OTHER THINGS YOU MAY HAVE MISSED – JANUARY 12

Panama Covid-19 update – it seems I am one of (at least) 38,932 in isolation or quarantine…with that number of active cases reported, on a day with what, to me, appears to be a record daily number of new reported cases – at 6,513. There were 7 new fatalities also reported.Positive test results are also at record levels, at 27.6% of the 23,611 tests carried out. With the number of active cases up by nearly 5,000, hospital numbers are also up – 46 in ICU (up 6) and 408 in other wards (up 69). My back-of-envelope calculation is that now around 0.9% of the population are now currently active cases.

12 JANUARY 2022

INFORMATION FOR HAULIERS ABOUT NEW RULES FOR MOVING GOODS BETWEEN THE EU AND GREAT BRITAIN

On 12 January, HMRC published updated leaflets explaining the new rules from 1 January.

https://www.gov.uk/government/publications/leaflets-for-hauliers-about-new-rules-for-moving-goods-between-the-eu-and-great-britain

EU TO STRENGTHEN THE MANDATE OF THE EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION AND TURN IT INTO THE EU DRUGS AGENCY

On 12 January, a news release from the EU advised that the proposed changes will ensure that the agency can play a more important role in identifying and addressing current and future challenges related to illicit drugs in the EU.  This includes issuing alerts when dangerous substances are knowingly sold for illicit use, monitoring the addictive use of substances taken together with illicit drugs, and developing EU-level prevention campaigns. 

https://ec.europa.eu/commission/presscorner/detail/en/IP_22_302

LEBANON COURT BANS BANQUE DU LIBAN GOVERNOR FROM TRAVEL

On 12 January, the Middle East Monitor reported that a Lebanese judge has imposed a travel ban on central bank Governor Riad Salameh, who is at the centre of investigations into alleged fraud and other misconduct launched after the country plunged into a deep financial crisis.  The investigations include looking at the central bank’s “financial engineering” operations, a range of mechanisms that amounted to offering banks lavish returns over several years to attract dollars into Lebanon, and the renting of a Paris apartment by the central bank as a back-up server room for a decade at what was considered an inflated rate, the source said.

https://www.middleeastmonitor.com/20220112-lebanon-court-bans-banque-du-liban-governor-from-travel/

GLOBAL MINIMUM LEVEL OF TAX: UK CONSULTATION

On 11 January, HM Treasury announced a public consultation on implementation in the UK of OECD Pillar 2 requirements which will help to ensure multinational enterprises (MNE) operating within the UK pay a global minimum level of tax (15%).

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1045663/11Jan_2022_Pillar_2_Consultation_.pdf

ITALY UNCOVERS CONSPIRACY TO OBTAIN FALSE COVID-19 CERTIFICATES

On 12 January, OCCRP reported that Italian authorities uncovered on Monday a conspiracy involving the healthcare industry wherein people who did not want to receive the COVID-19 vaccine could obtain certificates validating their inoculated status under false pretences.  Courts have also ordered the 45 individuals who allegedly paid to receive the COVID-19 vaccine under false pretences to confine themselves to their municipality of residence and to report to judicial police on a daily basis until further notice.

https://www.occrp.org/en/daily/15758-italy-uncovers-conspiracy-to-obtain-false-covid-19-certificates

CROATIAN POLICE SEIZE RECORD LOAD OF DRUGS

On 12 January, OCCRP reported that Croatian police have reported that they have confiscated a record amount of drugs — roughly 62 kg of cocaine and 220 kg of heroin — in the country’s southern port of Ploče in 2 separate operations in October and November.  The first discovery was in a container on a ship that arrived from South America, via Turkey and Italy.  The second involved a metal case which was attached to a ship’s hull with magnets.

https://www.occrp.org/en/daily/15760-croatian-police-seize-record-load-of-drugs

GERMANY: ‘MASSIVE’ COCAINE BUST UNCOVERED IN SUGAR SHIPMENT

On 11 January, Deutsche Welle reported that workers at a food production plant accidentally uncovered the illegal drug while opening up a shipment of sugar.  Authorities in Saxony said it was the largest cocaine bust in the state’s history.  It has an estimated street value of over €150 million. 

https://www.dw.com/en/germany-massive-cocaine-bust-uncovered-in-sugar-shipment/a-60392537

LABOUR RIGHTS IN EU TRADE AGREEMENTS: TOWARDS STRONGER ENFORCEMENT

On 12 January, a briefing paper from the EU Parliament Research Service notes that recent agreements with some of the EU’s developed partners, such as Canada and the UK, now include additional obligations on safety and health at work – but that enforcement of these provisions has, however, revealed numerous weak points.  In addition, some countries have not ratified the relevant International Labour Organization (ILO) conventions and have failed to apply the ILO fundamental principles in their national legislation and practice.  A recently concluded dispute settlement procedure with South Korea is said to help clarify the legal implications of the relevant provisions contained in this agreement, and possibly in others.

https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/698800/EPRS_BRI(2022)698800_EN.pdf

BEHIND TYCOON’S PURCHASE OF SOUTHAMPTON FC IS A BITTER BATTLE FOR POWER IN SERBIA

On 12 January, an article from Rferl reported on Sport Republic, an investment company backed by Serbian media magnate Dragan Solak, had acquired an 80% stake worth $135 million in English Premier League football team Southampton FC.  It says that behind his purchase of Southampton lies a bitter battle for the Premier League rights in Serbia – a battle that is not just about money but about the fight for independent media in an undemocratic state.

https://www.rferl.org/a/serbia-southhampton-soccer-battle/31649742.html

NON-CONVICTION BASED FORFEITURE IN ENVIRONMENTAL CRIME

The World Wildlife Fund has published an introductory overview about Targeting Natural Resource Corruption (TNRC) – a USAID-funded project to improve biodiversity outcomes by equipping practitioners to address the threats posed by corruption to wildlife, fisheries, and forests.  It says that using legal powers to confiscate assets can be an important element of enforcement against environmental crime and that many countries have judicial procedures to confiscate assets derived from criminal activity without the need for a specific criminal conviction.

https://www.worldwildlife.org/pages/tnrc-introductory-overview-targeting-profit-non-conviction-based-forfeiture-in-environmental-crime

SOUTH AFRICAN POLICE INVESTIGATE MISSING BROTHERS’ CRYPTO PLATFORM AFRICRYPT

On 11 January, Coindesk reported that police in South Africa are looking into criminal cases brought by investors claiming to have been defrauded by Africrypt, a crypto platform run by 2 brothers who have since disappeared.  The investors are said to be seeking the arrest of the brothers, Ameer and Raees Cajee, after being offered some of the lost investment by Pennython Project Management, a mystery investor in Dubai.

https://www.coindesk.com/business/2022/01/11/south-african-police-investigate-missing-brothers-crypto-platform-africrypt/

NIGERIA: INSTAGRAM CELEBRITY MOMPHA REMANDED IN CUSTODY ON MONEY LAUNDERING ALLEGATIONS

On 12 January, the Peoples Gazette reported that a Court has ordered suspected internet fraudster Ismailia Mustapha, aka Mompha, to be remanded in the custody of the Economic and Financial Crimes Commission (EFCC).  He was arraigned alongside his company, Ismalob Global Investment Ltd. 

https://gazettengr.com/money-laundering-instagram-celebrity-mompha-remanded-in-efcc-custody/

MAN ARRESTED ON SUSPICION OF MONEY LAUNDERING AFTER GARDAI SEIZE HUGE SUM OF CASH AT DUBLIN PORT

On 12 January, the Irish Mirror reported that the Garda National Drugs and Organised Crime Bureau intercepted a heavy goods vehicle as it was leaving Dublin Port and a search revealed €488,000 in cash.

https://www.irishmirror.ie/news/irish-news/man-arrested-suspicion-money-laundering-25921250

FDIC AND FinCEN LAUNCH DIGITAL IDENTITY TECH SPRINT

A news release on 11 January advised that the Federal Deposit Insurance Corporation (FDIC) and FinCEN have announced a Tech Sprint to develop solutions for financial institutions and regulators to help measure the effectiveness of digital identity proofing — the process used to collect, validate, and verify information about a person.  They seek to increase efficiency and account security; reduce fraud and other forms of identity-related crime, money laundering, and terrorist financing; and foster customer confidence in the digital banking environment. The Tech Sprint will encompass a review of applications, to develop solutions and, at the conclusion of the Tech Sprint, the FDIC will publish all team presentations and recognise teams based on several criteria detailed in the forthcoming prize notice. 

https://www.fincen.gov/news/news-releases/fdic-and-fincen-launch-digital-identity-tech-sprint

PODCAST: WHISTLEBLOWER PROTECTIONS

In the latest TRACE podcast, Leah Ambler, Director of Corruption Prevention at the Australian Commission for Law Enforcement Integrity and former Legal Analyst at the OECD, joins the podcast — in her personal capacity — to discuss her excellent chapter on whistleblower protections. Leah discusses the importance of whistleblower protections to reducing corruption and the challenges inherent in these protections in the absence of comprehensive, harmonised legislation.

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

PAKISTAN: MONEY LAUNDERING PROBE LAUNCHED AGAINST TIKTOK STAR HAREEM SHAH

In an article dated 13 January, ANI reported that the TikTok star had claimed to have travelled to the UK with a significant amount of cash.

https://www.aninews.in/news/world/asia/money-laundering-probe-launched-against-pakistans-tiktok-star-hareem-shah20220113015533

US: ARREST OF 13 INDIVIDUALS FOR $100 MILLION HEALTHCARE FRAUD, MONEY LAUNDERING AND BRIBERY SCHEME

A news release from US DoJ on 12 January advised on the unsealing of 2 indictments charging 13 individuals – including an NYPD police officer, licensed physicians, an attorney, and others – in connection with a $100 million insurance fraud scheme.  It is alleged that the 13 defendants collectively perpetrated one of the largest no-fault insurance frauds in history.  In carrying out their massive scheme, among other methods, they allegedly bribed 911 operators, hospital employees, and others for confidential motor vehicle accident victim information. With this information, they then endangered victims by subjecting them to unnecessary and often painful medical procedures, in order to fraudulently overbill insurance companies. Schemes exploiting no-fault insurance laws – which ironically exist to make insurance more affordable – also result in higher costs, and unfairly burden all consumers in the auto insurance market.

https://www.justice.gov/usao-sdny/pr/us-attorney-announces-arrest-13-individuals-100-million-healthcare-fraud-money

4 CHARGED AND $8 MILLION SEIZED FOLLOWING ALLEGED MONEY LAUNDERING SYNDICATE ACROSS SYDNEY

On 12 January, the West Australian reported that an alleged money laundering syndicate involved in the supply of drugs across Sydney.

https://thewest.com.au/news/four-charged-8-million-seized-following-alleged-money-laundering-syndicate-across-sydney-c-5288200

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USED TO FREE ELECTRICITY, KOSOVO’S BITCOIN MINERS ARE NOW FACING DIFFICULT TIMES AFTER BAN

On 12 January, Rferl reported that Kosovo announced on 4 January blanket ban on cryptocurrency mining amid an energy crisis. Kosovar police have carried out raids in recent days, confiscating hundreds of high-tech devices used in cryptocurrency mining.  Until recently, Kosovo boasted some of Europe’s cheapest electricity rates, making cryptocurrency mining especially attractive.

https://www.rferl.org/a/kosovo-bitcoin-mining-ban-electricity/31651114.html

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OFAC TARGETS NORTH KOREA INDIVIDUALS SUPPORTING WMD AND BALLISTIC MISSILE PROGRAMMES

On 12 January, the US Treasury advised that it had designated individuals responsible for procuring goods for the DPRK WMD and ballistic missile-related programmes. These actions are in line with US efforts to prevent the advancement of the the WMD and ballistic missile programmes and impede attempts by North Korea to proliferate related technologies.  The action also follows the 6 ballistic missile launches since September 2021, each of which violated multiple UN Security Council Resolutions.  Those designated include a Russia-based DPRK national linked to the (already designated) Second Academy of Natural Sciences (SANS); and 4 China-based North Korean WMD representatives of SANS-subordinate organisations.

In a related action, the State Department has designated North Korean national O Yong Ho, Russian national Roman Anatolyevich Alar, and Russian entity Parsek LLC for having engaged in activities or transactions that have materially contributed to the proliferation of WMD or their means of delivery by North Korea.

https://home.treasury.gov/news/press-releases/jy0555

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220112

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UK AMENDS 64 ENTRIES ON ITS ISIL/AL-QAIDA SANCTIONS LIST

On 12 January, a Notice from HM Treasury advised that it had amended its lists to reflect changes made by the relevant UN Sanctions Committee on 29 December.  In addition to those, 2 other entries have been amended following an update to the UK Sanctions List made on 6 January.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1045937/Notice_ISIL__Da_esh__and_Al-Qaida_120122.pdf

CYPRUS: NATIONAL RISK ASSESSMENT WITH RESPECT TO THE INTRODUCTION OF VIRTUAL ASSETS IN THE REPUBLIC

On 13 December, the Cypriot Ministry of Finance released this NRA, saying that the findings and recommendations of the Report, were taken into account in the drafting of the primary and secondary legislation on AML/CFT enacted in 2021 for the sector.

http://mof.gov.cy/en/press-office/announcements/national-risk-assessment-with-respect-to-the-introduction-of-virtual-assets-in-the-republic

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TAX HAVENS: INTERNATIONAL TAX AVOIDANCE AND EVASION

On 6 January, the US Congressional Research Service produced updated information, saying that addressing tax evasion and avoidance through use of tax havens has been the subject of a number of proposals in Congress and by the President.  Actions by the OECD and the G-20 nations also have addressed this issue.  It starts by saying that there is no precise definition of a tax haven. The OECD initially defined the following features of tax havens: no or low taxes, lack of effective exchange of information, lack of transparency, and no requirement of substantial activity.  Other lists have been developed in legislative proposals and by researchers. In addition, a number of other jurisdictions have been identified as having tax haven characteristics.  The paper considers options, including strengthening FATCA. 

https://crsreports.congress.gov/product/pdf/R/R40623

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BRAZIL IS FACING A FLOOD OF CHEAP SOYBEAN SMUGGLED ILLEGALLY FROM ARGENTINA

On 11 January, Insight Crime reported that on 4 January Argentina reported a seizure of 7.6 tons of contraband soy being illegally exported to Brazil.  In Q1 of 2021, 2,530 tons of contraband soy was seized going from Argentina to Brazil.  It is said that the underlying driver is a stark profit differential: while a ton of soybeans fetches a price of roughly $272 in Argentina, that same cargo goes for nearly $844 in Brazil, roughly $500 in Paraguay and Bolivia.

https://insightcrime.org/news/worlds-top-soy-producer-has-smuggling-problem/

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OTHER THINGS YOU MAY HAVE MISSED – JANUARY 11

Panama Covid-19 update – a big drop in active cases today (unless the data for the last 2 days has been seriously out), back down to just below the level for the 8 January at 34,013. On the other hand there were 4,105 new cases and 8 new fatalities reported today. ICU figures are unchanges at 40, though with 20 more patients shown as being in other wards at 339. The 16,502 tests carried out in the previousl 24 hours showed another high positivity at 25%.

11 JANUARY 2022

UK EXPORTERS FINED FOR UNLICENSED STRATEGIC EXPORTS

On 11 January, the Department of International Trade released Notice to Exporters 2022/01 which sets out compound penalties related to unlicensed exports of dual use goods, military goods and related activity controlled by the Export Control Order 2008.

https://www.gov.uk/government/publications/notice-to-exporters-202201-uk-exporters-fined-for-unlicensed-strategic-exports

GUINEA KEEPS BORDERS OPEN WITH MALI HIT BY ECOWAS SANCTIONS

On 11 January, Africa News reported that the military junta in Guinea said it would keep its borders open with Mali going against ECOWAS sanctions.

https://www.africanews.com/2022/01/11/guinea-keeps-borders-open-with-mali-hit-by-ecowas-sanctions/

MYANMAR TEAK EXPORTS TO US STILL FUNDING MILITARY RULE

On 11 January, Al Jazeera and others reported that US companies continue to import teak, a valuable hardwood, from Myanmar despite sanctions imposed following the military takeover of the country last year, according to Justice for Myanmar, a watchdog group.

https://www.aljazeera.com/economy/2022/1/11/myanmar-teak-exports-to-us-still-funding-military-rule-watchdog

BOOM IN BETEL NUT SMUGGLING FROM MYANMAR TO INDIA

On 11 January, The Irrawaddy reported that India is struggling to stop the smuggling of areca nut – better known as betel nut – from Myanmar following a directive from the central government.

https://www.irrawaddy.com/opinion/guest-column/boom-in-betel-nut-smuggling-from-myanmar-to-india.html

COUNCIL OF EUROPE CORRUPTION REPORT ON FRANCE

On 7 January, the Council of Europe released the latest GRECO report saying that, of the 18 Recommendations made following the 2019 Fifth Round Evaluation report just 1 has been satisfactorily implemented. Of the 17 others, 9 have been partly implemented and 8 have not been implemented.

https://rm.coe.int/grecorc5-2021-12-final-fr-rapport-de-conformite-france-public/1680a50f5a

UK: SON OF HATE CLERIC ABU HAMZA JAILED FOR MONEY-LAUNDERING PLOT

On 11 January, the BBC reported that Ti-to Ibn-Sheikh created false identities for HSBC bank account holders using information passed to him by an insider at the bank.  Southwark Crown Court heard those accounts were used to launder nearly £350,00 from thefts and frauds.

https://www.bbc.com/news/uk-england-london-59945405

LEAK SUGGESTS UKRAINIAN PRO-KREMLIN POLITICIAN SECRETLY BENEFITED FROM RUSSIAN OILFIELD SALE

On 11 January, OCCRP reported that, in August, the Belarusian state oil company, Belarusneft, announced the acquisition of a small Russian company called Purneft, which operates 69 oil wells just south of the Arctic Circle.  The deal could have earned its owner around $50 million, but behind Purneft was a BVI shell company called Brimipana Trading.  OCCRP claims that the Pandora Papers have revealed names behind the shell company, with links suggesting that the Hungarian is merely a front for a leading pro-Russian politician and media mogul in Ukraine, Taras Kozak.  Kozak, his wife, and his 3 pro-Russian TV channels have been sanctioned by Ukraine for disseminating Russian-funded anti-Ukraine information.

https://www.occrp.org/en/the-pandora-papers/leak-suggests-ukrainian-pro-kremlin-politician-secretly-benefited-from-russian-oil-field-sale

NEW REPORT SHOWS THE STATE OF CORRUPTION IN SOUTH AFRICA

On 11 January, OCCRP reported that South Africa’s Judicial Commission has dropped the first of its 3-part report into state capture.  Approximately 1,438 persons and entities were implicated by evidence led before the Commission.  One of the focal points it assessed were the connections between former South African President Jacob Zuma and the powerful Gupta Family. 

Meanwhile, Polity on 11 January said that the report has slammed South African Airways’ former auditors PWC for failing in its duty as a watchdog when it audited the books of the flag carrier between 2012 and 2016. 

https://www.occrp.org/en/daily/15751-new-report-shows-the-state-of-corruption-in-south-africa

https://www.polity.org.za/article/state-capture-report-slams-pwc-for-failing-to-identify-corruption-during-saa-looting-spree-2022-01-07

EU PUBLISHES MINIMUM CORPORATE TAX RATE DIRECTIVE

On 11 January, an article from Out-Law said that the European Commission has published a proposed directive to introduce a global minimum effective corporate tax rate of 15% for large corporate groups operating in the EU, and that this follows the publication of relevant model rules by the OECD.

https://www.pinsentmasons.com/out-law/news/eu-publishes-minimum-corporate-tax-rate-directive

LAOS SOCCER AUTHORITIES REVEALED 45 OF THE COUNTRY’S PLAYERS HAVE BEEN BANNED FOR LIFE BY FIFA FOR MATCH-FIXING IN RECENT YEARS

On 10 January, RFA reported that the country’s football federation had criticised the players for putting themselves before their country.  RFA notes that the current FIFA rankings place Laos at 187th in the world.

https://www.rfa.org/english/news/laos/soccer-01102022194640.html

ANOTHER RECORD-BREAKING YEAR FOR COCAINE SEIZURES AT ANTWERP DOCKS

On 7 January, VRT reported that 2021 was another record-breaking year for seizures of cocaine by customs officers working at the Port of Antwerp, with a total of 89.5 tonnes of the drug being seized at the port.

https://www.vrt.be/vrtnws/en/2022/01/07/another-record-breaking-year-for-cocaine-seizures-at-antwerp-doc/

EU UPDATES LIST OF ITEMS SUBJECT TO DUAL-USE EXPORT CONTROLS

On 11 January, a post from Baker McKenzie advised that, on 6 January,  the European Commission published EU Regulation 2022/1/EU, updating the list of dual-use items contained in Annex I to EU Regulation 2021/821/EU (the “EU Dual Use List”).

https://sanctionsnews.bakermckenzie.com/eu-updates-list-of-items-subject-to-dual-use-export-controls/

US HALTS HEU EXPORTS FOR MEDICAL PURPOSES

On 11 January, the Arms Control Association reported that the US will no longer export highly enriched uranium (HEU) to countries producing medical isotopes (countries that produce molybdenum-99, an isotope used in numerous medical procedures) – saying that this marks a significant milestone in non-proliferation and nuclear security efforts.

https://www.armscontrol.org/act/2022-01/news-briefs/us-halts-heu-exports-medical-purposes

GDPR: GERMAN LAPTOP RETAILER FINED $12.7 MILLION FOR EMPLOYEE SURVEILLANCE

On 11 January, Compliance Week reported that the fine on the online laptop and electronic goods retailer was for video-monitoring employees for at least 2 years without legal basis.

https://www.complianceweek.com/regulatory-enforcement/german-laptop-retailer-fined-127m-under-gdpr-for-employee-surveillance/29911.article

CHINA’S NEW NEGATIVE LIST FOR FOREIGN DIRECT INVESTMENT

A Client Alert from Wilmer Hale on 11 January reported that on 27 December 27, the National Development and Reform Commission (NDRC) and the Ministry of Commerce jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access.  It explains that there are 3 so-called “negative lists”, and that a Negative List consists of sectors prohibited or restricted for investment from both Chinese and foreign companies without special regulatory approval.

https://www.wilmerhale.com/en/insights/client-alerts/20220111-chinas-new-negative-list-for-foreign-direct-investment

TETHER FREEZES 1 MILLION DOLLARS OVER AML CONCERNS

On 11 January, a post from Mitchell Williams says that Tether, and other stablecoins, routinely assist law enforcement in investigations and have assisted in the recovery of tens of millions of stolen dollars. It is said that Tether began banning blockchain addresses in 2017 and has blocked over 500 addresses to date on Ethereum.  It is also said to have also has a “recovery” mechanism in place, meaning it can freeze and reissue in certain cases.

https://www.mitchellwilliamslaw.com/getpdf.aspx?blog=13069

3D PRINTING HALF-YEAR REPORT

On 11 January, Benesch published this report, highlighting, for example, that in July 2021 the World’s first 3D-printed steel bridge opened in Amsterdam.

https://www.jdsupra.com/legalnews/3d-printing-half-year-report-q4-2021-5356553/

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