OTHER THINGS YOU MAY HAVE MISSED – APRIL 1

Panama Covid-19 update – numbers in ICu fall below 10 again at 8, with 75 more in other wards; and active cases fall by 84 (oddly, the number by which the total rose yesterday) to 2,523. There were no new fatalities reported, but 295 new cases.

1 APRIL 2022

US SANCTIONS RUSSIAN TECH COMPANIES, WHOLE SECTORS OF RUSSIAN ECONOMY

On 31 March, the Wall Street Journal reported that the US Treasury has imposed sanctions on nearly 3 dozen Russian companies and individuals that it said are helping Moscow evade the West’s economic pressure campaign and aiding the country’s defence and intelligence agencies.  Among those blacklisted include Russia’s largest microchip manufacturer, Mikron and supercomputer company T-Platforms.

https://www.wsj.com/articles/u-s-sanctions-russian-tech-companies-whole-sectors-of-russian-economy-11648748173

MONEY LAUNDERING IN TRADING WORKS OF ART – US TREASURY REPORT ADDRESSES NFT MARKETPLACES

On 31 March, DLA Piper published an article about a new report which sought to identify market participants and sections of the high-value art market that may present money laundering and terrorist financing risks to the US financial system.  While the Treasury report primarily focused on the traditional art market it included a section addressing the “emerging digital art market”. 

https://www.dlapiper.com/en/us/insights/publications/2022/03/money-laundering-in-trading-works-of-art/

THE GLOBAL THREAT OF GREEN FRAUD

On 29 March, an article from FTI Consulting Inc looks at how fraudsters threaten the system of government-funded net zero initiatives, the impact on public and private sectors, and actions one must take now to mitigate risk.  It says that protecting green investment from green fraud will not be easy.

https://www.fticonsulting.com/emea/insights/fti-journal/global-threat-green-fraud

AUSTRALIA ANNOUNCES FIRST MAGNITSKY-STYLE SANCTIONS

On 30 March, Nyman Gibson Miralis reported that the foreign minister issued the first set of Australian Magnitsky-style sanctions, targeting Russian individuals responsible for corruption.  The article explores how these sanctions emerged, who they apply to, and the implications for Australian businesses and individuals.

https://ngm.com.au/australia-announces-first-magnitsky-style-sanctions/

THE SWEDISH P+I CLUB: SANCTIONS AGAINST RUSSIA

On 30 March, an article from the Swedish Club says that the current sanctions landscape concerning Russia involves a wide number of states issuing their own, and differing, sanctions regimes against Russia and Russian interests meaning that due diligence requires other relevant sanctions regimes and lists to be consulted depending on the trade.  This adds a whole new layer of complexity to consider in international shipping.  

https://www.swedishclub.com/news/member-alert/sanctions-against-russia

A HIDDEN SPANISH GOVERNMENT REPORT REVEALS AN ALLEGED EMBEZZLEMENT OF $5 MILLION IN PANAMA

On 31 March, La Estrella carried an article about a report prepared by the Division of Control and Improvement of Management of the Ministry of Foreign Affairs that reveals an alleged embezzlement of $5 million in the office of the Spanish Agency for International Development Cooperation (AECID) in Panama.  It is said that the embezzlement carried out by an employee of the AECID office in Panama amounted to at least $5 million and that they were stolen over a period of 10 years.

https://www.laestrella.com.pa/internacional/mundo/220331/informe-oculto-gobierno-espanol-revela-supuesto-desfalco-5-millones-panama

GUIDANCE ON WHETHER THE CONTINUED LEASING OR FINANCE OF AIRCRAFT IN RUSSIA VIOLATES US LAW

On 21 March, an article in the National Law Review about recent US Commerce Department Press Release which clarifies that the Department’s restrictions on aviation exports to Russia issued in the wake of the invasion of Ukraine apply to whole aircraft, and not just to as aircraft components, software, and technology.

https://www.natlawreview.com/article/commerce-department-identification-aircraft-exported-to-russia-violation-export

LITHUANIA APPLIES SANCTIONS TO RUSSIAN CHANNEL ONE HOST

On 1 April, LRT reported that Lithuania has applied financial sanctions to Russian TV host Artyom Sheynin, who works for the state-owned propaganda outlet, Channel One.  Sheynin and his wife own an apartment in the Baltic Sea resort of Palanga. 

https://www.lrt.lt/en/news-in-english/19/1659995/lithuania-applies-sanctions-to-russian-channel-one-host

JAPAN: NEW SANCTIONS ON NORTH KOREA AFTER MISSILE LAUNCH

On 1 April, the Khaleej Times reported that Japan’s government has approved fresh sanctions against North Korea over its recent test-firing of an intercontinental ballistic missile (ICBM).

https://www.khaleejtimes.com/asia/japan-slaps-new-sanctions-on-north-korea-after-missile-launch

US REPATRIATES SMUGGLED ANCIENT ARTIFACTS TO LIBYA

On 1 April, the New Arab reported that the repatriated items include 2 sculptures dating to the 4th Century BC from the ancient city of Cyrene.

https://english.alaraby.co.uk/news/us-repatriates-smuggled-ancient-artifacts-libya

US: STUDENTS HELP COAST GUARD TO FIND UNMANNED SMUGGLING BOATS

On 31 March, the Seapower website reported that a unique student project is helping the US Coast Guard find small and hard to detect unmanned autonomous surface vessels that might be used to transport drugs into the US.  The US Coast Guard engaged the National Security Innovation Network, a Department of Defense office which collaborates with major universities and the venture community to develop solutions that drive national security innovation.  A project is to improve coastal surveillance, detection and interdiction capabilities to threats posed by this evolving threat.  The students were tasked with designing and testing a USV with similar characteristics to ones previously detected, and to test and demonstrate detection using an existing surveillance tool.

https://seapowermagazine.org/students-help-coast-guard-to-find-unmanned-smuggling-boats/

MONEYVAL CARRIES OUT A FACE-TO-FACE MEETING WITH BULGARIA

On 18 March, the Council of Europe reported that, in the framework of the 5th round of mutual evaluation of Bulgaria, MONEYVAL organised a meeting between the assessment team and Bulgarian authorities on 16-18 March in Strasbourg. 

https://www.coe.int/en/web/moneyval/-/moneyval-carries-out-a-face-to-face-meeting-with-bulgaria

GHANA: CRIMINALS CONCEALING MONEY LAUNDERING ACTIVITIES IN REAL ESTATE MARKET 

On 1 April, Ghana Web reported that the FATF-style regional body GIABA has said that real estate in Ghana is said to be a major avenue for money laundering in the country. 

https://www.ghanaweb.com/GhanaHomePage/business/FLASHBACK-Criminals-concealing-money-laundering-activities-in-real-estate-market-GIABA-1505006

4 MAJOR CHANGES TO CORPORATE TRANSPARENCY IN 2022

On 31 March, an article from Control Risks puts a spotlight on what the corporate transparency landscape will look like in 2022 and what steps you should take now to respond.

https://www.controlrisks.com/our-thinking/insights/beneficial-ownership

DEMOCRACY IS BEING DESTROYED IN LATIN AMERICA

On 30 March, an article from Control Risks says that Latin America is experiencing a wave of authoritarianism and populism, and populist authoritarianism, eroding and, in some cases, destroying democracy; and this will continue in 2022. 

https://www.controlrisks.com/our-thinking/insights/latin-america-democracy-is-being-destroyed

CPS RESPONDS TO CHANGING NATURE OF SERIOUS ECONOMIC AND ORGANISED CRIME WITH A NEW TEAM

On 1 April, a news release from the Crown Prosecution Service announced the launch of a united team to tackle the changing nature of serious and organised crime.  The Serious Economic, Organised Crime and International Directorate (SEOCID) brings together specialists in economic crime, organised crime, proceeds of crime and international to deliver justice, combat crime across borders and take money from criminals.

https://www.cps.gov.uk/cps/news/cps-responds-changing-nature-serious-economic-and-organised-crime-new-team

US DoJ DECLINES TO PROSECUTE INSURANCE BROKER OVER ECUADOR BRIBES

On 31 March, the Wall Street Journal reported that prosecutors claim that Marsh & McLennan’s Jardine Lloyd Thompson funnelled over $3 million in bribes to Ecuadorian officials.  Prosecutors made public their decision not to prosecute the company, Jardine Lloyd Thompson Group Holdings Ltd., in a letter posted without announcement to a Justice Department website.

https://www.wsj.com/articles/justice-department-declines-to-prosecute-insurance-broker-over-ecuador-bribes-11648680240

BNP PARIBAS SA FACED EXTRA SCRUTINY FROM THE FCA OVER HOW IT TREATS ITS OWN WHISTLE-BLOWERS

On 30 March, Bloomberg Law reported that a case before the Employment Tribunal reported that the Financial Conduct Authority conducted a “specialist-led financial crime visit” at the bank’s London offices following allegations that it sold products unlawfully through a network of “rogue” agents to win business in Italy.

https://news.bloomberglaw.com/securities-law/bnps-treatment-of-bribery-whistle-blowers-gets-fca-scrutiny

AUSTRALIA: STAR CASINO JUNKET CEASED ONLY AFTER CEO ARREST

On 31 March, the Canberra Times reported that it took the arrest of Macau-based junket operator Suncity’s CEO for the company to be stopped from running private gaming rooms at Sydney’s Star casino. Star’s general manager of financial crime and investigations had resumed giving evidence to the New South Wales gaming regulator’s inquiry into the casino’s fitness to hold a licence.

https://www.canberratimes.com.au/story/7680634/star-junket-ceased-only-after-ceo-arrest/

TAKEDOWN OF ONLINE INVESTMENT FRAUD IN ALBANIA WITH 15 ARRESTS

A news release from Eurojust on 31 March reported that authorities in Albania and Germany have taken down a fraudulent online investment platform that defrauded victims, including many Germans, of at least several million euros. During a recent action day, 15 suspects were arrested and 8 places were searched in Tirana.

https://www.eurojust.europa.eu/news/takedown-online-investment-fraud-albania-15-arrests

SEC PROPOSES RULES TO ENHANCE DISCLOSURE AND INVESTOR PROTECTION RELATING TO SPECIAL PURPOSE ACQUISITION COMPANIES (SPAC), SHELL COMPANIES, AND PROJECTIONS

On 30 March, the SEC issued a news release saying that it has proposed new rules and amendments to enhance disclosure and investor protection in initial public offerings by special purpose acquisition companies (SPAC) and in business combination transactions involving shell companies, such as SPAC, and private operating companies.

https://www.sec.gov/news/press-release/2022-56

RUSSIAN OIL COMPANY SHUFFLES VENEZUELA ASSETS AS SANCTIONS BITE

On 28 March, Yahoo reported that a Russian oil company used to provide a workaround to US oil trading sanctions on Venezuela is scrabbling to avoid another set of sanctions, documents show, this time from Europe and the US over Russia’s invasion of Ukraine.  Roszarubezhneft is attempting to transfer ownership of its Venezuelan assets from its European units to another company in Russia.

https://uk.sports.yahoo.com/news/exclusive-russian-oil-firm-shuffles-040451353.html

WAKING UP TO REPUTATION LAUNDERING AS A MECHANISM FOR TRANSNATIONAL KLEPTOCRACY

The National Endowment for democracy in the US has published this report saying that while much of the focus on combating transnational kleptocracy has centred on money laundering, addressing the vulnerabilities that allow kleptocrats to engage in reputation laundering — the process by which they attempt to distance themselves from the illicit source of their wealth — is critical for combating authoritarian influence and defending the health and viability of democracy.  The 5 essays in the report illuminate the scope and scale of this transnational challenge and offer recommendations for countering the corrosive effects of reputation laundering on democratic institutions.

https://www.ned.org/global-insights-waking-up-to-reputation-laundering-as-a-mechanism-for-transnational-kleptocracy-march-2022/

DUTCH POLICE SEIZE NFT FOR THE FIRST TIME

On 30 March, NL Times reported that police cybercrime investigators in Oost-Nederland seized cryptocurrency and non-fungible tokens as part of its investigation into the widespread trade in private data.  It marks the first time that a Dutch investigative service seized NFT. 

https://nltimes.nl/2022/03/30/dutch-police-seize-nfts-first-time-ever

PRESIDENT’S RELATIVE CONTROLS TURKMENISTAN’S ONLY MOBILE OPERATOR

On 31 March, an article from OCCRP says that Turkmenistan’s only mobile operator, Altyn Asyr, enjoys an undisputed monopoly despite frequent complaints about poor service and exorbitant prices.  Though its shareholders are not publicly named, reporters learned that it is run by a member of the President’s family.

https://www.occrp.org/en/investigations/one-familys-golden-age-presidents-relative-controls-turkmenistans-only-mobile-operator

US ADDS 120 ENTITIES IN BELARUS AND RUSSIA TO ITS EXPORT CONTROL ENTITY LIST

On 1 April, KPMG reported that the Bureau of Industry and Security (BIS) of the US Commerce Department had added120 entities to the EAR Entity list.   95 of the 120 entities on the Entity List because they are determined to be military end-users.

https://home.kpmg/us/en/home/insights/2022/04/tnf-us-additions-to-entity-list-120-entities-in-belarus-and-russia.html

PROJECT SAPPHIRE: HOW TO KEEP 600 TONS OF KAZAKH HIGHLY ENRICHED URANIUM SAFE

On 1 April, an article from War on the Rocks relates the story of a a secret US-Kazakh operation codenamed Project Sapphire in the 1990s. The story of its success reveals that trust between countries can make the most challenging and high-stake cooperative security initiatives a reality.

https://warontherocks.com/2022/04/project-sapphire-how-to-keep-600-tons-of-kazakh-highly-enriched-uranium-safe

PODCAST: WHAT BANKS NEED TO KNOW ABOUT RUSSIA SANCTIONS COMPLIANCE

On 23 March, the American Banking Association released this podcast which includes red flags, an overall view of sanctions and what banks should be anticipating in the near future, and the role of software.

https://bankingjournal.aba.com/2022/03/podcast-what-banks-need-to-know-about-the-russia-sanctions/

CMA CGM IS SAID TO BE POISED TO ACQUIRE FRENCH AUTOMOTIVE AND INDUSTRIAL LOGISTICS FIRM GEFCO, CURRENTLY 75%-OWNED BY RUSSIAN RAILWAYS (RR)

On 1 April, Loadstar reported that CMA CGM reportedly wanting to acquire the Russian state utility has been on the EU and US trade sanctions lists since late-February following Russia’s invasion of Ukraine.

https://theloadstar.com/cma-cgm-poised-to-acquire-gefco/

GHANA: GOLD ROYALTIES DEAL CHALLENGED BY ANTI-CORRUPTION ORGANISATIONS IN ECOWAS COURT OF JUSTICE

On 31 March, Transparency International reported that the ECOWAS Court of Justice heard a case to determine whether the government of Ghana had violated the rights of its people by proposing to sell the country’s gold royalties in perpetuity in the Agyapa Royalties deal; which involves mining leases to an offshore company registered offshore in Jersey.

https://www.transparency.org/en/press/controversial-ghana-agyapa-deal-hearing-regional-ecowas-court

HOW NIGEL FARAGE COULD MAKE MILLIONS FROM A COMPANY BETTING ON NET ZERO

On 30 March, Unearthed reported that former MEP and “Mr Brexit”, Nigel Farage, could make €18.5 million from share options he holds in a carbon offsetting company that says it disagrees with his recent comments on net zero. 

https://unearthed.greenpeace.org/2022/03/30/nigel-farage-net-zero-offsetting/

EU COURT ANNULS SANCTIONS DESIGNATIONS OF FORMER PRESIDENT OF UKRAINE VIKTOR FEDOROVYCH YANUKOVYCH AND HIS SON, OLEKSANDR VIKTOROVYCH YANUKOVYCH WHO NEVERTHELESS REMAIN DESIGNATED

On 1 April, a news release from the European Court of Justice advised that the EU General Court had annulled the March 2020 acts maintaining the designations of the 2 individuals.  However, they remain subject to an asset freeze as their listings were renewed until 6 September 2022 (and are also listed by the UK).

https://www.europeansanctions.com/2022/04/2020-designations-of-former-president-yanukovych-and-son-annulled/

FinCEN ASSESSES $275,000 CIVIL MONEY PENALTY AGAINST A&S WORLD TRADING FOR VIOLATING GEOGRAPHIC TARGETING ORDER

On 1 April, a news release from FinCEN advised that it had imposed a penalty on A&S World Trading Inc (aka Fine Fragrance (A&S)) for wilful violations of the Bank Secrecy Act (BSA) and its implementing regulations.  This is FinCEN’s first enforcement action for failing to comply with a Geographic Targeting Order (GTO).  A&S failed to report more than $2 million in high-risk currency transactions relating to certain non-financial trades and businesses located within the Los Angeles Fashion District.

https://www.fincen.gov/news/news-releases/fincen-assesses-275000-civil-money-penalty-against-world-trading-violating

US MARITIME CYBER ALERT: SPOOFED BUSINESS WEBSITES

On 31 March, Homeland Security Today reported that the US Coast Guard encourages maritime stakeholders whose websites could be spoofed to regularly review their online presence and validate their legitimate websites.  It refers to an increase in fake business websites targeting the Marine Transportation System (MTS), with partners having discovered well-constructed, fake websites masquerading as their legitimate business websites.

https://www.hstoday.us/subject-matter-areas/cybersecurity/maritime-cyber-alert-spoofed-business-websites/

https://www.dco.uscg.mil/Portals/9/Maritime%20Cyber%20Alert%2001-22%20TLP%20WHITE.pdf

SDN AS TENANTS: HOW LANDLORDS CAN BE IMPACTED BY SANCTIONS AGAINST RUSSIAN NATIONALS

On 1 April, an article from Pillsbury says that the listing of Specially Designated Nationals (SDN) by OFAC in the US has the potential to impact any American doing business with a named party, including landlords who lease real estate to sanctioned persons.

https://www.pillsburylaw.com/en/news-and-insights/specially-designated-nationals-tenants.html

https://www.cityoflondon.police.uk/police-forces/city-of-london-police/areas/city-of-london/about-us/about-us/ifed/ghost-broking/

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US SANCTIONS FOR NORTH KOREAN WMD ORGANISATION AND SUBSIDIARIES

On 1 April, the US Treasury advised that OFAC had sanctioned 5 entities for providing support to the DPRK’s development of WMD and ballistic missile programs in violation of multiple United Nations Security Council resolutions. 

https://home.treasury.gov/news/press-releases/jy0695

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220401

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US COMPANY TO PAY $79,000 TO SETTLE TRANSACTIONS IN 2016 AND 2017 IN VIOLATION OF UKRAINE-RELATED SANCTIONS

On 1 April, KPMG reported that OFAC had announced a New York-based company, S&P Global Inc, which provided business information and financial analytics has agreed to pay approximately $79,000 to settle its potential civil liability for apparent violations of the Ukraine-related sanctions regulations involving JSC Rosneft.  These came after the company had acquired Petroleum Industry Research Associates Inc (PIRA), a US company that provided research and forecasting products and services to over 500 energy and commodity customers.

https://home.kpmg/us/en/home/insights/2022/04/tnf-us-company-agrees-to-pay-to-settle-transactions-in-2016-and-2017-in-violation-of-ukraine-related-sanctions.html

https://home.treasury.gov/system/files/126/20220401_spglobal.pdf

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UK FIU “SARs IN ACTION” FOCUSES ON UKRAINE

The UK FIU has published the latest edition of this newsletter.  It focuses on the situation relating to Ukraine and mentions the new Combating Kleptocracy Cell, its remit and objectives.  It includes an overview of sanctions – what they are, how they work, who’s responsible for implementing them and how they are enforced.

https://nationalcrimeagency.gov.uk/who-we-are/publications/591-sars-in-action-march-2022/file

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HOW THE SOLAR ENERGY SECTOR CAN BEST ADDRESS MODERN SLAVERY RISKS

A project from the University of Nottingham reports that around 40% of the global supply of polysilicon – a critical component of solar panels – comes from Xinjiang Uyghur Autonomous Region, where it is reported to be made with state-sponsored forced labour. And between 15% and 30% of the cobalt in lithium-ion batteries used widely to store solar energy, including in electric vehicles (EVs), comes from informal mines in Democratic Republic of Congo, where forced and child labour are common.  Its report sets out a new method for estimating the forced labour risk in countries’ on-grid, photovoltaic (PV) solar energy production, along with ideas for international collaboration to combat that risk.  It says that the rapid increase in demand for solar energy risks fuelling demand for slave-made products, including polysilicon used in solar panels and cobalt used in lithium-ion batteries.  It says that the industry needs a roadmap to transform the solar energy production system so that it is truly just and equitable, promoting not only the freedom of consumers from fossil fuel dependence but also the freedom of workers and producers.

https://www.nottingham.ac.uk/Research/Beacons-of-Excellence/Rights-Lab/Research-Projects/Solar-Energy-Modern-Slavery-and-the-Just-Transition.aspx

https://www.nottingham.ac.uk/research/beacons-of-excellence/rights-lab/resources/reports-and-briefings/2022/march/briefing-energy-of-freedom.pdf

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OECD PROPOSES RULES FOR INTERMEDIARY CRYPTO-ASSET REPORTING AND DUE DILIGENCE

On 31 March, an article from Freeman Law reported that the OECD has issued proposed rules for the collection and exchange of information on transactions involving crypto-assets.  OECD intends for these rules to be incorporated into the domestic law of member jurisdictions to collect information from certain cryptoassets intermediaries residing within those jurisdictions.  OECD requests public comments on the proposed rules by 29 April. 

https://freemanlaw.com/oecd-proposes-rules-for-intermediary-crypto-asset-reporting-due-diligence/

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UK: NEW RUSSIA SANCTIONS GENERAL LICENCE

On 1 April, HM Treasury issued a new General Licence which permits the receipt and onward transfer of non-rouble denominated interest/coupon or maturity/principal payments in connection with debt issued by the Central Bank of the Russian Federation; the National Wealth Fund of the Russian Federation; and the Ministry of Finance of the Russian Federation before 1 March.  The Licence expires on 30 June.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065927/INT.2022.1495176_publication_notice.pdf

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COUNTERING RUSSIAN INFLUENCE IN THE UK

On 1 April, a research briefing from the House of Commons Library says that Russian investment in the UK totals tens of billions, but it is not clear exactly how much because of the difficulty in tracing the beneficial (ultimate) owners of some assets, including UK property.  24 Russian companies are listed on the London Stock Exchange, including gas giant Gazprom, oil company Rosneft, and Sberbank (Russia’s largest bank).  It is estimated that £1.5 billion of UK property has been bought by Russians accused of corruption or links to the Russian Government, including £430 million of property in the City of Westminster alone.

https://researchbriefings.files.parliament.uk/documents/CBP-9472/CBP-9472.pdf

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OTHER THINGS YOU MAY HAVE MISSED – MARCH 31

Panama Covid-19 update – 293 new cases reported today and 2 new fatalities; with active cases up by 84 to 2,607; with 10 in ICU and 87 in other wards.

31 MARCH 2022

ISLE OF MAN: RUSSIA AND BELARUS SANCTIONS AMENDMENTS

On 31 March, the Isle of Man published 2 news releases advising that an entry on the Russian sanctions list for Sergey Pavlovich IVANOV had been amended, and that a duplicate entry for Aleksander Aleksandrovich MIKHEEV had been deleted; and that on the Belarus sanctions list, the entry for OJSC KB RADAR-MANAGING COMPANY HOLDING RADAR SYSTEM had been amended.

https://www.gov.im/news/2022/mar/31/financial-sanctions-russia/

https://www.gov.im/news/2022/mar/31/financial-sanctions-belarus/

STEMMING THE TIDE OF FAKE MEDICINE IN GABON

On 17 March, an article in ENACT Africa reported that cheap and deadly counterfeit drugs are found around every corner in Gabon’s major cities, despite their dangers.  Criminals selling counterfeit medicine in Gabon include wholesale smugglers, cigarette vendors and street hawkers, who openly peddle painkillers, tranquillisers, cough syrups and rheumatism medication, among others.  Counterfeit medicines are frequently found at roadside stalls, which are common in cities but rarely regulated.  Most users of counterfeit medicine buy from roadside hawkers because fake drugs are cheaper and easier to obtain than genuine medicines.  The article makes various recommendations

https://enactafrica.org/enact-observer/stemming-the-tide-of-fake-medicine-in-gabon

OECD WORKING GROUP’S PHASE 4 REPORT ON FRANCE DISTRIBUTES GOOD AND BAD MARKS

On 29 March, an article from Soulier Avocats considers the good and bad points in the December report on France’s progress in the fight against foreign bribery.  It says that the 237-page Phase 4 Report, including annexes, highlights France’s notable achievements in the fight against foreign bribery since Phase 3 in 2012.

https://www.mondaq.com/france/white-collar-crime-anti-corruption-fraud/1176772/fighting-foreign-bribery-the-oecd-working-group39s-phase-4-report-on-france-distributes-good-and-bad-marks

STAFF WORKING ON LUXURY YACHTS AND PRIVATE JETS OWNED BY SANCTIONED RUSSIAN OLIGARCHS COULD FACE PUNISHMENT AS UK GOVERNMENT TIGHTENS RESTRICTIONS

On 31 March, Business Insider reported that crew working on superyachts and private jets belonging to sanctioned Russian oligarchs could be subject to UK sanctions after the government tightened restrictions.

https://www.businessinsider.com/staff-superyacht-jet-russian-oligarchs-may-face-sanctions-uk-government-2022-3

BILLIONAIRE HUANG BOUGHT $1.7 BILLION IN CHIPS AT STAR CASINO, INQUIRY HEARS

On 31 March, Australian Financial Review reported that Chinese billionaire Huang Xiangmo bought $1.7 billion worth of chips at Sydney’s Star casino over 5 years to 2018 but its senior compliance manager did not investigate the source of the cash.  It was said that senior executives would have known about Huang Xiangmo’s gambling as he was a top-3 debtor to the casino.

https://www.afr.com/companies/games-and-wagering/billionaire-huang-bought-1-7b-in-chips-at-star-20220331-p5a9lz

UK: TRADE IN DUAL-USE ITEMS (COUNCIL REGULATION (EC) NO 428/2009) (AMENDMENT) REGULATIONS 2022

These new Regulations make amendments to the control lists in the retained EU Dual-Use Regulation are a direct consequence of the UK membership of the Wassenaar Arrangement. The Wassenaar Arrangement control lists are kept up to date to reflect changing circumstances and technological developments and are part of a regime for the control of exports, transfer, brokering and transit of dual-use items.

https://www.legislation.gov.uk/uksi/2022/410/contents/made

UK RUSSIA SANCTIONS GUIDANCE UPDATED

On 31 March, HM Treasury issued updated guidance which extends prohibitions to non-government controlled Ukrainian territory.

https://www.gov.uk/government/publications/financial-sanctions-faqs#full-publication-update-history

UK NOTICE TO IMPORTERS 2953: RUSSIA IMPORT SANCTIONS

On 30 March, the Department for International Trade published this latest Notice to Importers which is concerned with import prohibitions in force under the Russia Sanctions Regulations 2019, as amended. An amendment to the Regulations extends the existing import sanctions measures in relation to Crimea and the city of Sevastopol to the non-government-controlled areas of the Donetsk and Luhansk oblasts of Ukraine.

https://www.gov.uk/government/publications/notice-to-importers-2953-russia-import-sanctions/nti-2953-russia-import-sanctions

RUSSIAN TANKERS GO DARK OUT AT SEA TO CIRCUMVENT SANCTIONS

On 31 March, OCCRP reported that Russian oil and chemical tankers are disabling their on-board automated identification systems (AIS), thereby keeping authorities in the dark as to their whereabouts while at sea.  The move is seen as an attempt by Russia to circumvent international sanctions brought about by the country’s invasion of Ukraine. 

https://www.occrp.org/en/daily/16137-russian-tankers-go-dark-out-at-sea-to-circumvent-sanctions

CHILE BECOMES INCREASINGLY FERTILE GROUND FOR MARIJUANA PLANTATIONS

On 30 March, Insight Crime reported that authorities have discovered several marijuana plantations in a mountainous region of central Chile, revealing that the country is no longer just a major destination point for cannabis but a producer as well.

https://insightcrime.org/news/chile-becomes-increasingly-fertile-ground-marijuana/

IRELAND: ORGANISED CRIMINALS INFILTRATING SPORT TEAMS TO FIX MATCHES

On 29 March, the Irish Times reported that  the Garda National Economic Crime Bureau has said that it was conducting multiple ongoing investigations into suspected match fixing.  It is said that gangs were attempting “to infiltrate themselves into clubs and teams” to rig matches by having a key player deliberately underperform “to ensure a match or a game goes a certain way”.

https://www.irishtimes.com/news/crime-and-law/organised-criminals-infiltrating-teams-to-fix-matches-garda-warns-1.4839366

EL SALVADOR DECLARES STATE OF EMERGENCY TO COMBAT GANGS

On 30 March, OCCRP reported that El Salvador has declared a state of in order to combat criminal organizations across the country which authorities blame for 73 homicides committed just over a weekend, making it one of the deadliest since the country’s civil war ended in 1992.  Under the 30-day measure. Salvadorans will not be allowed to gather in larger groups while security forces will be able to arrest suspects without an order.

https://www.occrp.org/en/daily/16130-el-salvador-declares-state-of-emergency-to-combat-gangs

SWISS PRIVATE BANK PICTET RAIDED IN PETROBRAS-LINKED PROBE

On 30 March, Yahoo News reported that prosecutors searched the offices of Swiss private bank Pictet in mid-March in connection with a criminal probe into dealings with Brazilian state-run oil firm Petrobras – the so-called Car Wash probe (Lava Jato). 

https://finance.yahoo.com/news/swiss-private-bank-pictet-raided-173201640.html

GAFILAT ON-SITE VISIT TO ECUADOR IN THE FRAMEWORK OF THE FOURTH ROUND OF MUTUAL EVALUATIONS

On 31 March, the FATF-style regional body for Latin America reported that an evaluation team is to hold an on-site visit to Quito from 28 March to 8 April.  The Mutual Evaluation process of Ecuador formally began in November 2021, and will end next December 2022.

https://www.gafilat.org/index.php/es/noticias/168-visita-in-situ-del-gafilat-al-ecuador-en-el-marco-de-la-4ta-ronda-de-evaluaciones-mutuas

ECB PUBLISHES REPORT ON PAYMENT PREFERENCES AS PART OF DIGITAL EURO INVESTIGATION PHASE

On 30 March, the European Central Bank said that it had published the findings of its commissioned research on EU citizens’ payment habits and their attitudes towards digital payments in order to gain a deeper understanding of user preferences as part of the digital euro project.  It is said that the report shows a strong preference for payment methods with pan-European reach and universal acceptance in physical shops and online.  High safety and security standards seen as fundamental for digital payment methods.

https://www.ecb.europa.eu/paym/digital_euro/investigation/profuse/shared/files/dedocs/ecb.dedocs220330_report.en.pdf

UK LAW COMMISSION PUBLISHES DRAFT LEGISLATION FOR THE LEGAL RECOGNITION OF ELECTRONIC TRADE DOCUMENTS

On 31 March, Reed Smith published a post in its Ship Law Blog refers back to a 2021 consultation paper which highlighted the fundamental “possession problem” for electronic trade documents: simply put, under English law, electronic trade documents, being intangible things, cannot be legally “possessed” and so cannot function like their paper equivalents.  The Law Commission has now published its revised recommendations and draft legislation in a report laid before Parliament.  It says that the Law Commission’s latest proposals on electronic trade documents represent a significant step towards updating and aligning English law with the rapid technological change which brings about the digitalisation of international trade.

https://www.shiplawlog.com/2022/03/30/solving-the-possession-problem-law-commission-publishes-draft-legislation-for-the-legal-recognition-of-electronic-trade-documents

PRESIDENT BIDEN’S EXECUTIVE ORDER ANNOUNCES US POLICY OBJECTIVES ON DIGITAL ASSETS

On 31 March, an Alert from K2 Integrity was concerned with the Executive Order outlining the US Government’s national policy objectives and “whole-of-government” strategy for understanding the benefits and addressing the risks of digital assets.   The EO sets forth an interagency policy coordination process to research and analyse digital assets and CBDC technology.

https://www.k2integrity.com/en/knowledge/policy-alerts/president-bidens-executive-order-announces-us-policy-objectives-on-digital-assets

US SEES COMPLIANCE, EVEN ‘SELF-SANCTIONING’, ON RUSSIA EXPORT CONTROLS IN ASIA

On 28 March, Reuters reported that the US has not seen any indications of non-compliance in Asia with export controls on Russia due to its invasion of Ukraine, and companies are even self-sanctioning.  It is said that major players know there is a significant risk to their business if they don’t comply because of actions the US could take.

https://www.reuters.com/world/us/us-sees-compliance-even-self-sanctioning-russia-export-controls-asia-2022-03-29

VENEZUELAN GOLD AND NICARAGUA’S ORTEGA-MURILLO REGIME

A Commentary from CSIS on 8 March explored how the Maduro regime has been spreading the wealth derived from illicit mining to other governments in the region – specifically, it says that Nicaragua’s dictatorship, headed by President Daniel Ortega and First Lady and Vice President Rosario Murillo, has been a prime recipient of Venezuela’s largesse and illicit financial linkages.  It also says that  the Maduro regime’s gold-running scheme via Nicaragua continues a long-standing trend of illicit finance from Venezuela to Nicaragua first observed in its Petrocaribe programme, which provided a platform to launder an estimated $4 to $6 billion from Petróleos de Venezuela, SA (PDVSA) to Nicaragua.

https://www.csis.org/analysis/authoritarian-survival-venezuelan-gold-and-nicaraguas-ortega-murillo-regime

https://www.statista.com/chart/12707/largest-known-crypto-currency-thefts

US LIST OF AIRCRAFT EXPORTED TO RUSSIA IN APPARENT VIOLATION OF US EXPORT CONTROLS

On 31 March, KPMG reported that the  Bureau of Industry and Security (BIS) of the Department of Commerce has updated a list of aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (EAR). BIS added 73 new aircraft and removed 12 aircraft that have been authorised to return to owners in partner countries.

https://home.kpmg/us/en/home/insights/2022/03/tnf-us-list-aircraft-exported-russia-violation-us-export-controls.html

IRAN’S CENTRIFUGES: MODELS AND STATUS

On 30 March, the Iran Watch website said that Iran possesses thousands of gas centrifuges that are the mainstay of its nuclear programme.  These spin uranium hexafluoride gas (UF6) to separate uranium isotopes suitable for nuclear fuel, a process known as uranium enrichment.  The number and capacity of these machines determine Iran’s “breakout” time: how long it would take Iran — if it decided to do so — to produce the fuel for a small nuclear arsenal.  The machines are also key to Iran’s ability to “sneakout” by producing nuclear weapon fuel at secret sites.  A table sets out the capacity and primary materials of each of Iran’s currently-deployed centrifuge models, as well as the number of each model known from publicly-available IAEA reports to be installed and/or producing enriched uranium at Iran’s 3 declared enrichment sites: the Fuel Enrichment Plant (FEP) and Pilot Fuel Enrichment Plant (PFEP) at Natanz and the Fordow Fuel Enrichment Plant (FFEP) at Fordow. 

https://www.iranwatch.org/our-publications/weapon-program-background-report/irans-centrifuges-models-status

CAYMAN ISLANDS IMPROVES ITS FATF TECHNICAL COMPLIANCE

On 31 March, an article from Conyers noted that, in February 2021, FATF determined that the Cayman Islands was compliant or largely compliant with 39 of the FATF 40 Recommendations at the time.  This was further upgraded in October 2021, and the Cayman Islands is now rated as compliant or largely compliant with all 40 FATF Recommendations.  Separately, the Cayman Islands remains under monitoring with regards to the Caribbean Financial Action Task Force’s (CFATF) effectiveness review.

https://www.conyers.com/publications/view/cayman-islands-improves-its-fatf-technical-compliance/

US: FORMER COAL COMPANY VICE PRESIDENT ARRESTED AND CHARGED WITH FOREIGN BRIBERY, MONEY LAUNDERING, AND WIRE FRAUD

On 31 March, a news release from US DoJ advised that a former coal company executive, Charles Hunter Hobson, 46, of Knoxville, Tennessee, was arrested on charges of violating the Foreign Corrupt Practices Act (FCPA), laundering funds, and receiving kickbacks as part of an alleged scheme to pay bribes to government officials in Egypt in connection with contracts with an Egyptian state-owned and state-controlled company, Al Nasr Company for Coke and Chemicals (Al Nasr).

https://www.justice.gov/opa/pr/former-coal-company-vice-president-arrested-and-charged-foreign-bribery-money-laundering-and

OECD OPENS CONSULTATION ON NEW CRYPTO-ASSET REPORTING FRAMEWORK AND CHANGES TO CRS

On 31 March, DQ in the Isle of Man reported that the OECD has opened a consultation on a new Crypto-Asset Reporting Framework (CARF) as well as on changes to the Common Reporting Standard (CRS).

https://dq.im/wp-content/uploads/2022/03/DOU0030068-CARF-Article-DQ.pdf

CHINA SANCTIONS US OFFICIALS WHO “LIED” ABOUT HUMAN RIGHTS

On 31 March, La Estrella reported that China has announced that it has applied sanctions against an unspecified group of US officials it accused of “fabricating lies” about the human rights situation in China.

https://www.laestrella.com.pa/internacional/mundo/220331/china-sanciona-funcionarios-estadounidenses-mintieron-ddhh

EXAMINING DIGITAL CURRENCY USAGE BY TERRORISTS IN SYRIA

An article in the CTC Sentinel explores examples emerging from networks operating in Syria; and some of the specific factors in Syria that might influence the use of digital currencies by networks linked to the Islamic State and Al-Qaida’s past and present Syria-based associates.

https://ctc.westpoint.edu/examining-digital-currency-usage-by-terrorists-in-syria/

CHEMICAL WEAPONS CONVENTION: TRANSFER DISCREPANCIES IN SCHEDULED CHEMICALS TRADE FLOWS

On 21 March, the Stimson Center reported that discrepancies in annual declarations of scheduled chemicals transfers challenge the ability to track the international trade of Schedule 2 and 3 chemicals.  In the 2019 declaration, 581 transfers involving 92 States Parties showed discrepancies.

https://www.stimson.org/2022/transfer-discrepancies

CHEMICAL WEAPONS CONVENTION: MONITORING AND TRACKING CHEMICALS (MATCH) PROJECT

The Stimson Center on 31 March said that the Chemical Weapons Convention (CWC) requires that States Parties report annually on the transfer of chemicals listed under the Convention as part of ongoing efforts to prevent the re-emergence of chemical weapons programmes.  The MATCH project is a prototype software system that will attempt to address fundamental challenges to reconciling transfer data for commonly traded Schedule 2 and Schedule 3 chemicals by establishing a secure, authoritative distributed ledger to simulate transfers between hypothetical States Parties. The project began in September 2021 and runs through January 2023.

https://www.stimson.org/project/match

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