Panama Covid-19 update – the missing data from yesterday showed that there had been 330 new cases and 4 new fatalities, with now 5,680 active cases, with 86 in ICU and 259 in other wards.
Meanwhile, the health minister has now announced that Panama has achieved 50% of the population have been double-vaccinated. he also said when 85% was reached, the remaining restrictions could be lifted (although perhaps it remains to be seen how many continue with face masks etc), and that currently third doses were limited to those with compromised immunity systems.
Today, we see 401 new cases and 6 new fatalities, with 5,490 active cases – 84 in ICU and 269 in other wards.
Any modest contributions for my time and ongoing expenses are welcomed! I have a page where you can do so, and where one-off contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y
9 SEPTEMBER 2021
CARRYING CONTAINERS ON A BULK CARRIER
On 9 September, Seatrade Maritime News carried comments on a new business opportunity – carrying containers on (converted) bulk carriers. It is said that owners are reaching out to insurers and classification societies as to what they need to do to carry containers safely on, or in, a bulk carrier, as one P+I Club says that demand for container shipping is so strong that reverberations are leading exporters to charter bulk carriers for carrying containers.
https://www.seatrade-maritime.com/containers/carrying-containers-bulker-what-experts-say-0
TANZANIA MAIN OPPOSITION PARTY SAYS SEVERAL MEMBERS ARRESTED
On 4 September, Al Jazeera reported that Tanzanian police have arrested several members of the country’s main opposition Chadema party, following the detention of Chadema leader Freeman Mbowe on “terrorism” charges. He has been charged with terrorism financing and conspiracy in a case that the opposition says shows President Hassan is continuing the oppressive rule of her late predecessor.
https://www.aljazeera.com/news/2021/9/4/tanzania-in-new-crackdown-on-opposition-party
WHAT IS KNOWN ABOUT ISIS-K FUNDING IN AFGHANISTAN?
On 30 August, an article in Lawfare considered the relatively small and obscure offshoot of the Islamic State of Iraq and Syria (ISIS), saying that to fully understand the group and disrupt future terrorist attacks, policymakers must recognise how the group raises revenues to fund its activities as well as steps already taken by the international community. According to the US Treasury, currently ISIS-K primarily raises funds through local donations, taxation, extortion, and some financial support from ISIS-core, and as of early 2020, ISIS core was possibly providing some funds to ISIS-K. Additional funds come from illicit criminal commerce, taxes, and extortion on the local population and businesses in Afghanistan and Pakistan.
https://www.lawfareblog.com/what-known-about-isis-k-funding-afghanistan
EU TRADEMARK AND DESIGN PROTECTION TO THE UK (GRACE PERIOD ENDING 30 SEPTEMBER)
An article from Marks & Clark on 7 September reminded that at the end of the Brexit transition period in January, owners of registered EU trademarks and designs were automatically awarded a comparable UK trademark or design right to fill the gap in protection following Brexit. However, for EU trademark and design applications that were pending on the 31 December such rights were not created automatically.; and owners of such pending applications have a non-extendible deadline of 30 September, to file a corresponding UK TM or Design application extending protection to the UK.
SWISS RECOGNISE THE NEW EU STANDARD CONTRACTUAL CLAUSES (SCC)
On 7 September, Hunton Andrews Kurth reported that the Swiss Federal Data Protection and Information Commissioner had announced that EU SCC may be relied on to legitimise transfers of personal data from Switzerland to countries without an adequate level of data protection, provided that the necessary amendments and adaptations are made for use under Swiss data protection law.
SOUTH AFRICAN COURT GRANTS PROVISIONAL RESTRAINT ORDER TO FREEZE ASSETS OF ACCUSED IN ESKOM FRAUD CASE
On 7 September, News 24 reported that the order related to Eskom officials and businessmen involved in alleged corruption, fraud and money laundering at the Kusile Power Station, in a case where the so-called Eskom Files revealed how Eskom officials benefitted off payments from companies involved in the matter.
US EXPORT CONTROLS LEAVE CHINESE RESEARCHERS STRUGGLING TO BUY SCIENTIFIC INSTRUMENTS
On 9 September, Chemistry World reported thatan analysis by Chinese researchers suggests that over 40% of items on the US export control list are scientific instruments required by China’s laboratory researchers, and process laboratory equipment including tools used in the chemical and pharmaceutical sectors, and performance testing instruments such as particle size analysers are the most tightly controlled.
STRENGTHENED EU EXPORT CONTROL RULES KICK IN
On 9 September, Euro Weekly reported that the new EU Export Control Regulation has entered into force and will tighten controls on trade in dual-use items – civilian goods and technologies with possible military or security use – while enhancing the EU’s capacity to protect human rights and support secure supply chains for strategic items.
https://www.euroweeklynews.com/2021/09/09/strengthened-eu-export-control-rules-kick-in/
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4601
US BUSINESSMAN JAILED FOR EXPORTING MILITARY TECH TO CHINA
On 9 September, The Times reported that a Chinese businessman has been jailed for 2 years in the US after admitting illegally exporting marine technology with military applications to China. Shuren Qin, 45, is a Chinese citizen who emigrated to the US in 2014.
https://www.ntd.com/chinese-national-jailed-for-smuggling-us-marine-tech-to-china_673326.html
CHINA TELLS UN ‘THE MOLE’ DOCUMENTARY ISN’T A CREDIBLE SOURCE FOR SANCTIONS INVESTIGATIONS
On 9 September, NK News reported that UN investigators should not use a Danish-made documentary about North Korea sanctions violations as a “credible source” for inquiry, China has reportedly told the UN Panel of Experts. The documentary showed how a North Korean company offered Scud missiles, rocket artillery systems, a gold mine, drug manufacturing help and more to 2 Danish individuals visiting Pyongyang in 2017.
ECOWAS SUSPENDS GUINEA AFTER COUP
On 9 September, Daily Sabah reported that West Africa’s main political and economic bloc suspended Guinea’s membership following a military coup, demanded a return to the constitutional order and President Conde’s immediate release. It did not announce any immediate economic sanctions against Guinea, as ECOWAS imposed against Mali following a coup there in August 2020.
https://www.dailysabah.com/world/africa/ecowas-suspends-guinea-after-coup-falls-short-on-sanctions
SAUDI NIGERIAN AUTHORITIES HAVE THWARTED AN ATTEMPTED SMUGGLING OF OVER 450,000 AMPHETAMINE TABLETS SENT TO SAUDI ARABIA BY SEA FROM LEBANON
On 9 September, the New Arab reported that it is said the attempt was by a drug production and smuggling network linked to Lebanon’s Hezbollah group. The consignment was initially sent by sea from Lebanon to Nigeria, where it was seized by Nigerian authorities, before being shipped to another country and then sent to Saudi Arabia.
https://english.alaraby.co.uk/news/saudi-nigeria-bust-major-lebanese-narcotics-shipment
AMENDED GCC UNIFIED CUSTOMS LAW TO TREAT COUNTERFEIT IMPORT AS SMUGGLING
On 8 September, the Saudi Gazette reported that the competent authorities of the Gulf Cooperation Council (GCC) states – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and UAE – have recently approved a number of amendments to the GCC Unified Customs Law. The import of counterfeit goods will be deemed as smuggling activity and punitive measures will be taken accordingly.
FIU GAMBIA HOSTS SECOND ROUND OF EVALUATION FINDING ON AML/CFT
On 8 September, All Africa reported that the FIU, with support from the Secretariat of FATF-style regional body GIABA has hosted a review of preliminary findings of the ongoing second round of Mutual Evaluation Exercise on the AML/CFT framework in The Gambia.
https://allafrica.com/stories/202109090180.html
NEW ZEALAND: HIGH COURT REDUCES TSB BANK PENALTY FOR AML BREACHES
On 8 September, Hesketh Henry reported that the Reserve Bank of New Zealand and TSB sought an order from the High Court to impose an agreed penalty of $3.85 million, the first civil proceedings taken by the RBNZ under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 . The Court concluded that TSB was entitled to a greater discount on the total penalty for cooperation and early admission, and reduced the penalty to $3.5 million. The article looks at the Act and at the TSB Bank case, saying that the case demonstrates that the consequences of breaching the Act are severe, and that enforcement may be taken.
GERMAN PROSECUTORS RAID FINANCE AND JUSTICE MINISTRIES OVER MONEY LAUNDERING PROBE
On 9 September, News 18 reported that prosecutors said that they had seized documents at the finance and justice ministries as part of an investigation into possible obstruction of justice by the country’s FIU. Prosecutors had been investigating the FIU since 2020 because the agency had not forwarded reports made by banks of possible money laundering to the police and the judiciary.
https://uk.news.yahoo.com/factbox-embattled-agency-heart-german-132312691.html
US ARMY RESERVIST SENTENCED TO 46 MONTHS FOR ELDER FRAUD AND MONEY LAUNDERING
A news release from US DoJ on 8 September announced that Joseph Iorhemba Asan Jr was sentenced to 46 months in connection with a scheme to commit romance fraud scams and business email compromises (BEC) against dozens of victims across the US, defraud banks, and launder millions of dollars in fraud proceeds to co-conspirators based in Nigeria.
UK: USER GUIDE TO OPERATION OF POLICE POWERS UNDER THE TERRORISM ACT 2000 AND SUBSEQUENT LEGISLATION
On 9 September, the Home Office released updated information in a user guide to operation of police powers under terrorism legislation, intended as a useful reference guide with explanatory notes.
UK: 6-YEAR DATA SNAPSHOT OF ASSET RECOVERY, USING PROCEEDS OF CRIME ACT POWERS
On 9 September, the Home Office released information in what was described as a “6-year data snapshot” of asset recovery, using POCA powers, as amended by the Criminal Finances Act 2017, and includes data on the use of the Asset Recovery Incentivisation Scheme.
UK: LORD CHANCELLOR HAS CALLED FOR STRONGER LAWS AGAINST COMPANIES THAT FACILITATE ECONOMIC CRIME – BUT THAT THEY SHOULD NOT FACE AN ‘UNDUE BURDEN OF COMPLIANCE’
On 9 September, Law Society Gazette reported that the political head of the British legal establishment had said there are concerns that the current law on corporate criminal liability is not fit for purpose, especially when applied to large corporates. However, he also said that it was important to ensure that any reform does not impose an undue burden of compliance on companies – so it must also take account of the impact of increased costs on law-abiding corporations to ensure they are not overburdened by processes they are expected to follow.
https://www.lawgazette.co.uk/news/buckland-calls-for-tougher-corporate-crime-laws-/5109735.article
SOUTH AFRICA: FORMER PRESIDENT ZUMA’S ARMS DEAL TRIAL POSTPONED
On 9 September, SABC reported that Former President Jacob Zuma’s arms deal corruption trial has been postponed to 21/22 September. Zuma has pleaded not guilty to corruption, racketeering, fraud, tax evasion, and money laundering charges. He is accused of taking bribes from French company Thales.
https://www.sabcnews.com/sabcnews/former-president-zumas-arms-deal-trial-postponed/?src=ilaw
LACK OF CUSTOMS SKILLS POSES ‘EXISTENTIAL THREAT’ TO MANY UK EXPORTERS
On 9 September, Lloyds Loading List reported that the complexities of handling the various procedures are far greater than just those posed by Brexit. The British International Freight Association estimates that 40–50,000 extra staff are required. However, it is said, there is nothing like that pool of talent available. It warns that customs administration is going to be make-or-break for many companies in the coming months and years
$350 MILLION JONES ACT FINES FOR USE OF CANADIAN INTERMODAL FACILITY THAT THREATENED ALASKAN SEAFOOD TRADE
On 3 September, Seafood Source reported that US Customs and Border Protection has issued approximately $350 million in fines against American Seafoods and other companies associated with the company’s supply chain. The fines were under the Jones Act, which prohibits transportation of domestically-caught seafood and any other goods of US-origin inside the US (and its waters) unless the vessel is US-built and US-owned.
CHINESE CUSTOMS CONFISCATES 3,000 BOXES OF VIETNAMESE BANANAS ON THE GROUNDS OF TRADEMARK INFRINGEMENT
On 9 September, Fresh Plaza reported that customs had investigated 3,080 boxes of Vietnamese imported bananas and confiscated them on the grounds of trademark infringement. The boxes feature a pattern of 5 rings that violates the intellectual property right of the Olympics.
LATEST DEVELOPMENTS ON DIRECT FOREIGN INVESTMENT CONTROLS IN SWITZERLAND
On 9 September, an article from Eversheds Sutherland says that direct foreign investments in Swiss companies are currently not subject to state approval. This is in contrast with the majority of EU and all G7 member states, which have established foreign investment controls in recent years. However, in response to political pressure, the federal government has been tasked with the development of a draft law in this regard.
UK: MAN SENTENCED TO 5 YEARS AND 10 MONTHS IMPRISONMENT FOR MONEY LAUNDERING, AND DISQUALIFIED FROM BEING A COMPANY DIRECTOR FOR 10 YEARS
A release on Mondo Visione on 9 September advised that Richard Faithfull had laundered £2.5million as part of a trans-national organised crime group for longer than 12 months, laundering the proceeds of, at least, 7 professionally run overseas investment frauds. It is said that the operation was sophisticated, utilising multiple accounts and front companies in numerous jurisdictions. Faithfull was able to use knowledge gained when he worked in the regulated sector – as an investment advisor – to help the fraudsters.
UKRAINIAN EXTRADITED TO US TO FACE HACKING CHARGES
On 9 September, Rferl reported that Glib Ivanov-Tolpintsev, 28, a Ukrainian national, has been extradited to the US, where he faces charges of hacking and stealing computer passwords, He was arrested in Poland in October 2020. According to the indictment, Ivanov-Tolpintsev allegedly operated a botnet, a network of computers infected with malware and controlled without the owners’ knowledge.
https://www.rferl.org/a/us-ukraine-hacking-extradition-/31451275.html
SPANISH POLICE SEIZE 680 KG OF HASHISH ALONG COSTA DEL SOL
On 8 September, OCCRP reported that the National Police and tax authorities have seized 680 kg of hashish from a pleasure boat along the Costa del Sol, and which had lingered off the Moroccan coast until nightfall before crossing the Mediterranean to the Spanish port of Almería. The crew comprised 2 suspects of British and Dutch nationality.
https://www.occrp.org/en/daily/15124-spanish-police-seize-680-kilos-of-hashish-along-costa-del-sol
JAPAN EX-OFFICIAL GETS PRISON TERM IN CASINO BRIBERY CASE
On 7 September, AP reported that a Tokyo court has sentenced to 4 years in prison a former top government official for taking bribes from a gambling company. Tsukasa Akimoto had been a vice-minister in charge of tourism and casino promotions.
https://apnews.com/article/business-japan-9fb4b85edbfbb1b55ceb076340acc314
MOZAMBIQUE: INTERNATIONAL ARREST WARRANT FOR LEBANESE BUSINESSMAN JEAN BOUSTANI
On 2 September, All Africa reported that Jean Boustani is one of the key executives in the Abu Dhabi-based group, Privinvest. He is wanted in connection with Mozambique’s financial scandal, whereby 3 fraudulent, security-linked companies, Proindicus, Ematum (Mozambique Tuna Company) and MAM (Mozambique Asset Management), obtained over $2.2 billion in loans from the banks Credit Suisse and VTB of Russia, on the basis of illegal loan guarantees issued by the government of the time, led by then President Armando Guebuza, was largely orchestrated by Privinvest.
https://allafrica.com/stories/202109030347.html
HOW THE ‘WAR ON TERROR’ EXPOSED COMPLIANCE GAPS IN SWISS COMPANIES
On 8 September, Swissinfo carried an article saying that Swiss companies’ due diligence practices were put to the test amid the crackdown on terrorism that followed the 9/11 terrorist attacks.
BACK-TO-BASICS: US AML/CFT COMPLIANCE FOR A MONEY SERVICE BUSINESS (MSB) ENTITY (PART 1)
On 8 September, Marcos Tinedo published Part 1 of a new guide.
US BLOCKS $31.69 MILLION OF NORTH KOREA’S FUNDS
On 9 September, Arirang reported that last year the US blocked more than $30 million of North Korean funds, as part of an economic sanction programme targeting international terrorist organisations.
http://www.arirang.com/News/News_View.asp?nseq=283274
NEW PRIVACY LAW: 4 FACTORS YOU NEED TO BE AWARE OF WHEN DOING BUSINESS IN CHINA
An article from Wikborg Rein says that China has enacted its long-awaited privacy law – Personal Information Protection Law (PIPL), and provide 4 key takeaways in respect to similarities and differences from the EU GDPR and some possible impacts one needs to be aware of when doing business in China.
https://www.wr.no/en/news/new-chinese-privacy-law-pipl/
SYRIAN CEMENT PLANT AT CENTRE OF LAFARGE TERROR FINANCE INVESTIGATION IN FRANCE ‘USED BY WESTERN SPIES’
On 9 September, the Guardian reported that a Jordanian intelligence officer has said that the Lafarge factory was used by intelligence agencies to gather information on IS hostages. Lafarge is alleged to have made payments of protection and “taxation” in respect of the plant which may have funded IS.
US: MEXICAN NATIONAL SENTENCED FOR WILDLIFE TRAFFICKING
On 7 September, Homeland Security Today reported that Jorge Alonso Gutierrez, a citizen of Mexico was sentenced on September 3 to 3 years in prison to be followed by 3 years of supervised release for his role in a conspiracy to smuggle protected reptiles from Mexico to the US. Between April 2015 and February 2020, he either illegally transported or caused to be illegally transported wildlife across the US-Mexico border with a market value in excess of $3.5 million.
US CUSTOMS: DISPOSABLE GLOVES FROM MALAYSIA NOT PRODUCED BY FORCED LABOUR
On 9 September, KPMG reported that, following an investigation, US Customs & Border Protection had issued a notice announcing that certain disposable gloves from Malaysia are no longer mined, produced, or manufactured in any part with forced labour. The notice referred to certain disposable gloves, were mined, produced, or manufactured in Malaysia by Top Glove Corporation Bhd. This new notice overrides one from March on which CBP said that it had determined that the gloves had been produced with the use of convict, forced, or indentured labour, and were being, or were likely to be, imported into the US.
UK: CHECK IF AUTHORISED ECONOMIC OPERATOR (AEO) STATUS COULD BENEFIT YOU
On 9 September, HMRC published updated guidance to find out what types of AEO status you could apply for and their benefits if your business has role in the international supply chain. There are 2 types of status – Authorised Economic Operator Customs Simplification (AEOC); and Authorised Economic Operator Security and Safety (AEOS). You can apply for customs simplification or security and safety, or you can apply for both.
https://www.gov.uk/guidance/authorised-economic-operator-certification
US: 3 MEN CHARGED WITH CONSPIRING TO DEFRAUD INVESTORS AND FINANCIAL INSTITUTIONS AS PART OF AN ALLEGED $155 MILLION INTERNATIONAL FRAUD SCHEME STRETCHING THROUGH THE US, SOUTH AMERICA, AND EUROPE
On 9 September, a release on Mondo Visione advised that Roberto Gustavo Cortes Ripalda, 54, of Madrid; Fernando Haberer Bergson, 48, of Buenos Aires; and Ernesto Heraclito Weisson Pazmino, 53, of Miami had been arrested – Cortes and Haberer in Spain and Argentina. The case involves a firm called Biscayne Capital, and the defendants are said to have orchestrated a scheme to defraud Biscayne Capital clients and financial institutions through a series of material misrepresentations and omissions about, among other things, how Biscayne Capital client funds would be used. By September 2018, the alleged scheme collapsed, and Biscayne Capital went into liquidation, causing more than $155 million in losses to clients.
MORE THAN 100 COUNTRIES DEPEND ON COMMODITY EXPORTS
On 8 September, the UN Conference on Trade and Development published an article saying that heavy dependence on commodities has increased globally, leaving about two-thirds of developing countries vulnerable to economic shocks such as sharp commodity price fluctuations. The UNCTAD State of Commodity Dependence Report 2021 has been published and reveals that the nominal value of world commodity exports reached $4.38 trillion in 2018–2019, a 20% increase compared with 2008–2009.
https://unctad.org/news/more-100-countries-depend-commodity-exports
The report is at –
https://unctad.org/system/files/official-document/ditccom2021d2_en.pdf
Any modest contributions for my time and ongoing expenses are welcomed! I have a page where you can do so, and where one-off contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y
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