OTHER THINGS YOU MAY HAVE MISSED – FEBRUARY 2

Panama Covid-19 update – 20 new fatalities and 6,081 new cases reported today, although the number of overall active cases has fallen by another substantial number – down over 3,700 to 53,714. Of these, 85 are in ICU and 692 in other wards. That said, the hit rate from testing is still high, at 26.2% on 23,137 tests.

2 FEBRUARY 2022

US: TSA RELEASES 5-YEAR AIR CARGO SECURITY ROADMAP

On 12 January, Cozen O’Connor released on Lexology an article which examines the Transportation Security Administration (TSA) for the next 5 years.  This Roadmap sets out the TSA “strategic direction toward modernizing, streamlining, and further securing the air cargo system throughout the next five years”.  The TSA plans to accomplish 4 key goals and associated objectives.  For example, one goal is concerned with enhanced and risk-based cargo screening capabilities and assessing the security value of cargo shipper vetting through the TSA Known Shipper Program; intra-US and US outbound international air cargo screening; and how to provide all-cargo aircraft operators the capability to use risk data to assist screening in place of physical screening.

https://www.lexology.com/commentary/aviation/683321f7-aece-4da0-b6a1-621bd26261d1

https://www.tsa.gov/sites/default/files/tsa_air_cargo_security_roadmap.pdf

PANAMA: SCORES PROTECTED FROM CRIMINAL TRIAL BY AN OUTDATED LAW

On 1 February, Newsroom Panama carried an article critical of the protection offered to members of political parties under Panamanian law.  Should anyone eligible for the protection is to be prosecuted, the authority involved needs to request the Electoral Court to remove the protection, described as one of the main obstacles to the progress of criminal processes.  It cites as an example the recent “New Business” case, where the preliminary hearing was postponed to May as a result of the protection that ex-President Martinelli acquired due to his status as president of the Realizing Goals (RM) party.

https://www.newsroompanama.com/news/scores-protected-from-criminal-trial-by-an-outdated-law

CLIMATE CHANGE AND VIOLENT CONFLICT IN WEST AFRICA: ASSESSING THE EVIDENCE

SIPRI has published a report, saying that West Africa is widely cited as a hotspot of climate change and insecurity.  This SIPRI Insights report uses a systematic literature review of academic research to build a better understanding of the relationship between climate change and violent conflict in the region.

https://www.sipri.org/sites/default/files/2022-02/sipriinsight2203_ccr_west_africa_0.pdf

FORMER MACAU LEGEND BOSS CHAN ACCUSED OF COMMANDING TRIAD

On 1 February, iGB reported that the Procurator General of Macau provided more details into arrests made in January for crimes related to illegal online gambling. This includes that of Chan Weng Lin, who was the chairman and chief executive of operator Macau Legend, as well as running junket operator the Tak Chun Group. 

https://igamingbusiness.com/former-macau-legend-boss-chan-accused-of-commanding-triad

INDONESIA HAS UPDATED ITS LIST OF GOODS PROHIBITED FROM IMPORT AND EXPORT

On 2 February, ASEAN Briefing reported that Indonesia has updated its list of goods prohibited from import and export.  The article explains the new categories, when the prohibition applies, and how to be a reputable exporter or importer in Indonesia.

https://www.aseanbriefing.com/news/indonesia-regulates-the-prohibition-of-certain-goods-for-import-and-export-under-the-omnibus-law/

PROPOSED CHANGES TO ISRAEL’S ECONOMIC SANCTIONS REGIME

On 1 February, an article from Herzog, Fox and Neeman says that while several economic sanctions laws are in force, only a few have active sanctions lists.  It explains the purpose of a new Bill which it is said would improve Israel’s ability to effectively impose economic sanctions against terrorists and terrorist organisations in Israel and around the world and will bring it in line with both its own international obligations (vis-à-vis the UN) and the best practices of other Western countries.

https://s3.amazonaws.com/documents.lexology.com/f1944937-0da9-49e0-8351-796ee3319dbc.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1643806907&Signature=ZBlcMIWO9mA7ShwOBCSxkc%2BCwC8%3D

UK: LARGE-SCALE TIMESHARE FRAUD

On 2 February, the CPS issued a news release announcing that it had authorised the South West Regional Organised Crime Unit (SW ROCU) to charge 18 people with 79 counts related to a large-scale fraud targeting timeshare owners.  25 people have been charged with conspiracy to commit fraud, fraud, forgery and money between 2013 and 2017.

https://www.cps.gov.uk/cps/news/cps-and-south-west-regional-organised-crime-unit-charging-statement-large-scale-timeshare

UK: JUDGE WHO LED REVIEW OF THE HUMAN RIGHTS ACT 1998 SAYS CONSULTATION ON REFORM DOES NOT REFLECTS HIS REPORT

On 1 February, the Law Society Gazette reported that a former appeal judge who led a government-commissioned review of the Human Rights Act has told MPs he does not consider that the government’s consultation on reforming the 1998 legislation reflects his report.  He also said that the government said nothing about the margin of appreciation or dialogue with Strasbourg.  The government had not explained ‘where it differs from us its reaction to the width and depth of the views which informed our deliberations. Those are just some of the gaps’.

https://www.lawgazette.co.uk/news/human-rights-act-consultation-not-a-response-to-my-report-gross/5111359.article

ELECTRONIC SIGNATURE TECHNOLOGY CAN BE AT LEAST AS SECURE AS PHYSICALLY WITNESSED INK SIGNATURES ON DOCUMENTS SUCH AS DEEDS

On 2 February, the Law Society Gazette reported that a group of experts chaired by a High Court judge reached this conclusion in an interim report of the industry working group on Electronic Execution of Documents.  It is said that this may help clear a lingering doubt about the use of digital signatures in sensitive legal transactions.  The working group concludes that so-called qualified electronic signatures (QES), which require parties’ identities to be verified by an approved certificate provider, ‘are capable of fulfilling the same objectives as physical witnessing and attestation’.

https://www.lawgazette.co.uk/practice/e-signatures-can-provide-witness-security-working-group-concludes/5111364.article

https://www.legalfutures.co.uk/latest-news/electronic-signatures-more-reliable-than-live-witnesses?utm_source=pocket_mylist

FRANCE: NEW GUIDANCE ISSUED BY THE DATA PROTECTION AUTHORITY WILL CLEAR THE WAY FOR MORE COMPANIES BEHIND AI SYSTEMS TO USE PERSONAL DATA OTHER BUSINESSES HAVE SHARED WITH THEM TO PROCESS AND TRAIN THEIR ALGORITHMS

On 1 February, an article from Out-Law is said to help to clarify how data processors can secure rights to re-use data shared with them by data controllers in a way that complies with EU data protection law – without having to obtain the consent of data subjects to further processing.

https://www.pinsentmasons.com/out-law/news/french-guide-provides-path-processors-re-use-others-data

ENSURING THE RIGHTS OF EU CITIZENS AGAINST POLITICALLY MOTIVATED RED NOTICES

On 1 February, a briefing from the EU Parliament Research Service analyses Interpol’s system of Red Notices and the EU-based mechanisms to safeguard citizens against political abuse of Interpol’s system. Recent reforms of Interpol are significant but many problems remain unaddressed. The paper discusses existing and possible platforms, including the European Search Portal, as ways to ensure a more effective enforcement of EU-based legal limits and fundamental rights on a European level.

https://www.europarl.europa.eu/RegData/etudes/STUD/2022/708135/IPOL_STU(2022)708135_EN.pdf

MALTA: EU COURT REJECTS PILATUS BANK’S ATTEMPT TO CLAW BACK ITS LICENCE

On 2 February, the Times of Malta reported that an EU court has thrown out an attempt by Malta’s now-defunct Pilatus Bank to try and get its hands back on a banking licence.  Its licence had been revoked, 2 years after it was first implicated in alleged money laundering breaches.

https://timesofmalta.com/articles/view/eu-court-rejects-pilatus-banks-attempt-to-claw-back-its-licence.931831

CENTRAL AMERICA: EFFECTS OF CORRUPTION ON THE JUSTICE SYSTEM IN THE NORTHERN TRIANGLE

The Wilson Center has published this report which examines the effect of the phenomenon of corruption transcending borders and how it affects the judicial independence of the Northern Triangle.  It says that the recent COVID-19 pandemic could be another trigger and the latest example of how corruption affects society in the face of the uptick in whistleblowing during the handling of the crisis in several Latin American countries.  In Spanish.

https://www.wilsoncenter.org/sites/default/files/media/uploads/documents/Efectos%20de%20la%20corrupcio%CC%81n%20en%20el%20sistema%20de%20justicia%20en%20el%20Tria%CC%81ngulo%20Norte.pdf

PODCAST: CANADA AND THE OECD ANTI-BRIBERY CONVENTION

In the latest TRACE podcast, Mark Morrison, National Practice Group Leader of Blakes Business Crimes, Investigations & Compliance group, joins the podcast to discuss Canada’s performance to date as a party to the OECD Anti-Bribery Convention and what the revised Recommendation might mean for Canada.

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

EU LODGES CASE AGAINST CHINA AT THE WTO OVER CHINA’S “DISCRIMINATORY PRACTICES” AGAINST LITHUANIA

On 2 February, the EU Sanctions blog reported that the EU had lodged the case alleging that that China has been blocking imports from and exports to Lithuania since December 2021 in response to the opening of a Taiwanese Representative Office in Vilnius. 

https://www.europeansanctions.com/2022/02/eu-launches-wto-case-against-china-over-lithuania-trade-restrictions/

https://www.statista.com/chart/26757/cryptocurrency-adoption-world-map/

US CUSTOMS FOCUS ON FORCED LABOUR IN MALAYSIA AND THE SEAFOOD INDUSTRY CONTINUES WITH NEW WRO AND FINDINGS

An article from Foley Hoag LLP on 2 February says that US Customs and Border Protection trend of enforcement against forced labour in supply chains continues and forced labour in Malaysia and on deep-water fishing vessels remain key areas of focus; a new WRO blocks import of rubber gloves from Malaysian producer; and 2 new findings of forced labour have been issued on palm oil and seafood products.

https://www.jdsupra.com/legalnews/cbp-focus-on-forced-labor-in-malaysia-6180369/

MONACO: 2 BILLS TARGETING MONEY LAUNDERING, TERRORIST FUNDING AND CORRUPTION

On 2 February, the Monaco Tribune reported that 2 Bills were adopted unanimously by the National Council, one to strengthen the fight against money laundering, terrorism funding and corruption, the other to provide appropriate criminal penalties.

https://www.monaco-tribune.com/en/2022/02/monaco-tightens-the-screw-on-money-laundering/

EX-HONDURAS POLICE CHIEF ACQUITTED OF MONEY LAUNDERING

On 2 February, the Mail Online reported that a judge in Honduras acquitted Leonel Sauceda, a former head of the National Police, 2 years after he was arrested on charges of money laundering.  He had been appointed head of police just 2 weeks before his arrest.

https://www.dailymail.co.uk/wires/ap/article-10470255/Ex-Honduras-police-chief-acquitted-money-laundering.html

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

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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