Month: December 2021

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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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 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

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This publication from the Latvian FIU comprises 2 halves – Red Flag indicators of corruption and case analysis: from the point of view of foreign countries and international organisations; and Red Flag indicators of corruption and case analysis: suspected corruption cases in Latvia.  It provides a list of red flag indicators of corruption and/or laundering of the proceeds of corruption in the particular context of transactions and behaviour.  Each group of signs is supplemented with a particular case analysis.

https://www.fid.gov.lv/uploads/files/2021/korupcijas%20materi%C4%81ls/INDICATORS%20OF%20CORRUPTION%20AND%20CASE%20ANALYSIS.pdf

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On 26 December, the Mail Online published an article listing those British nationals, from accused terrorists to paedophiles, alleged fraudsters, money launderers and drug smugglers, among the world’s most wanted criminals. There are currently 7,000 people worldwide who have ‘Red Notices’ served on them by the international policing operation. 

https://www.dailymail.co.uk/news/article-10136611/Who-Britains-wanted-fugitives-13-UK-nationals-hunted-Interpol.html

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On 25 December, the Guardian reported on 2 dozen defendants indicted on federal conspiracy charges in October 2021 based on findings from a multi-year investigation into a massive human smuggling and labour trafficking operation based in southern Georgia that extended to Florida and Texas, and where workers were smuggled in from Central American countries to the US and imprisoned as contracted farm workers.  It found that the conspirators forced workers to pay fees for transportation to the US, food, and housing through the H2-A work visa programme, while withholding their travel and identification documents and forcing them to work for little to no pay in inhumane living conditions.  They laundered the money through land, homes, over a dozen vehicles, the purchase of a restaurant and nightclub, and through a casino. Over 100 workers were freed from the operation.

https://www.theguardian.com/us-news/2021/dec/25/us-farms-made-200m-human-smuggling-labor-trafficking-operation

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A news release from the US State Department on 22 December advised the public designation of former Maltese public officials Konrad Mizzi and Keith Schembri due to their involvement in significant corruption.  It says that in their official capacities as Minister of Energy and Conservation of Water and Chief of Staff to the Prime Minister, they were involved in corrupt acts that included using their political influence and official power for their personal benefit.  Specifically, it says, there is credible information that Mizzi and Schembri were involved in a corrupt scheme that entailed the award of a government contract for the construction of a power plant and related services in exchange for kickbacks and bribes.  Their actions are said to have undermined rule of law and the Maltese public’s faith in their government’s democratic institutions and public processes.

https://www.state.gov/public-designation-of-former-maltese-public-officials-konrad-mizzi-and-keith-schembri-due-to-involvement-in-significant-corruption/

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On 23 December, a post from Arms Control Wonk is concerned with Saudi Arabia producing ballistic missiles with Chinese assistance.

https://www.armscontrolwonk.com/archive/1214345/saudi-arabia-producing-ballistic-missiles/

https://edition.cnn.com/2021/12/23/politics/saudi-ballistic-missiles-china/index.html

On 23 December, a report from the Government Accountability Office reviews how transnational criminal organisations and terrorist groups traffic goods such as illegal drugs, engage in human trafficking, and launder money.  It also looked at the information sharing used to help detect these activities.  It says it found that federal agencies and others have reported that money laundering strategies used by transnational criminal organisations and terrorist groups include sophisticated techniques such as phony trade transactions or purchase and resale of real estate or art – which can involve the services of professional money laundering networks or service providers in legitimate professions, such as complicit lawyers or accountants.  For example, lawyers or accountants can create shell companies (entities with no business operations) to help criminals launder illicit proceeds.  However, it also says that transnational criminal organisations and terrorist groups also continue to smuggle cash in bulk or transmit money electronically across borders.

https://www.gao.gov/products/gao-22-104807

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On 23 December, the EU Sanctions blog reported that the UN Security Council had unanimously adopted UN SCR 2615, which establishes an exemption for humanitarian assistance and other activities that support basic needs in Afghanistan from Taliban-related sanctions.  It will be reviewed after 1 year and the Security Council has requested that the Emergency Relief Coordinator brief its members every 6 months on the delivery of humanitarian assistance to Afghanistan.

https://www.un.org/press/en/2021/sc14750.doc.htm