Month: December 2021

Panama Covid-19 – well, ending 2021 in an illustrative way – with 2 of the 4 people in our household isolating with Omicron. All 4 of us were tested on 30 December, with the 2 kids (actually grown-ups now, of course) testing positive, and my wife and I negative (for now at least). No-one, positive or negative, has any symptoms…I just hope our son is OK by the time of his rearranged flight back to UK (I originally came for 3 months to sort out things here and, thanks to Covid, never got back).

Yesterday’s figures, which were too late to comment on, showed an expected big rise. New cases showed an almost doubling to 2,664 (but only 2 new fatalities), but active cases soared by over 2,000 to 11,064. 23 patients are in ICU and 145 in other wards (actually an overall fall in numbers, though with 5 more of the patients being in ICU).

As for today, another 2,213 new cases and 1 new fatality. Like yesterday, a large number of tests (well over 20,000) with a high proportion of positive results (over 10%). Active cases are up again, at 12,868 (up 1,804 on yesterday) – but so far only 25 in ICU (up 2) and 148 in other wards (up 3).

31 DECEMBER 2021

UK ANTI-CORRUPTION STRATEGY: YEAR 3 UPDATE

On 31 December, the Home Office published this update which highlights the action taken in the 3^rd year of the UK anti-corruption strategy 2017-22, and covers the period up to and including 31 December 2020.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1041398/2021.12.15_Year_3_Update_to_the_Anti-Corruption_Strategy.pdf

KENYAN POLICE ARRESTED MAN WANTED BY INTERPOL FOR ALLEGEDLY SMUGGLING DOZENS OF MEN, WOMEN AND CHILDREN TO EUROPE

A news release from INTERPOL on 29 December advised that Kenyan police had arrested John Habeta in Nairobi on 16 December as part of a sting operation coordinated between authorities in the Netherlands and Kenya.  Sent to the Netherlands, the Dutch national remains in custody until trial where, if convicted, he faces a sentence of up to 8 years in prison.

https://www.interpol.int/News-and-Events/News/2021/People-smuggling-sting-operation-Kenya-Netherlands-cooperation-lands-renowned-fugitive-in-jail

US LOSING WAR ON CORRUPTION IN CENTRAL AMERICA

An article from Insight Crime on 30 December says that the US, under the Biden administration, was supposed to help curb corruption, but for corrupt officials in Central America, life has rarely looked better. This past year, the justice systems of both El Salvador and Guatemala have been hollowed out.

https://insightcrime.org/news/gamechangers-2021-us-losing-war-corruption-central-america/

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On 30 December, the UN added ASHRAF AL-QIZANI and JUND AL-KHILAFAH IN TUNISIA (JAK-T) to its ISIL (Da’esh)/Al-Qaida sanctions lists.  The former is a senior member of Islamic State in Iraq and the Levant (ISIL).  The latter was formed in November 2014, and is associated with ISIL.

https://www.un.org/press/en/2021/sc14755.doc.htm

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A news release from the WCO announced that HS 2022, which is the seventh edition of the Harmonized System (HS) nomenclature, and which is used worldwide for the uniform classification of goods traded internationally, shall enter into force on 1 January. The HS serves as the basis for Customs tariffs and for the compilation of international trade statistics in 211 economies. The new HS2022 edition makes some major changes to the Harmonized System with a total of 351 sets of amendments covering a wide range of goods moving across borders – and the news release identifies some of the highlights, including –

• Electrical and electronic waste (with specific provisions for its classification);
• New provisions for novel tobacco- and nicotine-based products (which resulted from the difficulties of the classification of these products, lack of visibility in trade statistics and the very high monetary value of this trade);
• Unmanned aerial vehicles (UAV), commonly referred to as drones, also gain their own specific provisions;
• Major reconfigurations for the subheadings for glass fibres and articles thereof, and for heading for metal forming machinery;
• Many new subheadings have been created for dual-use goods that could be diverted for unauthorised use (such as radioactive materials and biological safety cabinets, as well as for items required for the construction of IED, such as detonators);
• Flat panel display modules;
• Infectious disease outbreaks has led to changes (such as for diagnostic kits, placebos and clinical trial kits for medical research);
• A number of new provisions specifically provide for various dual use items – these range from toxins to laboratory equipment;
• Goods specifically controlled under various Conventions have also been updated (Chemical Weapons Convention, for certain hazardous chemicals controlled under the Rotterdam Convention and for certain persistent organic pollutants (POP) controlled under the Stockholm Convention); and
• New subheadings have been introduced for the monitoring and control of fentanyls and their derivatives as well as 2 fentanyl precursors.  

The amendments also include clarification of texts to ensure uniform application of the nomenclature. 

http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/hs-nomenclature-2022-edition/amendments-effective-from-1-january-2022.aspx

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Panama Covid-19 update – speaking on TV news the Health Minister has said that the issue of compulsory vaccination “is being discussed”. Meanwhile, the executive director of Health Services and Benefits of the Social Security Fund (CSS) has told the institutional directors, hospitals, polyclinics and other care units of the entity to make sure that the health facility “does not prescribe” Ivermectin and Hydroxychloroquine for the management of patients with Covid-19.

Not surprising anyone, the health ministry has also confirmed that Panama is now seemingly in a “fourth wave” os the pandemic, and that so far 46 Omicron (apparently it is officially SARS-CoV-2 virus (B.1.1.529)) cases have been confirmed.

No data on new cases today yet…

30 DECEMBER 2021

HMRC FRAUD SQUAD TAKES BACK £1 BILLION FROM OFFENDERS

A news release from HMRC on 30 December advised that more than £1 billion has been recovered from the proceeds of crime and tax offenders since the formation of a specialist HMRC fraud squad – launched in April 2016, as the department’s Fraud Investigation Service (FIS).

https://www.gov.uk/government/news/hmrc-fraud-squad-takes-back-1-billion-from-offenders

GARUDA INDONESIA INVESTIGATED FOR ALLEGED AIRPLANE LEASE CORRUPTION

On 30 December, Tempo reported that the Attorney General’s Office (AGO) is reportedly investigating a suspected corruption case within Garuda Indonesia, which involves aircraft lease.

https://en.tempo.co/read/1544892/garuda-indonesia-investigated-for-alleged-airplane-lease-corruption

VIETNAM: FORMER HANOI LEADER BROUGHT TO TRIAL OVER POWER ABUSE

On 28 December, the Phnom Penh Post reported that former Hanoi People’s Committee chairman Nguyen Duc Chung was brought to trial on December 27 on a charge of “abusing position and power while performing duties”.  The case involved illegal interference in bidding activities, enabling the Nhat Cuong company to win contracts.  Chung is said to have abused his position and power to illegally interfere in bidding activities for a deal on the digitisation of business registration documents in 2016 at the Vietnamese capital’s Department of Planning and Investment.

https://www.phnompenhpost.com/international/former-hanoi-leader-brought-trial-over-power-abuse

SYRIAN PRIVATE AIRLINES COMPANY “CHAM WINGS” INCREASES ACTIVITY DESPITE SANCTIONS

On 28 December, Enabbaladi reported that sanctions imposed on the Syrian Cham Wings Airlines company have failed to limit its apparent activity.

https://english.enabbaladi.net/archives/2021/12/syrian-private-airlines-company-cham-wings-increases-activity-despite-sanctions/

ASSUNTA MARESCA, FIRST FEMALE BOSS IN CAMORRA MAFIA, DIES AGED 86

On 30 December, the Guardian reported that a former beauty queen who shot to fame when she killed her husband’s killer in Naples at the age of 18 and went on to become the first female boss in Italy’s powerful Camorra mafia clan has died aged 86.

https://www.theguardian.com/world/2021/dec/30/assunta-maresca-first-female-boss-in-camorra-mafia-dies-aged-86

MALTA: MAGISTRATE SAYS THERE IS SUFFICIENT EVIDENCE TO INDICT 2 LIBYAN MEN AND 5 COMPANIES ACCUSED OF USING HAWALA MONEY TRANSFER SYSTEM TO LAUNDER MONEY

On 30 December, Malta Today reported that a magistrate has decreed that there is sufficient evidence to indict, noting they had declared zero income to the authorities, whilst depositing hundreds of thousands in their respective bank accounts and registered 25 luxury vehicles in their names.

https://www.maltatoday.com.mt/news/court_and_police/114095/hawala_money_laundering_magistrate_rules_there_is_a_case_to_answer#.Yc42FGDMKUk

“ECONOMIC COERCION”—NEW EU JARGON FOR LOBBYING BY THIRD COUNTRIES

An article from Dentons on 30 December asks if the European Commission’s proposed Regulation to prevent foreign government economic coercion measures ever work in practice?

https://www.jdsupra.com/legalnews/economic-coercion-new-eu-jargon-for-6932549/ 

INDIAN NUCLEAR MISSILE PROLIFERATION: EFFECT ON SOUTH ASIAN STRATEGIC STABILITY

On 30 December, an Opinion piece from Eurasia Review says that the proliferation of supersonic and hypersonic weapons is echoing in South Asia which could be disastrous for the regional peace and stability.

https://www.eurasiareview.com/30122021-indian-nuclear-missile-proliferation-effect-on-south-asian-strategic-stability-oped/

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removed from its sanctions list – including the late Manuel Noriega.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20211230

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On 29 December, a news release from the UN advised that the entries were amended following the 2020 Annual Review conducted in accordance with paragraph 86 of Resolution 2368 (2017).

https://www.un.org/press/en/2021/sc14753.doc.htm

Panama Covid-19 update – new cases continue to rise – active cases up by a further 1,131 today to 8,789 – over double what they were on 19 December, and 4 times the figure a month before in November. 1.348 new cases added and 3 new fatalities, with 18 patients only (so far) in ICU and 161 in other wards (up 14).

Meanwhile, the Attorney General has advised the health ministry that it has the power to introduce mandatory vaccination, if necessary.

29 DECEMBER 2021

THE BEHAVIOURAL CODE: 4 BEHAVIOURAL SCIENCE INSIGHTS FOR COMPLIANCE AND ENFORCEMENT

On 28 December, the Compliance & Enforcement blog from the Program on Corporate Compliance and Enforcement at the New York University School of Law produced a post in which it provides, it says, courtesy of a recently published book, key insights from behavioural science, releasing them from the paywalls of academic journals and translating them into jargon-free and accessible narratives to show what works, what does not work, and where we are still unsure – Stricter punishment alone is not enough; Compliance follows social context; Organisations need support to follow the law; and Better compliance requires reducing opportunities for violations.

https://wp.nyu.edu/compliance_enforcement/2021/12/28/the-behavioral-code-four-behavioral-science-insights-for-compliance-and-enforcement/

SETTING ASIDE JUDGMENTS FOR FRAUD

On 21 December, Herbert Smith Freehills reported on a recent Court of Appeal decision in which the Court had allowed a party to proceed with an action seeking to set aside a default judgment against him in earlier proceedings on the basis that the judgment was procured by fraud, and saying that, prior to the original proceedings, the party was aware of the factual circumstances now relied on to plead fraud did not mean that the action was an abuse of process.

https://hsfnotes.com/litigation/2021/12/21/setting-aside-judgments-for-fraud-court-of-appeal-considers-what-level-of-prior-knowledge-will-disentitle-the-innocent-party/#page=1

THE NETHERLANDS TO INTRODUCE MANDATORY HUMAN RIGHTS DUE DILIGENCE LEGISLATION

On 28 December, Mayer Brown reported that the Netherlands became the latest European government to announce plans to introduce mandatory human rights and environmental due diligence (HREDD) legislation at a national level.  It points out that France, Germany and Norway have enacted or adopted such laws and that Austria and Switzerland, among others are progressing their own national HREDD laws.

https://www.eyeonesg.com/2021/12/business-and-human-rights-the-netherlands-to-introduce-mandatory-human-rights-due-diligence-legislation/#page=1

PANAMA MARITIME AUTHORITY RECOVERS $10.4 MILLION IN WAGES OWED TO SEAFARERS

On 29 December, Mundo Maritimo reported that the Panama Maritime Authority (AMP) has announced that from 1 July 2019 to 27 December 2021it recovered $10,447,142.25 in payment of wages owed by shipowners to seafarers sailing on ships of the Panama Ship Registry, an increase of 279% compared to the end of 2020.

https://www.mundomaritimo.cl/noticias/autoridad-maritima-de-panama-recupera-us104-millones-en-salarios-adeudados-a-la-gente-de-mar

CHINA MODERNISES EXPORT CONTROL FOR NATIONAL SECURITY AND INTERNATIONAL OBLIGATIONS

On 29 December, CGTN and others reported that China had issued its first white paper on export controls to give a full picture of related policies and help the international community better understand its position. The main body of the white paper consists of 4 parts: China’s basic position on export control, continuous improvement of the legal and regulatory system for export control, modernisation of the export control system, and international exchanges and cooperation.

https://news.cgtn.com/news/2021-12-29/China-releases-white-paper-on-export-control-16nzXH1BeoM/index.html

https://news.cgtn.com/news/files/Full-Text-China’s-Export-Controls.pdf

https://www.straitstimes.com/asia/east-asia/china-issues-first-white-paper-on-export-controls

BALANCING US EXPORT CONTROL COMPLIANCE WITH ANTI-DISCRIMINATION LAWS

On 21 December, an article from Hogan Lovells points out that the release of data to a foreign person, even within US borders, is deemed by US export control laws to be an export to the recipient’s country of permanent residency or citizenship; and delivery of export-controlled data in a foreign country to a permanent resident or citizen of a third country can be a “deemed export” or “deemed re-export” re-export to that third country.  Export screening of such must be conducted consistent with anti-discrimination and privacy laws in the US and abroad.  This article addresses US anti-discrimination provisions most relevant to organisations that must comply with US export control regulations.

https://www.jdsupra.com/legalnews/export-controls-and-immigration-1538068/

IRELAND: RETAILERS ARE WORRIED THAT TOBACCO SMUGGLING IS ON THE RISE

On 29 December, Kildare Now reported that a significant spike in cigarette and tobacco seizures during 2021 suggests that the black market is more lucrative than ever.

https://www.kildarenow.com/news/home/712159/retailers-are-worried-that-tobacco-smuggling-is-on-the-rise.html

SWITZERLAND DELISTS JEAN-CLAUDE KAZEMBE MUSONDA, THE FORMER GOVERNOR OF HAUT-KATANGA, FROM DRC SANCTIONS

On 29 December, the EU Sanctions blog reported that Switzerland had delisted the leader of the CONAKAT party who died in July from its DRC sanctions list.

https://www.europeansanctions.com/2021/12/switzerland-de-lists-former-drc-official/

BELGIAN COURT REJECTS A REQUEST BY SPANISH AUTHORITIES TO EXTRADITE A FUGITIVE RAPPER SENTENCED TO JAIL FOR ALLEGEDLY PRAISING TERRORISM IN HIS SONGS

On 28 December, EurActiv reported that Jose Miguel Arenas Beltran — better known as “Valtonyc” — fled to Belgium in 2018 after being handed a 3½-year jail term on charges of glorifying terror, insulting the king and making threats in his lyrics.

https://www.euractiv.com/section/justice-home-affairs/news/belgium-refuses-extradition-of-fugitive-spanish-rapper/

SOMALIA CRISIS: PRIME MINISTER REFUSES TO LEAVE OFFICE

On 29 December, the National Interest reported that President Mohamed Abdullahi Mohamed of Somalia claimed that he had suspended the country’s prime minister, Mohammed Hussein Roble, on suspicion of corruption; but Roble refused to recognise this move and claimed that it came as part of an attempted coup d’etat plan by Mohamed.  There is some concern that security forces loyal to Mohamed and Roble might become violent if the current dispute is not resolved. 

https://nationalinterest.org/blog/buzz/somali-prime-minister-refuses-leave-office-deepening-political-crisis-198687

KUWAIT JAILS 6 JUDGES OVER MONEY LAUNDERING

On 29 December, Middle East Monitor reported that a Kuwaiti criminal court yesterday sentenced 6 judges to 5 and 15 years in prison for “bribery, forgery and money laundering”.

https://www.middleeastmonitor.com/20211229-kuwait-jails-6-judges-over-money-laundering/

ASIA PACIFIC REMITTANCES UP 6.7% IN 2021 AND 5.9% IN 2022

On 29 December, Hellenic Shipping News reported that remittances to the Asia Pacific region from citizens working abroad could grow 6.7% this year and 5.9% next year, after a 2% slump in 2020, underpinned by further easing of COVID-19 curbs in advanced economies, according to the Asian Development Bank.  In absolute terms, remittances to the region were expected to rise by $21.2 billion this year and $19.8 billion next year.

https://www.hellenicshippingnews.com/adb-sees-asia-pacific-remittances-up-6-7-in-2021-5-9-in-2022/

CANADIAN COMPANY DISMANTLES $12 MILLION SOLAR PLANT IN UKRAINE AMID DISPUTE WITH TYCOON

On 28 December, Rferl reported that a Canadian company, TIU Canada, has dismantled one of its multimillion-dollar solar investments in Ukraine following a dispute with a powerful tycoon, Ihor Kolomoyskiy, believed to be close to the presidential administration in a case that has underscored the country’s troubled investment climate.

https://www.rferl.org/a/ukraine-canadian-solar-kolomoyskiy/31630301.html

SINGAPORE: FORMER BANK WORKER JAILED FOR EMBEZZLING S$1.13 MILLION, REPLACED NOTES WITH FAKE ONES AND BLANK PAPER

On 20 December, Channel News Asia reported that, for over 2 years, a banking operations specialist pocketed a total of S$1.13 million from his company’s safe either by withdrawing more cash than was allowed for customers or by replacing genuine notes with fake currency and blank sheets of paper.  Tan Chen Yen, 38, has been sentenced to seve7n years and 5 months’ jail.

https://www.channelnewsasia.com/singapore/bank-worker-jailed-embezzlement-fake-counterfeit-notes-blank-paper-2391166

KENYA COURT ORDERS RETURN OF $13 MILLION IN SEIZED ROSEWOOD TO SUSPECTED TRAFFICKERS

On 28 December, Mongabay reported that, in November, a Kenyan court ordered the release of 646 tonnes of Malagasy rosewood (Dalbergia spp.), worth up to $13 million, to a Hong Kong-based company from which it had been seized in 2014 by Kenyan authorities. It is said that the company is using false documentation to ship the rosewood from Kenya to Taiwan.  It is said that the case underscored the difficulties of enforcing regulations where governments and implementing agencies in multiple countries need to coordinate to bring perpetrators to justice. In Kenya, the protracted legal battle has also exposed a lack of coordination between its own departments.

https://news.mongabay.com/2021/12/kenya-court-orders-return-of-13m-in-seized-rosewood-to-suspected-traffickers/

TALIBAN FACTION IN PAKISTAN SPREADS TERROR THROUGH EXTORTION

On 28 December, the Global Initiative Against Transnational Organised Crime reported that militants from a Pakistani insurgent group – Tehrik-i-Taliban Pakistan (TTP) – with ties to the Taliban are forcing victims to pay exorbitant fees or risk facing mortal consequences. 

https://globalinitiative.net/analysis/taliban-pakistan-terror-extortion/

HOW AUSTRALIA’S FAR RIGHT USES CRYPTOCURRENCIES TO MONETISE HATE ONLINE

On 27 December, the Guardian referred to earlier research that showed that a sample of Australian channels that share right-wing extremist content on the chat app Telegram, and found links to at least 22 online funding tools.  These included donation requests via wallet addresses for cryptocurrencies such as bitcoin, monero, ethereum and litecoin.  It says that recent analysis by the Southern Poverty Law Center (SPLC) found a cohort of white supremacists largely originating from North America has likely generated “a substantial profit” from bitcoin by getting in early, giving them access to funds “that would almost certainly be unavailable to them without cryptocurrency”.

https://www.theguardian.com/technology/2021/dec/28/how-australias-far-right-uses-cryptocurrencies-to-monetise-hate-online

NICARAGUA’S FLIP TO CHINA: WHAT DOES IT MEAN FOR THE REGION?

On 10 December, Global Americans posed this question saying that Nicaragua’s diplomatic flip from Taiwan to the PRC, announced on 9 December, was almost inevitable, but it will accelerate a worrisome trend in parts of the Western Hemisphere closest to the US to a China-funded form of authoritarian populism. 

https://theglobalamericans.org/2021/12/nicaraguas-flip-to-china/

A CLOSER LOOK AT COLOMBIA’S ILLEGAL, ARTISANAL, AND SMALL-SCALE MINING

On 20 December, an article from CSIS says that throughout the Colombian Amazon, a region rich in biodiversity and natural resources, local communities and the environment have come under siege by criminal actors engaged in illegal mining. It says that, in Colombia, illegal mining manifests as a tangled web comprised of local production, export, and smuggling from neighbouring Venezuela. Revenues from these various operations fuel guerrilla groups like the National Liberation Army (ELN) and the dissident members of the Revolutionary Armed Forces of Colombia (FARC), which increasingly rely on gold to fill their coffers.

https://www.csis.org/analysis/closer-look-colombias-illegal-artisanal-and-small-scale-mining

DEFECTORS’ REMITTANCES TO NORTH KOREA DOWN 18% IN 2021 AMID PANDEMIC

On 29 December, The Korea Herald reported that a South Korean NGO said that remittances from North Korean defectors to their families living across the inter-Korean border fell by 18.2%.  A poll showed that 20.9% sent money back to their families and relatives in North Korea this year, which was a 5.7 percentage-point decrease from 2020.

http://www.koreaherald.com/view.php?ud=20211229000455

PODCAST: OUR FAVORITE WINE FRAUDSTER

In the latest TRACE podcast, a rerun of a 2019 one with Peter Hellman, who describes Rudy Kurniawan’s audacious scheme to defraud wine collectors in his excellent book, “In Vino Duplicitas: The Rise and Fall of a Wine Forger Extraordinaire”.

https://www.traceinternational.org/resources-podcast

9 PHOENIX-AREA PEOPLE INDICTED FOR $23 MILLION PAYMENT PROTECTION PROGRAM FRAUD

A news release from US Immigration Customs & Enforcement on 17 December said that a federal grand jury had previously indicted them in connection with a fraudulent scheme to obtain approximately $23 million in Paycheck Protection Program (PPP) loans.  The 9 defendants are accused of then using those PPP funds to purchase vehicles, properties, and other luxurious items.  According to the indictments, from April 2020 through April 2021, the conspirators in this scheme submitted or assisted in submitting PPP loan applications on behalf of 18 businesses, seeking loans between $100,000 and $2.2 million for each company.

https://www.ice.gov/news/releases/9-phoenix-area-people-indicted-payment-protection-program-fraud

US ADOPTS WIDE-RANGING CHINA RESTRICTIONS

On 29 December, a Client Alert from Wilmer Hale said that several US executive branch agencies and the US Congress have adopted wide-ranging end-of-year sanctions, export control and supply-chain restrictions targeting the Chinese national security complex, high-technology entities and firms enabling human rights abuses in Xinjiang.  Collectively, these measures reflect growing bipartisan concern about US investment in, export to and commercial support of certain Chinese military and industrial activities that have been determined to undermine US national security interests—as well as China’s human rights violations.

https://www.wilmerhale.com/en/insights/client-alerts/20211229-united-states-adopts-wide-ranging-china-restrictions

ON SYRIA’S RUINS, A DRUG EMPIRE FLOURISHES

On 5 December, the New York Times carried an article about an illegal drug industry run by powerful associates and relatives of President Bashar al-Assad has grown into a multibillion-dollar operation, eclipsing Syria’s legal exports and turning the country into the world’s newest narcostate.  Its flagship product is captagon, an illegal, addictive amphetamine popular in Saudi Arabia and other Arab states.

https://www-nytimes-com.cdn.ampproject.org/c/s/www.nytimes.com/2021/12/05/world/middleeast/syria-drugs-captagon-assad.amp.html

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Panama Covid-19 update – Panama has followed other place sin reducing the Covid quarantine period to 5 days (it was originally 14 days, then 10 days)…

New cases today are more than double the number of yesterday – is it Omicron or is it the effects of the holiday season? 1,354 new cases and 2 new fatalities. There were 12,350 tests carried out during the previous 24 hours showed a 11% percentage of positive results , a rate even higher than the relatively high rates of recent days. The number of active cases has risen by 912 to 7,858, with still only (so far) 20 in ICU and 147 in other wards, with 163 more in the so-called “hospital hotels”.

28 DECEMBER 2021

NICARAGUA: PRESIDENT ORTEGA EXPROPRIATES FROM ARCHDIOCESE ASSETS DONATED BY TAIWAN

On 27 December, La Prensa reported that assets donated by the Taiwanese embassy in Nicaragua to the Archdiocese of Managua, including the headquarters where it operated, were expropriated by the Nicaraguan government. The intention was reported to transfer the assets to the Chinese government, and comes after the Ortega regime ended recognition of Taiwan.

https://www.prensa.com/mundo/ortega-expropia-a-la-arquidiocesis-de-managua-los-bienes-donados-por-taiwan/

GUERNSEY AND JERSEY JOINT GUIDANCE ON ECONOMIC SUBSTANCE AND PARTNERSHIPS

On 27 December, Walkers published this briefing, saying that Guernsey and Jersey (along with the Isle of Man) have published joint guidance on the application of economic substance requirements to partnerships.  Both Guernsey and Jersey implemented legislation extending economic substance to partnerships earlier this year. The legislation, effective from 30 June, brought partnerships into scope of economic substance requirements for accounting periods commencing on or after 1 January 2022, although partnerships formed on or after 1 July 2021 are in scope immediately on formation where they conduct activities that trigger the economic substance requirements.  The briefing focuses on what the Guidance covers and how it provides further clarity on the extension of economic substance requirements to partnerships.

https://s3.amazonaws.com/documents.lexology.com/28041f87-3fcd-4d21-8bfb-78d2e238f046.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1640693075&Signature=f4U%2BGPRlpm5IeBUlttpw0eDfruw%3D

DUBAI CAN’T SHAKE OFF THE STAIN OF SMUGGLED AFRICAN GOLD

On 28 December, Yahoo Finance reported that the UN and NGO have long questioned the apparent role of one of the Emirates — Dubai — in facilitating the trade by closing its eyes to imports from dubious sources.  The UAE strenuously denies any involvement in illegal practices – but as global scrutiny over corporate governance intensifies, the extent of the smuggling now under way poses increasingly uncomfortable questions for Dubai and its reputation as a gold trading hub.

https://finance.yahoo.com/news/dubai-t-shake-off-stain-050114473.html

IRELAND: JUDGE SAYS ‘FATHER TED DEFENCE’ NOT CREDIBLE IN MONEY MULE CASE

On 27 December, the Southern Star in Cork reported that a District Court judge has told a media graduate charged with money mule offences that the ‘Fr Ted defence’ of money ‘only resting in my account’ is not sustainable.  He pleaded guilty to a charge of money laundering, whereby a sum of €100,000 was lodged into his account before being moved out again.

https://www.southernstar.ie/news/judge-says-fr-ted-defence-not-credible-in-money-mule-case-4235555

INTERNATIONAL AGREEMENT TO HARMONISE TAX RATES: MIXED VIEWS ON THE EXTENT OF THE REAL-WORLD IMPACT FOR PHARMA COMPANIES HEADQUARTERED IN JURISDICTIONS LONG CONSIDERED TAX HAVENS

On 28 December, Pharmaceutical Technology published an article about the OECD “Two-Pillar solution” plan to harmonise tax rates internationally and will go into effect in 2023.  It says that the OECD deal includes territories like Cayman Islands, Bermuda, and Isle of Man, which have very low or 0% tax rates, giving a financial incentive for pharma companies to be incorporated there.  It says that if the 15% minimum tax rate were to be introduced, the incentive for pharma companies to shift profits to former tax havens is going to be much reduced, but that countries could bring in alternative financial incentives to retain pharma companies.  The article notes that IP is an important component of pharma companies’ tax strategies, and one that another section of the OECD agreement seeks to address. 

https://www.pharmaceutical-technology.com/features/a-cloudy-day-in-paradise-for-pharma-tax-havens-in-cayman-islands-bermuda/

BELGIUM: TAX AUTHORITIES WILL FIND IT EASIER TO INVESTIGATE BANKS FOR SUSPECTED COMPLICITY IN TAX FRAUD FROM JANUARY

On 28 January, the Brussels Times reported that a new law provides that information to be declared includes not only account balances, but also loans based on the account, as well as life assurance contracts held by account-holders.  The details will be delivered twice a year, to make any investigation possible without first passing through the legal hurdles required previously.

https://www.brusselstimes.com/news/belgium-all-news/199565/from-january-easier-for-taxman-to-snoop-on-bank-accounts

​HONG KONG CUSTOMS ARREST 2 PERSONS SUSPECTED OF ENGAGING IN MONEY LAUNDERING ACTIVITIES INVOLVING ABOUT $384 MILLION

A news release from the Hong Kong Government on 28 December advised that Customs officers targeted a woman and her younger brother who were suspected of using personal bank accounts and a cryptocurrency exchange trading platform in dealing with money from unknown sources and participating in money laundering activities. 

https://www.info.gov.hk/gia/general/202112/28/P2021122800607.htm

NEW AFRICAN PORT FOR CHINA ON THE ATLANTIC

On 27 December, an article from Eurasia Review says that China is building a new military port on Africa’s Atlantic coast.  The port at Bata in Equatorial Guinea is set to become China’s first permanent military presence on the coast of West Africa.

https://www.eurasiareview.com/27122021-new-african-port-to-put-china-across-the-atlantic-from-the-us-analysis/

CHINA THREATENS TO FINE FOREIGN FISHERMEN IN SOUTH CHINA SEA WATERS IT CLAIMS

On 28 December, Eurasia Review reported that the Chinese government has issued a new regulation threatening hefty fines on activities of foreign fishermen in China’s claimed “jurisdictional waters”. 

https://www.eurasiareview.com/28122021-china-threatens-to-fine-foreign-fishermen-in-south-china-sea-waters-it-claims/

INDIA: RAID ON PERFUME MERCHANT, ENFORCEMENT DIRECTORATE MAY FILE MONEY LAUNDERING CASE TOO

On 27 December, Opindia reported that raids conducted at the residences of Perfume Merchant Piyush Jain by the Directorate General of GST Intelligence (DGGI) and Income Tax department officials have further led to the recovery further unaccounted cash. 

https://www.opindia.com/2021/12/raid-perfume-piyush-jain-284-crores-seized-ed-money-laundering/

IRAN HALTS AUTHORISED CRYPTO MINING TO SAVE ENERGY FOR WINTER

On 27 December, the Coin Telegraph reported that the chairman and managing director of Iran Grid Management Company (Tavanir) has announced that Iran is shutting down crypto mining centres again to reduce liquid fuel consumption in power plants amid decreasing temperatures.  Iran is one of the world’s biggest crypto mining countries, accounting for an estimated 4.5%–7% of the global Bitcoin hash rate. 

https://cointelegraph.com/news/iran-halts-authorized-crypto-mining-to-save-energy-for-winter

SPANISH-LEBANESE ARMS DEALER WANTED FOR TAX FRAUD REPORTED TO ACCOMPANY FORMER KING JUAN CARLOS I IN ABU DHABI

On 27 December, El Pais reported that Abdul Rahman El Assir, 71, who stands accused of evading millions in taxes, is thought to be using his old friendship with the ex-monarch as a ‘shield’ given his legal problems.  He has been living in Abu Dhabi for several months, and often accompanies Spain’s former King, Juan Carlos I, in the private complex where the latter has been living.

https://english.elpais.com/spain/2021-12-27/spanish-lebanese-arms-dealer-wanted-for-tax-fraud-reported-to-accompany-former-king-juan-carlos-i-in-abu-dhabi.html

HUMANITARIAN EXEMPTIONS TO US SANCTIONS DO LITTLE TO PREVENT COLLAPSE OF AFGHANISTAN’S ECONOMY

An article from The Intercept on 28 December was concerned with a crisis has left nearly 23 million people in extreme hunger, and at least 1 million children under the age of 5 are now facing the immediate threat of starvation, according to the UN.  The Biden Administration defends the sanctions by pointing to a series of exemptions designed to allow humanitarian aid.  However, it says that those humanitarian exemptions, overseen by OFAC, are nowhere near enough, according to experts.

https://theintercept.com/2021/12/28/afghanistan-economy-collapse-us-sanctions

INSIDE MEXICO’S LAWSUIT TARGETING US GUN COMPANIES

An article from The Intercept on 27 December reminded one that Mexico’s Ministry of Foreign Affairs led a team of lawyers in filing a historic lawsuit in August, accusing some of the US most well-known gun companies of lethal negligence on a mass scale. The gun-makers argued that a 2005 law that the National Rifle Association considers one of its greatest legislative achievements, which grants “broad immunity” to gun companies in gun violence lawsuits, is not bound by borders. 

https://theintercept.com/2021/12/27/mexico-gun-lawsuit-us-gunmakers

WHAT’S BEHIND THE ARMS BUILD-UP IN THE BALKANS?

On 28 December, an article on War on the Rocks posed this question, saying that last May Croatia bought a dozen used Rafale fighter jets for $1.2 billion, and in October The Economist said Serbia’s “weapons shopping spree” and $1.4 billion-a-year military budget were “a Balkans arms race”.  It argues that while Serbia and Croatia are indeed rapidly building up their respective arsenals, describing this as a simple arms race misunderstands the dynamic at play.

https://warontherocks.com/2021/12/whats-behind-the-arms-buildup-in-the-balkans

UYGHUR FORCED LABOR PREVENTION ACT: 3 KEY POINTS

An article from Orrick, Herrington & Sutcliffe LLP on 28 December highlighted 3 key takeaways from the Act – presumption of use of forced labour; expected guidance to importers; and steps importers can take now.

https://www.jdsupra.com/legalnews/uyghur-forced-labor-prevention-act-6305420/

Meanwhile –

A NEW FRONTIER IN SUPPLY CHAIN DILIGENCE: UYGHUR FORCED LABOR PREVENTION ACT BECOMES LAW

This article, also on 28 December, from Jenner & Block is also concerned with the new Act which aims to “ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market”. 

https://www.jdsupra.com/legalnews/a-new-frontier-in-supply-chain-4242012/

FORMER SENIOR SALVADORAN ANTI-CORRUPTION PROSECUTOR SAYS SALVADORAN GOVERNMENT QUASHED PROBE OF GANG PACT

On 28 December, Al Jazeera reported that German Arriaza, who headed an anti-corruption unit within the Attorney General’s Office, said the government shut down his unit’s investigation into its alleged negotiations with violent street gangs to help expand its power, as the US steps up pressure on the country over those talks.

https://www.aljazeera.com/news/2021/12/28/el-salvador-gangs

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Panama Covid-19 update – amid warning from the authorities, and despite claims that at least 3,000 lives have been saved by the vaccination programme, numbers show increases again today – and the positive results from the testing centres continue to be much higher (8.9% today from 6,388 tests) than in November, where positive test results were only around 2-4%. The Christmas and New Year holidays are bound to result in further rises – as the holidays in November did – in due course, and that is without factoring in the potential effect of the new Omicron variant.

Today, 574 new cases added, with there now being 6,946 active cases (so up by another 314 over yesterday) and 2 new fatalities. Hospitalisations remain relatively low, with still only 19 in ICU nationwide, and 148 in other wards (though the latter figure was averaging less than 100 in November).

27 DECEMBER 2021

HOUSING COMPANY THAT DEFRAUDED US MILITARY ORDERED TO PAY $65 MILLION

On 26 December, Military.com reported that Balfour Beatty Communities LLC, one of the largest private companies that manages US military family housing, has been ordered to pay nearly $32 million in restitution after pleading guilty to fraud.  It was also ordered to pay $33.6 million in criminal fines and will go on probation for 3 years, during which it will undergo close monitoring for compliance.

https://www.military.com/daily-news/2021/12/26/housing-company-defrauded-military-ordered-pay-65-million.html?ESRC=eb_211227.nl

UK: DIGITAL ID DOCUMENT VALIDATION TECHNOLOGY (IDVT) FROM 6 APRIL

A news release from the Home Office on 27 December announced that from 6 April, IDVT will be introduced to support employers and landlords with right to work, right to rent and pre-employment checks.  It enables employers and landlords (letting agents) to use certified identification document validation technology (IDVT) service providers to carry out digital identity checks.

https://www.gov.uk/government/publications/digital-identity-document-validation-technology-idvt

COURT OF APPEAL: CPS ‘MISUNDERSTOOD’ LAW ON ILLEGAL ENTRY INTO UK

On 23 December, the Law Society Gazette reported that 3 asylum seekers who were jailed after they were intercepted crossing the English Channel had their convictions overturned by the Court of Appeal, which held that the Crown Prosecution Service misunderstood the law on facilitating illegal entry into the UK.  Where a person disembarks at a port and remains within its ‘approved area’, they do not ‘enter’ the UK, and an asylum seeker who merely attempts to arrive at the frontiers of the UK in order to make a claim is not entering or attempting to enter the country unlawfully. 

https://www.lawgazette.co.uk/news/cps-misunderstood-law-on-illegal-entry-into-uk-court-of-appeal-rules/5111022.article

SOMALIA: PRESIDENT ‘SUSPENDS’ PRIME MINISTER MOVER LAND FRAUD ALLEGATIONS

On 27 December, Deutsche Welle and others reported that President Mohamed Abdullahi Mohamed has suspended the powers of Prime Minister Roble over accusations of corruption, as the 2 leaders clashed over delays in ongoing elections.  A statement accused Roble of interfering with an investigation into a land-grabbing case.  The elections, which began on 1 November, were supposed to be over by 24 December 24. but a newly-elected parliamentarian said that only 24 of 275 lawmakers had been elected by 25 December.

https://www.dw.com/en/somalia-president-suspends-prime-minister-amid-tensions-over-elections/a-60261851

http://saharareporters.com/2021/12/27/somali-president-suspends-prime-ministers-powers-accuses-him-land-fraud

WITHHOLD RELEASE ORDERS (WRO): HOW US FORCED LABOUR LAWS ARE BEING RESURRECTED FOR TRADED GOODS IN THE 21^st CENTURY

An article from Clark Hill PLC on 24 December followed Congress passed legislation explicitly prohibiting imports from China’s Xinjiang region of goods produced by forced labour.  The article explains that, under US law, the importation of goods mined, manufactured, or produced “in whole or in part” in any foreign country by convict, forced, or indentured labour, including forced child labour, is forbidden.  It notes that, between, 2016-2021, US Customs issued 34 WRO on goods from 7 countries and fishing vessels, 50% of which occurred in 2020 alone (15) and 2021 (7).

https://www.jdsupra.com/legalnews/withhold-release-orders-how-forced-8186068/

GIBRALTAR MOVES TO BECOME WORLD’S FIRST CRYPTOCURRENCY HUB

On 27 December, the Guardian carried a feature saying that regulators are reviewing a proposal that would prompt blockchain firm Valereum to buy the Gibraltar Stock Exchange – meaning the territory could soon host the world’s first integrated bourse, where conventional bonds can be traded alongside major cryptocurrencies such as bitcoin and dogecoin.  It is said that, if all goes to plan, the enclave could become a global cryptocurrency hub; if the controls set by the small team of regulators fail, it risks reputational damage and ultimately diplomatic sanctions that could threaten its economy.

https://www.theguardian.com/technology/2021/dec/27/blockchain-rock-gibraltar-moves-to-become-worlds-first-cryptocurrency-hub

SOUTH AFRICA: CHANGES TO EXCHANGE CONTROL

An article from CMS Law on 23 December reported that, in the 2020 budget speech, the South African government announced that the current exchange control regime would be replaced by a new capital flow system, and that most cross-border transactions would no longer require approval, with approvals being phased out over time.  Saying that the proposal appears to be progressing, it asks why it is important and what it means.

https://www.cms-lawnow.com/ealerts/2021/12/should-i-care-about-the-changes-to-exchange-control

BOSNIA: IS 2022 GOING TO BE THE YEAR EVERYTHING FALLS APART?

An article from Rferl on 16 December posed this question, saying that in 2021 fears intensified of a messy dissolution of Bosnia, which is still governed under the terms of a 1995 peace treaty known as the Dayton agreement that divides the country into a Bosniak and Croat federation and a majority Serb entity, Republika Srpska – with a constitutional crisis and threats of secession from Bosnian Serbs, along with planned boycotts of next year’s national elections.  Some Bosnians, and many outside observers, have wondered aloud whether 2022 could even see a descent into armed conflict (again).

https://www.rferl.org/a/bosnia-crises-secession-reform/31612425.html

UK: LUXURY MAYFAIR AND KENSINGTON PROPERTIES TO BE SOLD IN £250 MILLION FRAUD BATTLE

On 24 December, the Evening Standard reported that the High Court has ruled that a portfolio of luxury London properties be sold off and £72 million seized from a Swiss bank account in the pursuit of £300 million stolen by the former head of an international paper company.  It says that Kazakstan-based KK Group has spent years chasing its former chief executive, Maksat Arip, after he was found to have siphoned off huge sums of money with the help of CFO Shynar Dikhanbayeva.  It notes that Arip has already been found guilty of contempt of court in his absence and sentenced to 2 years in prison for failing to hand over a collection of valuable wrist watches.

https://www.standard.co.uk/news/uk/mayfair-kensington-belgravia-kk-group-high-court-fraud-kazakstan-b973419.html

SWISS COURT CONFISCATES FUNDS LINKED TO UZBEK EX-PRESIDENT’S DAUGHTER

On 23 December, Swissinfo reported that the Federal Criminal Court has ordered the confiscation of over $293 million belonging to Takilant, a shell company linked to Gulnara Karimova. The court concluded that a large part of this sum had to be confiscated, since several of those involved – including Karimova and her assistant – were found guilty of aggravated money laundering.  It is said that the decision closes another chapter in the complex investigation opened by the Office of the Attorney general (OAG) in 2012 into allegations of forgery and money laundering against Karimova’s personal assistant and a manager of the Uzbek branch of a Russian telecoms company. 

https://www.swissinfo.ch/eng/swiss-court-confiscates-funds-linked-to-uzbek-ex-president-s-daughter/47213406

MALTA: CORPORATE SERVICE PROVIDER FINED €60,000 BY FIAU FOR FAILING TO REPORT SUSPECTED TAX EVASION AND MONEY LAUNDERING BY ITS CLIENTS

On 27 December, the Times of Malta reported that the FIAU said RGN Malta had failed in its duties to flag suspicious transactions. The FIAU said that CSP had reasonable grounds to suspect the transactions being carried out involving a company in Singapore were connected to money laundering and tax evasion.

https://timesofmalta.com/articles/view/firm-fined-60000-for-tax-evasion-and-money-laundering-failings.923962

5 BENEFICIAL APPLICATIONS OF AI IN COMPLIANCE

On 27 December, an article in Finextra listed 5 ways that benefits of AI in banking and other financial services can be said help companies to successfully face the compliance challenge – an evolution in data processing; the combination of AI solutions and human management; by keeping businesses aware of the most recent changes; ensuring customer safety; and meeting internal compliance standards.

https://www.finextra.com/blogposting/21485/five-beneficial-applications-of-artificial-intelligence-in-compliance

REAL MADRID MANAGER CARLO ANCELOTTI, BARCELONA LEGEND SAMUEL ETO’O AND BARCELONA STAR DANI ALVES ARE NAMED AS TAX CHEATS BY THE SPANISH AUTHORITIES – OWING A COMBINED £3.7MILLION

On 27 December, the Mail Online reported on Spain’s annual list of defaulters withholding more than €600,000 of government money includes 7,277 taxpayers, who are a collective £15 billion in debt to the nation.  Football star Neymar’s £29 million in unpaid tax was the largest personal debt on last year’s list but the Brazilian is absent in 2021 (he is now with paris St Germain). 

https://www.dailymail.co.uk/sport/sportsnews/article-10347927/Carlo-Ancelotti-Samuel-Etoo-Dani-Alves-named-tax-cheats-Spanish-authorities.html

HUNT FOR GADDAFI’S $100 BILLION FORTUNE REACHES NEW YORK

On 27 December, the Epoch Times reported that an application filed by the Libyan government in Manhattan federal court seeks records from 8 major banks related to Gaddafi’s finances “in what could become the largest international asset recovery effort of all time”.  The Libyan Asset Recovery and Management Office (LARMO) believes records held by New York banks will provide evidence that will help identify and trace assets and will assist with its effort to identify the persons improperly holding such assets.

https://www.theepochtimes.com/hunt-for-gaddafis-100-billion-fortune-reaches-new-york_4179145.html

HOW PUERTO RICO BECAME A TAX HAVEN FOR HIGH-FLYING CRYPTO MILLIONAIRES

An article from the New York Post on 27 December says that legal and financial incentives, great weather and a critical mass of cryptocurrency gurus has been transforming the island.

https://nypost.com/2021/12/27/how-puerto-rico-became-a-tax-haven-for-crypto-millionaires

US: LAWYER CONVICTED OF USING FRAUD TO GET $8 MILLION LOANS

On 27 December, AP reported that Joseph Foistner, 67, was a licensed attorney in Massachusetts when he used fraudulent means to apply for over $8 million in loans and laundered money between 2015 and 2018.  He has been convicted of bank fraud, wire fraud, money laundering, and making misrepresentations during bankruptcy proceedings.

https://apnews.com/article/business-new-hampshire-8e85a1f211f632f557ff56901b7753c0

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On 26 December, the Guardian reported that the system for taking control of a person’s financial affairs is “wide open” to fraud, and that a BBC Radio investigation revealed that the application process for obtaining the document known as a lasting power of attorney (LPA) has no routine identity checks or effective fraud controls.  The stamped paper documents can be checked by organisations such as banks and investment firms against a national register.  The Ministry of Justice has recently completed a consultation on proposals to modernise LPA aimed at making the system more secure – and this includes proposals for better identity checks.

https://www.theguardian.com/money/2021/dec/26/fraudsters-are-using-power-of-attorney-rules-to-steal-peoples-homes

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.buymea3coffee.com/KoIvM842y