ISLE OF MAN FIU: ANTI-BRIBERY AND CORRUPTION REVIEW FOR 2020-21

On 13 December, the FIU released this Review which is said to include Red Flag indicators, examples of disclosures received and an assessment of the risks and threats brought to the Isle of Man from acts of bribery and corruption both on island and elsewhere.

https://fiu.im/media/1163/bribery-and-corruption-review-2020-21.pdf

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GAO: BETTER INFORMATION SHARING AND COLLABORATION NEEDED TO COMBAT TRADE-BASED MONEY LAUNDERING

On 13 December, this report from the US Government Accountability Office was released, and which makes 2 recommendations including that the US Treasury develop a way to better share information about suspicious activity.

https://www.gao.gov/products/gao-22-447

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DUTCH CENTRAL BANK DRAFT Q&A ON SANCTIONS COMPLIANCE FOR CRYPTOCURRENCY TRANSACTIONS

On 13 December, EU Sanctions blog reported that De Nederlandsche Bank has published a draft Q&A on sanctions compliance for cryptocurrency transactions, and is running a consultation on this which will close on 17 December.

https://www.dnb.nl/voor-de-sector/open-boek-toezicht-sectoren/aanbieders-cryptodiensten/integriteitstoezicht-op-aanbieders-van-cryptodiensten/sanctiewet-1977/concept-q-a-van-19-november-2021-over-sanctiescreening-bij-een-inkomende-en-uitgaande-transactie-met-crypto-s/

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EU ADDS NAMES LINKED TO WAGNER GROUP TO LIBYA, RUSSIA AND SYRIA SANCTIONS LISTS

On 13 December, the EU announced that –

3 Russians connected to the Wagner Group have been added to the Russia sanctions list – see EU Regulation 2021/2193/EU

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0004.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0014.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

Another person connected to the Wagner Group, Aleksandr Sergeevich Kuznetsov, has been added to the Libya sanctions list: see EU Regulation 2021/2192/EU.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0001.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0021.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

2 individuals and 3 entities linked to the Wagner Group have been added to the Syria sanctions lists – see EU Regulation 2021/2194/EU

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0007.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0023.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

https://www.consilium.europa.eu/en/press/press-releases/2021/12/13/eu-imposes-restrictive-measures-against-the-wagner-group

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NEW EU SANCTIONS ON WAGNER GROUP, INDIVIDUALS AND ENTITIES OVER ALLEGED HUMAN RIGHTS ABUSES

On 13 December, the EU announced sanctions on the Russia-based Wagner Group, as well as 8 individuals and 3 entities connected to the Group.  It says that the Wagner Group has recruited, trained and sent private military operatives to conflict zones around the world to fuel violenceloot natural resources and intimidate civilians in violation of international law, including international human rights law.  EU Regulation 2021/2195/EU refers.  In addition to the financial sanctions, listed individuals will be subject to a travel ban to the EU, and persons and entities in the EU will be prohibited from making funds available, either directly or indirectly, to those listed.

https://www.consilium.europa.eu/en/press/press-releases/2021/12/13/eu-imposes-restrictive-measures-against-the-wagner-group

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0010.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.445.01.0017.01.ENG&toc=OJ%3AL%3A2021%3A445I%3ATOC

CFATF: VULNERABILITIES IN THE CONCEALMENT OF BENEFICIAL OWNERSHIP INFORMATION

On 10 December, FATF-style regional body for the Caribbean, CFATF, issued a news release saying that its Risk Trends and Methods Group (CRTMG) undertook a project to facilitate knowledge and experience sharing among the CFATF members on the very important topic of Beneficial Ownership (BO) risk mitigation.  It found that countries have various measures in place to prevent the misuse of legal persons and arrangements for money laundering or terrorist financing.  It noted specific practices noted which may be useful for its members and highlighted the need for insightful risk assessments. It said that failure to understand the risks of the sector (re legal persons and legal arrangements) severely hinder the effective implementation of risk-based policies and procedures to mitigate the money laundering and terrorist financing risks these corporate vehicles may exploit.

The report is at –

https://www.cfatf-gafic.org/home-test/english-documents/cfatf-resources/17248-cfatf-bo-project-report-december-2021

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MAIN CONCLUSIONS OF THE 44th GAFILAT PLENARY

GAFILAT has reported that, on 2 December, the XLIV Meeting of the Plenary of Representatives of GAFILAT was held in hybrid format 29 November to 1 December, and its work included the following –

  • incorporation of El Salvador as a new member of the organisation was approved, and GAFILAT will formally begin both evaluation processes with the pre-evaluation visit scheduled for May 2023, with an MER scheduled for July 2024;
  • reports on Colombia and Cuba were discussed and approved, and the progress and compliance with the recommended actions in their respective mutual evaluation reports was reviewed.  The reports will be forwarded to FATF for quality and consistency analysis prior to publication;
  • follow-up reports were also received on Colombia, Costa Rica, Guatemala, Honduras, Nicaragua, Panama, Peru, the Dominican Republic and Uruguay;
  • postponement of the Mutual Evaluation of Bolivia for 6 months was approved, because of the impact of political changes that are taking place in the country, and GAFILAT will formally begin both evaluation processes with the pre-evaluation visit scheduled for October 2022, with the MER scheduled for December 2023;
  • the Guide to good practices for the development and implementation of National ALA/CFT Strategies was approved;
  • a Comprehensive study of the Sector of Designated Non-Financial Activities and Professions (APNFD) was approved;
  • a project to strengthen the effective approach to illegal mining as an emerging threat of money laundering in the region was approved;
  •  a document on the use of artificial intelligence, data mining and big data analysis in prevention and detection money laundering and the financing of terrorism was approved;
  • a guide on relevant aspects and appropriate steps for the investigation, identification, seizure and confiscation of virtual assets was approved;
  • a report on regional typologies of money laundering 2019-2020 in GAFILAT was approved; and
  • a document which identifies good practices on CFT regulation and monitoring of the NPO sector with a regional focus in line with FATF standards was approved; and
  • it was agreed that GAFILAT will conduct a review of the findings of the reports and the follow-up processes under the 4th Round of Evaluations in order to seek clarity on the priority points on which greater attention should be paid in the face of the 5th Round of Evaluations and in order to strengthen the legal and institutional framework of the member countries of the organisation.

https://www.gafilat.org/index.php/es/noticias/154-principales-conclusiones-del-xliv-pleno-de-representantes-del-gafilat

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EBA CONSULTS ON NEW REMOTE CUSTOMER ONBOARDING GUIDELINES

On 10 December, a news release from the European Banking Authority announced a public consultation on its draft Guidelines on the use of remote customer onboarding solutions.  There are 2 consultations and the deadline for the submission of comments is 10 March.

https://www.eba.europa.eu/eba-consults-new-remote-customer-onboarding-guidelines

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US: DATA SHOW MAJOR INCREASE IN GIFT CARDS AS SCAM PAYMENT METHOD

On 8 December, the US Federal Trade Commission issued a news release saying that, that in the first 9 months of 2021, consumers reported losing $148 million in scams where gift cards were used as the form of payment. That amount is more than was reported in all of 2020, and nearly 40,000 consumers reported using gift cards to pay a scammer.  A  new development noted is the emergence of Target gift cards as the most popular choice for scammers in the reports received by the FTC. 

https://www.ftc.gov/news-events/press-releases/2021/12/ftc-data-show-major-increase-gift-cards-scam-payment-method

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SERBIA IMPLEMENTS FATF STANDARDS BUT WARNED ABOUT ACTS AGAINST NPO

On 13 December, N1 reported that a new report adopted by the Council of Europe’s MONEYVAL has warned Belgrade it should not “intentionally or unintentionally use FATF Recommendations to suppress the legitimate activities of civil society”.  Serbia does not have any FATF Recommendations considered to be ‘non-compliant’.  Full compliance was achieved in 5 recommendations, in 34 minor deficiencies were noted, and only 1 remains ‘partially harmonised’. 

https://rs.n1info.com/english/news/moneyval-serbia-implements-fatf-standards-warning-about-acts-against-npo

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