OTHER THINGS YOU MAY HAVE MISSED – MARCH 9

Panama Covid-19 update – no daily data received as yet. However, the health ministry has revealed that it has recorded 882 cases of adverse reaction to vaccination – most mild or moderate, including 199 headache; fever 163, dizziness 87, weakness 78 and rashes 67. It says that there were 5 reports of fatalities, but that it had to be taken into consideration that the cases occurred in elderly people with underlying diseases, except in one cases for which no further details were provided.

Update – 301 new cases and 2 new fatalities; 3,005 active cases, 21 in ICU and 108 in other wards.

9 MARCH 2022 

UK: TEMPORARY EXPORT LICENCE FOR THE PROVISION OF CERTAIN INSURANCE AND REINSURANCE SERVICES RELATING TO AVIATION AND SPACE GOODS AND AVIATION AND SPACE TECHNOLOGY

On 9 March, the Department for International Trade issued Notice to Exporters 2022/05, advising of the time-limited licence following recent sanctions regulations amendment.  The licence runs until 28 March.

https://www.gov.uk/government/publications/notice-to-exporters-202205-general-trade-licence-russia-sanctions-aviation-insurance/nte-202205-general-trade-licence-russia-sanctions-aviation-insurance

EXPORT CONTROL AND EMERGING TECHNOLOGY CONTROL IN AN ERA OF STRATEGIC COMPETITION

On 8 March, the James Martin Center for Nonproliferation Studies at the Middlebury Institute published this report.  It says that, while in recent decades export controls have been relatively geopolitically neutral tools aimed at preventing WMD proliferation and preventing WMD terrorism, the tools are evolving to become a central instrument through which the US and allies are seeking to stem the development of advanced military capabilities in an emergent China and a revisionist Russia – and an important aspect of this relates to so-called emerging and foundational technologies.  It sets out to provide an overview of changes taking place in relation to export controls, particularly from a US perspective. It argues that the measures adopted against Russia may provide the foundation for a new form of export control coordination. 

https://nonproliferation.org/wp-content/uploads/2022/03/article-Export-Control-And-Emerging-Technology-in-the-Context-of-Strategic-Competition-published-v1.pdf

INDIA: MONEY LAUNDERING AND THE BHARAT PE SAGA

On 9 March, the Times of India carried an article the ongoing scandal at the multi-billion-dollar Indian FinTech company BharatPe.  Allegations have ranged from unjustified lavish spending of company money, sexism on the Board to outright criminal breach of trust, fraud and financial misappropriation.

https://timesofindia.indiatimes.com/blogs/the-irreverent-lawyer/the-offence-of-money-laundering-and-the-bharat-pe-saga-is-it-a-matter-of-time-before-the-enforcement-directorate-ed-investigates/

CANADA: FORMER FINANCIAL EXECUTIVE CHARGED WITH FRAUD, MONEY LAUNDERING

On 9 March, The Free Press published an article about former Winnipeg financial services executive, Gary Ng.  In January, the RCMP charged Ng with fraud over $5,000 and laundering the proceeds of crime.  There are allegations that Ng secured loans and credit from a number of victims/lenders by presenting false collateral in the applications for the loans and credit.

https://www.winnipegfreepress.com/business/former-financial-executive-charged-with-fraud-money-laundering-576274122.html

SOUTH AFRICA: GUPTAS “USED OPTIMUM COAL MINE AS ‘INDUSTRIAL-STRENGTH’ MONEY LAUNDERING MACHINE

On 8 March, News 24 reported that the Optimum Coal Mine was used as an “industrial-strength money laundering machine” to recycle the proceeds of crimes – against the likes of Transnet and Eskom – to fund the Gupta family’s vast empire, the North Gauteng High Court in Pretoria heard.

https://www.news24.com/fin24/companies/npa-guptas-used-optimum-coal-mine-as-industrial-strength-money-laundering-machine-20220309

VENEZUELA RELEASED 2 AMERICANS WHO HAD BEEN DETAINED AND TALKS WITH US

On 9 March, the Wall Street Journal reported that Venezuela had released 2 Americans just days after President Nicolás Maduro met with senior US officials who are considering lifting oil sanctions as energy prices surge because of Russia’s war in Ukraine.

https://www.wsj.com/articles/venezuela-agrees-to-restart-negotiations-with-u-s-backed-opposition-11646756236

LOUGHBOROUGH-BASED BUSINESSMAN HANDS OVER HALF A MILLION POUNDS OF ALLEGED CRIMINAL PROFITS

On 8 March, a news release from the NCA advised that a businessman has agreed to hand over assets worth £500,000 to settle a NCA civil recovery claim based on his alleged links to money laundering.  NCA suspected the owner, Salim Miah, of operating a large-scale money laundering scheme, which facilitated the transfer of funds out of the UK.

https://www.nationalcrimeagency.gov.uk/news/loughborough-based-businessman-hands-over-half-a-million-pounds-of-alleged-criminal-profits

52 ARRESTS IN OPERATION ACROSS 28 COUNTRIES TARGETING TRAFFICKING IN CULTURAL GOODS

A news release from INTERPOL on 9 March advised that a global operation targeting illicit trafficking in cultural goods has led to 52 arrests and the seizure of 9,408 cultural artefacts across the world. These priceless items include archaeological objects, furniture, coins, paintings, musical instruments and statuettes.  Operation Pandora VI, the operational phase of which ran from 1 June to 30 September 2021.

https://www.interpol.int/News-and-Events/News/2022/52-arrests-in-operation-across-28-countries-targeting-trafficking-in-cultural-goods

RUSSIA OLIGARCHS STILL ABLE TO EXPLOIT UK ART MARKET LOOPHOLES

On 9 March, the Guardian reported that Russian oligarchs will be able to exploit legal loopholes around Britain’s art market to evade sanctions and launder money, experts have warned.  Experienced advisers said the ultimate “beneficial” owner of priceless art works could still be concealed, aided by the market’s global scale and increasing online presence.

https://www.theguardian.com/uk-news/2022/mar/09/russia-oligarchs-uk-art-market-legal-loopholes

MALAYSIA SAYS IT WON’T SANCTION RUSSIA FOR INVADING UKRAINE

On 9 March, Eurasia Review reported that Malaysia’s foreign minister indicated that Malaysia would not impose sanctions on Russia for its invasion of Ukraine, although the country voted in favour of a UN resolution condemning the aggression.

https://www.eurasiareview.com/09032022-malaysia-says-it-wont-sanction-russia-for-invading-ukraine/

ANGRY DOCK WORKERS IN THE UK ARE REFUSING TO UNLOAD RUSSIAN OIL

On 9 March, Hellenic Shipping News reported that dock workers in Britain are taking a stand against Russia’s invasion of Ukraine with ports in the country refusing to unload Russian oil and gas.  At the Stanlow refinery in north-west England, a German-flagged vessel had been given approval to berth at the nearby Tranmere Oil Terminal but the general secretary of U.K. union Unite, said that her members will “under no circumstances unload any Russian oil regardless of the nationality of the vessel which delivers it”.  Meanwhile, 2 Russian ships that were due to dock in Kent were turned away due to the sanctions.

https://www.hellenicshippingnews.com/angry-dock-workers-in-the-uk-are-refusing-to-unload-russian-oil-due-to-ukraine-invasion/

NEW ZEALAND EXTENDS SANCTIONS ON RUSSIA TO INCLUDE YACHTS, OTHER SHIPS, AIRCRAFT

On 8 March, Insurance Marine News reported that New Zealand is to introduce legislation that will allow it to impose sanctions against Russia – the first time New Zealand will have levied sanctions on a specified individual country.

https://insurancemarinenews.com/insurance-marine-news/new-zealand-extends-sanctions-on-russia-to-include-yachts-other-ships-planes/

KfW BANK ARRESTS GENTING HONG KONG’S FLAGSHIP WORLD DREAM IN SINGAPORE

On 8 March, Insurance Marine News reported that the bank had arrested the last cruise ship belonging to Genting Hong Kong’s that was still operating.  The German bank filed a mortgage claim against the vessel.  It is the fourth of Genting’s fleet of 17 cruise ships that is known to have been placed under arrest. 3 ships of the company’s US-based luxury cruise brand Crystal Cruises were arrested in early February. 

https://insurancemarinenews.com/insurance-marine-news/kfw-bank-arrests-genting-hong-kongs-flagship-world-dream-in-singapore/

US: RUSSIA TELECOM MTS AGREES TO VOLUNTARY 1-YEAR DPA EXTENSION

On 8 March, a post on the FCPA Blog reported that Russia’s biggest mobile phone company had agreed the voluntary extension citing “a variety of factors,” including the Covid-19 pandemic.  In 2019, it had paid $850 million in penalties to the DoJ and SEC to resolve FCPA violations and entered into a 2-year deferred prosecution agreement.

https://fcpablog.com/2022/03/08/russia-telecom-mts-agrees-to-voluntary-one-year-dpa-extension/

UK GOVERNMENT MAY HAVE BOUGHT 3 BILLION PPE GLOVES MADE BY FORCED LABOUR

On 7 March, the Guardian reported that officials from the Department of Health and Social Care told the Public Accounts Committee they were investigating allegations that the gloves were produced by forced labour.

https://www.theguardian.com/world/2022/mar/07/uk-government-may-have-bought-3bn-ppe-gloves-made-by-forced-labour

DOES FOREIGN SOVEREIGN IMMUNITY APPLY TO SANCTIONS ON CENTRAL BANKS?

On 7 March, a post on Lawfare posed this question saying that recent sanctions against Russia’s central bank have prompted mention of sovereign immunity as a potential limitation on sanctions by the US and EU.  Some scholars assume that immunity generally applies to these assets, but the issue is more complicated than it initially appears.

https://www.lawfareblog.com/does-foreign-sovereign-immunity-apply-sanctions-central-banks

PODCAST: THE UK AND THE OECD ANTI-BRIBERY CONVENTION

In the latest TRACE podcast, Michelle de Kluyver, partner in Addleshaw Goddard’s Global Investigations group, joins to discuss the UK’s history with the OECD Convention and what impact the revised Recommendation might have.

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

BRITAIN TO PHASE OUT RUSSIAN OIL IMPORTS BY END OF 2022

On 8 March, Reuters reported that Britain will phase out imports of Russian oil and oil products by the end of 2022 and consider banning its natural gas.

https://www.reuters.com/business/energy/uk-ban-russian-oil-imports-politico-2022-03-08/

UK: NEW BELARUS SANCTIONS GENERAL LICENCE

On 9 March, HM treasury issued a new General Licence which allows a flight data provider to make payment(s) directly or via a relevant institution to Belaeronavigatsia for aeronautical information publication data.  It also permits Belaeronavigatsia to provide aeronautical information publication data to flight data providers for the purposes of flight safety concerning civilian aircraft and allows the flight data providers to use this data.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1059823/Belaeronavigatsia_publication_notice_09.03.22.pdf

UK: GENERAL LICENCE ALLOWS FOR A 30-DAY WIND DOWN PERIOD OF POSITIONS INVOLVING VTB BANK

HM Treasury has issued a General Licence which allows those affected to wind down any transactions to which it is a party, involving the bank or a subsidiary including the closing out of any positions, and any activity reasonably necessary to effect this.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1059896/VTB_wind_down_licence_notice.pdf

https://www.statista.com/chart/27015/number-of-currently-active-sanctions-by-target-country

ISLE OF MAN: FURTHER SANCTIONS CHANGES AND GENERAL LICENCES

On 9 March, the Isle of Man issued 3 further news releases advising that – 4 entries on the Iran sanctions list have been amended; 2 new General Licences dealing with various banks or subsidiaries have been issued; and KHATIBA AL-TAWHID WAL-JIHAD (KTJ) had been added to the ISIL/Al-Qaida sanctions list.

https://www.gov.im/news/2022/mar/09/financial-sanctions-iran-nuclear-proliferation/

https://www.gov.im/news/2022/mar/09/financial-sanctions-russia-general-licences/

https://www.gov.im/news/2022/mar/09/financial-sanctions-isil-daesh-and-al-qaida/

KENTUCKY USED CAR DEALER SCAMS $4.3 MILLION FROM TOYOTA AND GETS 6 YEARS IN PRISON

On 9 March, CNET reported that James Pinson, a dealership owner from Kentucky, defrauded Toyota by taking advantage of a programme to buy back overly rusty trucks for 150% of the listed book value.

https://www.cnet.com/roadshow/news/kentucky-dealer-scams-toyota-gets-6-years/#ftag=CAD590a51e

THE SEIZURE OF A RUSSIAN MERCHANT VESSEL RAISES QUESTIONS ABOUT NEUTRALITY

On 9 March, a post on Lawfare says that the detention by France of a Russian merchant ship raises an important question which states should consider as they continue their attempts to impose costs on Russia: during armed conflict, can neutral states seize belligerent merchant vessels on the high seas and retain their neutral status?  It concludes that, looking at these facts through a neutrality lens, the seizure of the ship leaves room for claims that the detention was an “unneutral act” that aided one side in the conflict and was inconsistent with international neutrality obligations.

https://www.lawfareblog.com/seizure-russian-merchant-vessel-raises-questions-about-neutrality

 

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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