Day: December 1, 2021

On 30 November, the FIAU in Malta issued this typology factsheet.

https://fiaumalta.org/wp-content/uploads/2021/11/FIAU-Factsheet-Typologies-Red-Flags-Indicators-of-Tax-Related-ML.pdf

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On 30 November, following the publication of an update report on Turkey, FATF released an updated version of its consolidated schedule of all AML/CFT assessment ratings to date.

http://www.fatf-gafi.org/media/fatf/documents/4th-Round-Ratings.pdf

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On 1 December, OFAC advised that FARC-EP and another Colombian entity, Segunda Marquetalia, have been added to the counter-terrorism sanctions lists; together with 3 individuals linked to the 2 entities.  At the same time a number of deletions, including the Revolutionary Armed Forces of Colombia (aka FARC), have been made.  A number of existing entries relating to Venezuela, FARC-EP and Segunda Marquetalia have been amended.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20211201

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This e-book from the Basel Institute on Governance is made up of 5 parts –

• Part 1 draws from international treaties and legislation from around the world to provide a basic definition of the core concept of illicit enrichment, as well as an overview of what constitutes an ‘illicit enrichment law’;
• Part 2 provides an in-depth overview of the various approaches taken by legislative bodies in different jurisdictions to address illicit enrichment. It covers the key similarities and differences between illicit enrichment laws from different jurisdictions, outlining how legislators from different countries have drafted their laws to target different categories of wealth and people;
• Part 3 provides guidance to investigators and prosecutors on how illicit enrichment can be, and has been, proven or disproven. It includes a summary of the fundamental facts of illicit enrichment that need to be established by the concerned parties in either criminal or civil courts;
• Part 4 provides guidance to legal practitioners on the common legal challenges that arise regarding the adoption and use of illicit enrichment legislation; and
• Part 5 consists of external contributions. 3 of these overviews provide practitioner insights into the illicit enrichment mechanisms in Mauritius, Kenya and Peru.  Another contribution provides a brief overview of the unique proceeds of crime-focused mechanism currently operating in Ireland. The final contribution analyses the challenges that may arise during the investigation and prosecution of illicit enrichment cases with an international element, and specifically the problems practitioners may need to anticipate when seeking mutual legal assistance in this context.

2 Annexes involve a compilation of illicit enrichment legislation and other relevant legislation’; and a technical guide for practitioners.

https://learn.baselgovernance.org/pluginfile.php/51644/mod_resource/content/8/Illicit_Enrichment_Main-Text-PDF-pages.pdf

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On 30 November, a post on the FCPA Blog said that the OECD has adopted a new, updated Recommendation with the potential to significantly enhance the global enforcement of bribery of foreign public officials in international business.  It looks at what is new – warning that changes in the revised Recommendation are not cosmetic; they are profound and lasting ones that could result in a dramatic shift in the enforcement environment.

https://fcpablog.com/2021/11/30/practice-alert-what-to-know-about-the-new-oecd-anti-bribery-recommendation/

https://baselgovernance.org/blog/oecd-recommends-anti-corruption-collective-action-its-revised-anti-bribery-recommendation

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The EU Genocide Network and Eurojust have published this report which is structured in 3 sections –

• an overview of UN and EU sanction regimes;
• a presentation of national cases in the EU concerning sanctions violations and complicity of corporate actors in core international crimes; and  
• an overview of national legislation and penalties for sanctions violations.

An Annex provides detailed information on the relevant legislation of each state covered, including type of offences (criminal or administrative) and maximum sentence or fine.

https://www.eurojust.europa.eu/sites/default/files/assets/genocide_network_report_on_prosecution_of_sanctions_restrictive_measures_violations_23_11_2021.pdf

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On 30 November, the Law Society Gazette reported that contempt proceedings against a Russian oligarch have been revived by the Court of Appeal, which held that the High Court applied the wrong legal test when ruling that the application was an abuse of process.  Vladimir Chernukhin, a Russian former deputy finance minister, sought to have Oleg Deripaska committed for contempt of court, claiming he deliberately put millions of pounds’ worth of his shares in EN+ Group ‘beyond the reach’ of the English courts.

https://www.lawgazette.co.uk/news/contempt-case-against-russian-oligarch-revived-by-coa/5110759.article

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On 30 November, Steptoe & Johnson LLP reported that the World Bank had issued in October a report covering the Bank’s fiscal year from 1 July 2020 to 30 June 2021.  It notes that Since this January, the list of companies and individuals barred from World bank projects (or barred by other development banks, whose action is also replicated by the World Bank) for fraud or corruption includes a description of the practice for which the business or individual has been sanctioned.  It is also remarked that the World Bank does sanction “public officials” (i.e. individuals taking or reviewing selection or procurement process decisions), but not “government officials”, who remain beyond its remit.  During the year covered, the Bank received a higher number of complaints (over 4,000) but opened fewer investigations.

https://www.steptoe.com/en/news-publications/world-bank-group-2021-annual-report-on-sanctions-system-highlights-enforcement-trends-key-issues-and-issues-guidance-on-integrity-audits.html

The report is at –

http://documents.worldbank.org/curated/en/284891634566178252/World-Bank-Group-Sanctions-System-FY21

Its sanctions system is explained at –

https://www.worldbank.org/en/about/unit/sanctions-system

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