the agreement between SUCAF RCA and UPC militias was active through to March 2021, but its future remains uncertain due to the deployment of governmental and Russian forces in territories formerly controlled by the UPC.

https://cdn.thesentry.org/wp-content/uploads/2021/08/CultivatingAtrocities-TheSentry-Aug2021.pdf

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VANUATU STRIPS SYRIAN BUSINESSMAN OF CONTROVERSIAL ‘GOLDEN PASSPORT’ CITIZENSHIP

On 19 August, The Guardian reported that Vanuatu has reportedly revoked the citizenship of a Syrian businessman who was granted approval to receive a Vanuatu passport earlier this year, following a Guardian investigation.  Abdul Rahman Khiti obtained the “golden passport” under a scheme which allows foreign nationals to purchase citizenship for $130,000.  In December 2020, the US imposed sanctions on a number of his businesses, which are jointly owned alongside his brother, Syrian MP Amer Khiti, whom the new designations were aimed at further curbing.

https://www.theguardian.com/world/2021/aug/19/vanuatu-strips-syrian-businessman-of-controversial-golden-passport-citizenship

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WEAK CONTROLS FUEL SURGE IN WILDLIFE TRAFFICKING BY AIR ACROSS LATIN AMERICA

On 18 August, Mongabay reported that a new report is said to give an unprecedented look into wildlife trafficking from Latin America and the Caribbean by commercial aviation, identifying Mexico, Brazil and Colombia as the top sources of the illegal trade.  Between 2010 and 2020, 65 different species from the region were confiscated at airports, and 40% of the seized animals were live specimens, which increases the risk of spreading diseases.

https://news.mongabay.com/2021/08/weak-controls-fuel-surge-in-wildlife-trafficking-by-air-across-latin-america/

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