OTHER THINGS YOU MAY HAVE MISSED – DECEMBER 25

Panama Covid-19 – signed off too early for yesterday’s data and, as feared, not too cheerful (though compared to many other places, not that bad). Numbers of new cases per day continue to rise, 865 reported yesterday, ditto active cases (up 626 at 5,858), 3 new fatalities reported but hospital numbers remaining on the low side (17 in ICU, 141 in other wards), but the percentage of positive results in testing to a high not seen since the end of August (11,945 tests with 7.2% positive).

Meanwhile, today’s news reports police breaking up 2 illegal street parties in the Pueblo Neuvo district of Panama City; this as 9 new cases of Omicron confirmed (with 17 more suspected). While there are suggestions that the data might indicate a “fourth wave”, the rebound in cases, hospitalisations and deaths due to the virus do not show alarming growth, it is claimed, although as one epidemiologist is quoted as saying that prudence must be maintained due to the presence of more contagious variants, such as Ómicron.

Today’s data no more cheery than yesterday – 827 new cases, 6,365 active cases (up 507), 2 new fatalities, 20 in ICU and 145 in other wards.

25 DECEMBER 2021 

FORMER DIRECTOR OF MACAO PUBLIC WORKS IN CUSTODY FOR ALLEGEDLY TAKING BRIBES AND MONEY LAUNDERING

On 25 December, Macao News reported that Li Canfeng, the former director of Macao’s Lands, Public Works and Transport Bureau (DSSOPT) has been remanded in custody.

https://macaonews.org/law-crime/li-canfeng-former-director-of-macao-public-works-in-custody-for-allegedly-taking-bribes-and-money-laundering

DEFENDANT RETURNED TO US TO FACE CHARGES FOR ALLEGED SCHEME TO DEFRAUD THE KUWAITI EMBASSY

A news release from US DoJ on 23 December advised that Ahmed El Khebki, 62, a naturalised US citizen originally from Egypt and Sudan, was returned to the US by Egyptian authorities; and alleged that he and his co-conspirators carried out a scheme to defraud the Kuwaiti Embassy Health Office in Washington DC, which arranged and paid for services provided by US medical providers to Kuwaiti citizens who travelled to the US for medical care. 

https://www.justice.gov/opa/pr/defendant-returned-egypt-united-states-face-charges-alleged-scheme-defraud-kuwaiti-embassy

DUBAI POLICE FOIL AN ATTEMPT TO SMUGGLE 1.1 MILLION CAPTAGON PILLS WORTH DH58 MILLIONS HIDDEN IN REFRIGERATED LEMON SHIPMENT

On 23 December, Gulf News reported that Dubai police had arrested 4 men who were residents in the UAE who tried to smuggle the illegal pills in a refrigerated container containing boxes of lemon.  The drugs were hidden in plastic containers in the lemon shipment.

https://gulfnews.com/uae/dubai-police-foil-an-attempt-to-smuggle-captagon-pills-worth-dh58-millions-hidden-in-lemon-shipment-1.84579301

TURKEY FREEZES ASSETS OF OVER 700 INDIVIDUALS

On 25 December, Hurriyet Daily News reported that Turkish authorities have frozen the assets of 771 individuals and institutions over their alleged links to terror groups under a law that establishes measures on prevention and combating money laundering and terrorism financing.  Among those affected is the US-based Niagara Foundation and people associated with the 2016 coup attempt.

https://www.hurriyetdailynews.com/turkey-freezes-assets-of-over-700-terror-linked-individuals-170310

THE SECRET ‘FORCED LABOUR’ MIGRATION ROUTE FROM VIETNAM TO THE UK

A report from the Guardian on 25 December starts with 500 Vietnamese construction workers who were allegedly found last month in Serbia working in conditions of forced labour with their passports confiscated and living in cramped and degrading conditions.  However, it is said that the factory was only the first stop in a much longer journey towards the UK and Europe for many of the workers found at the factory.  At all stages along the way, Vietnamese workers are highly likely to fall into forced labour or debt bondage, often charged up to £30,000 for passage to the UK.

https://www.theguardian.com/global-development/2021/dec/25/revealed-the-secret-forced-labour-migration-route-from-vietnam-to-the-uk

THE STRANGEST SCAMS OF 2021

On 25 December, Which? In the UK published an article saying that for every sophisticated scheme spun by scammers, there are the more preposterous attempts which are capable of raising a smile – even in these worrying times – from caves stuffed with ‘gold and crystals’ to random windfalls from Hollywood actors.

https://www.which.co.uk/news/2021/12/the-strangest-scams-of-2021/

UK: LAW COMMISSION WORK ON SMART CONTRACTS

On 22 December, the Oxford University Faculty of Law blog carried a post from a research assistant at the Law Commission which sets out to provide a brief overview of the project and our conclusions.  It also discusses, as an illustration, an area where the law can be incrementally adapted to support the use of smart legal contracts – interpreting smart legal contracts—‘the reasonable coder’ test.

https://www.law.ox.ac.uk/business-law-blog/blog/2021/12/law-commissions-work-smart-legal-contracts

TARGETING GUN VIOLENCE AND TRAFFIKCING IN EUROPE

On 13 December, the Flemish Peace Institute published this report, the fruit of Project Target – a comprehensive research project that explores the links between the different types of firearms trafficking and gun violence in all EU Member States and the Western Balkans.  It posed the question: How does illicit firearms trafficking impact gun violence in Europe?  The Project aims to improve the understanding of gun violence in Europe and the relationship between gun violence and firearms trafficking.

https://vlaamsvredesinstituut.eu/wp-content/uploads/2021/12/TARGET-OnlineVersion.pdf

https://vlaamsvredesinstituut.eu/en/target/

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US FARMS MADE $200 MILLION VIA HUMAN SMUGGLING AND LABOUR TRAFFICKING OPERATION

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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US DESIGNATION OF FORMER MALTESE PUBLIC OFFICIALS FOR CORRUPTION

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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TRAFFICKING AND MONEY LAUNDERING: STRATEGIES USED BY CRIMINAL GROUPS AND TERRORISTS AND FEDERAL EFFORTS TO COMBAT THEM

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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UN RESOLUTION ESTABLISHES AN EXEMPTION FOR HUMANITARIAN ASSISTANCE AND OTHER ACTIVITIES THAT SUPPORT BASIC NEEDS IN AFGHANISTAN FROM TALIBAN-RELATED SANCTIONS

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

BAHAMAS: AML/CFT ASSESSMENT FOLLOW-UP REPORT

On 22 December, the FATF-style regional body CFATF published the 4th follow-up report on the Bahamas.  CFATF says that The Bahamas has been under enhanced monitoring since the adoption of its Mutual Evaluation Report. To reflect the progress of The Bahamas, CFATF has re-rated the country in relation to FATF Recommendations 6, 7, 24 and 33 from Partially Compliant to Largely Compliant and Recommendations 19, 22, 26, 27 and 28 from Partially Compliant to Compliant.  The Bahamas is Compliant with 18 FATF Recommendations and Largely Compliant on 20– combined they represent 38 out of the 40 FATF Recommendations.  As is usual with such reports, it addresses only technical compliance, and not effectiveness ratings.

The Bahamas will remain in enhanced follow-up on the basis that it had a low or moderate level of effectiveness for 7 or more of the 11 Effectiveness outcome ratings. The Bahamas will continue to report back to the CFATF on progress to strengthen its implementation of AML/CFT/CPF measures.

https://www.cfatf-gafic.org/home/cfatf-news/735-the-bahamas%E2%80%99-progress-in-strengthening-measures-to-tackle-money-laundering-and-terrorist-financing

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BALFOUR BEATTY’S US ARM COMMUNITIES TO PAY £49 MILLION AFTER PLEADING GUILTY TO FRAUD

On 23 December, AOL reported that UK builder Balfour Beatty’s US arm that provides privatised military housing to America’s armed forces has agreed to pay £49 million in fines and damages after pleading guilty to fraud.  Balfour Beatty Communities LLC is one of the largest providers of privatised military housing to the US Armed Forces. 

https://www.aol.co.uk/money/balfour-beatty-us-arm-communities-085955005.html

https://www.constructionenquirer.com/2021/12/23/balfour-beatty-us-arm-to-pay-49m-over-military-housing-fraud

https://www.justice.gov/opa/pr/justice-department-announces-global-resolution-criminal-and-civil-investigations-privatized

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EU ADDS 1 NAME TO ISIL/AL-QAIDA SANCTIONS LIST

EU Regulation 2021/2311/EU has added Sanaullah Ghafari, leader of the Islamic State in Iraq and the Levant-Khorasan (ISIL-K) to its sanctions lists, following the decision of the relevant UN Sanctions Committee.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2021.458.01.0001.01.ENG&toc=OJ%3AL%3A2021%3A458I%3ATOC

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REPORT ON RESPONSES TO EU CONSULTATION ON ITS BLOCKING STATUTE RE NON-EU SANCTIONS

On 9 September, the EU announced a consultation exercise over a possible amendment to the EU Regulation adopted in 1996 and known as the “blocking statute”.  The aim of the ‘blocking statute’ is to protect EU individuals and companies from having to comply with the extra-territorial application of third-country laws and measures.  The Commission has proposed a review the blocking statute in order to include additional deterrence mechanisms and streamline the application of the Regulation, including by reducing compliance costs for EU persons and businesses.  The consultation closed on 4 November, and the EU has not released a report on responses it has received.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13129-Unlawful-extra-territorial-sanctions-a-stronger-EU-response-amendment-of-the-Blocking-Statute-/public-consultation_en

https://www.europeansanctions.com/wp-content/uploads/2021/12/EU-Commission-Blocking-Regulation-public-consultation-summary-report.pdf