OTHER THINGS YOU MAY HAVE MISSED – APRIL 11

Panama Covid-19 update – La Prensa reported that, on the occasion of the activities related to Holy Week (a big thing in Catholic Panama), the Ministry of Health (Minsa) reiterated its call to the population to continue with biosecurity measures to avoid Covid-19 infections, while warning that the pandemic is not over.

Meanwhile, to reinforce the message, 1 new fatality and 136 new cases reported today, with 8 patients in ICU and 77 in other wards.

11 April 2022 

EU GUIDANCE TO THE MEMBER STATES CONCERNING FOREIGN DIRECT INVESTMENT FROM RUSSIA AND BELARUS

On 6 April, the EU published this Guidance in the light of the war in Ukraine and resulting sanctions measures.  In part, it explains that the FDI Screening Regulation provides an essential EU-wide framework in which the Commission and the Member States can coordinate their actions on foreign investments to ensure the protection of security and public order if such objectives are threatened by foreign direct investments.  Member States may also screen investments that do not fall within the scope of application of the FDI Screening Regulation, provided such control is done in compliance with the EU Treaty provisions on free movement of capital and establishment.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.CI.2022.151.01.0001.01.ENG&toc=OJ%3AC%3A2022%3A151I%3ATOC

EU DATA ACT: 6 IMPOSSIBLE THINGS BEFORE BREAKFAST?

A Commentary from the Centre for European Policy Studies on 11 April says the proposed Act, published in February, pursues (at least) 6 challenging goals, in the light of the Commission having estimated that 90 % of European data are currently in the hands of a fistful of US-based tech giants.  It is argued that the provisions portray a completely different view of the digital economy, from the locus of free-flowing data to a patchwork of private data, shared data, and publicly available (and appropriable) data.  It will also have to grapple with a lack of effective enforcement, and the ability of tech giants to dodge regulation, or even use it to pursue their own interests.

https://www.ceps.eu/the-data-act-six-impossible-things-before-breakfast/

JAPAN’S SANCTIONS AGAINST RUSSIA: ASSET FREEZING

On 11 April, Japanese law firm Nagashima Ohno & Tsunematsu published an article which outlines the sanctions against Russia that the government has introduced up to 21 March in relation to asset freezing.

https://www.lexology.com/commentary/white-collar-crime/japan/nagashima-ohno-tsunematsu/japans-sanctions-against-russia-asset-freezing

FINLAND RETURNS TO RUSSIA $46 MILLION ARTWORKS SEIZED UNDER EU SANCTIONS

On 10 April, India Today carried an AP report saying that that a shipment of art works from Russian museums has been returned to Russia after it was seized under EU sanctions against Moscow.  It is said that the Foreign Ministry granted a special permit to return the consignment.  The shipment was seized at a border crossing at the beginning of April, with the works returning to Russia after loan to museums in Europe and Japan.

https://www.indiatoday.in/world/russia-ukraine-war/story/finland-returns-shipment-art-works-russia-seized-eu-sanctions-1935805-2022-04-10

APG RECOGNISED THE “IMPROVEMENT” IN THE ROLE OF MACAU’S CASINO REGULATOR IN AML/CFT

On 8 April, GGR Asia reported that the FATF-style regional body, Asia/Pacific Group on Money Laundering (APG), had made the comment in its Mutual Evaluation Follow-up Report 2021 on the Macau, and which has not been made public.  However, it is reported that there was “no change in the overall ratings” of the APG regarding Macau’s technical compliance on AML/CFT.

https://www.ggrasia.com/asia-pacific-group-says-dicj-upped-aml-role-macau-govt/

AUSTRALIA’S SENATE URGES THE COUNTRY TO STOP “DRAGGING ITS FEET” OVER DNFBP AML REGULATIONS

Comply Advantage reported on 11 April that an extensive report into the adequacy of Australia’s AML/CFT measures has condemned a delay in expanding the scope of the country’s regulations.

https://complyadvantage.com/insights/australias-senate-urges-the-country-to-stop-dragging-its-feet-over-dnfbp-aml-regulations/

UK: ALTERNATIVES TO RUSSIAN OIL: SAUDI ARABIA, THE GULF AND VENEZUELA?

On 11 April, a briefing from the House of Commons Library says that a US ban on Russian oil and gas is immediate, while the UK intends to phase out oil imports by the end of 2022.  The EU plans to reduce Russian gas imports by two-thirds by the end of the year.  The paper examines the challenges in getting those states most able to supplement Russian production, particularly Saudi Arabia, the UAE and Venezuela, to increase production.  They have mostly either stayed neutral in the conflict or supported Russia.

https://commonslibrary.parliament.uk/research-briefings/cbp-9518/

OVERSEAS BUSINESS RISK: CAMBODIA

On 11 April, the Foreign Commonwealth and Development Office issued updated guidance on key security and political risks which UK businesses may face when operating in Cambodia, the section on IP having been updated.

https://www.gov.uk/government/publications/overseas-business-risk-cambodia

UK: SANCTIONS GENERAL LICENCE PERTAINING TO THE CONTINUING OPERATION OF CHELSEA FOOTBALL CLUB AND ITS SUBSIDIARIES

On 11 April, HM Treasury issued a General Licence relating to Roman Arkadyevich Abramovich and ownership and operation of the football club and its subsidiaries.

https://www.gov.uk/government/publications/ofsi-general-licence-int20221327076

SPANISH POLICE DISMANTLE FAKE ONLINE SOFA STORE OPERATION

On 8 April, OCCRP reported that Spain’s Civil Guard had arrested 3 individuals accused of fraudulently selling high-qualify sofas that in fact did not exist. Authorities report that the group has defrauded at least 175 people for over half a million euros.

https://www.occrp.org/en/daily/16178-spanish-police-dismantle-fake-online-sofa-store-operation

US CUSTOMS INTERCEPTS PACKAGES CARRYING 6 HUMAN SKULLS BOUND FOR IOWA

On 8 April, the Des Moines Register reported that United States Customs and Border Protection agents at O’Hare International Airport’s International Mail Facility in Chicago discovered 6 human skulls bound for Iowa last month.  It is unknown why these skulls were being shipped to Iowa from the Netherlands.

https://www.desmoinesregister.com/story/news/2022/04/09/us-customs-intercepts-six-human-skulls-heading-iowa/9524304002/

https://www.cbp.gov/newsroom/local-media-release/chicago-agriculture-specialists-seize-1667-prohibited-shipments

BIDEN ANNOUNCES MEASURES TO CRACK DOWN ON ‘GHOST GUNS’

On 11 April, the Guardian reported that President Biden has announced an attempt to crack down on “ghost guns”, kits which can be bought without a background check, from which a working gun can quickly be made, and which have been used in an escalating number of shootings.

https://www.theguardian.com/us-news/2022/apr/11/biden-ghost-guns-crackdown

REVIEW OF THE EU WASTE SHIPMENT REGULATION

A briefing from the EU Parliament Research Service on 11 April considers the Impact Assessment which, it says, convincingly illustrate the identified problems to address.

https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/699493/EPRS_BRI(2022)699493_EN.pdf

CAMEROON, THE DEMOCRATIC REPUBLIC OF THE CONGO (THE DRC) AND THE REPUBLIC OF THE CONGO HAVE ANNOUNCED THEIR INTENTION TO ADOPT CRYPTOCURRENCY AND BLOCKCHAIN BASED SOLUTIONS

On 11 April, a release on Mondo Visione advised that the 3 countries have agreed on such solutions to drive future economic progress.  It also says that layer one proof-of-stake blockchain, The Open Network (TON) is the leading contender to become the blockchain to power this.  The DRC has also confirmed that it is considering a new national stablecoin, built on the TON blockchain.

https://mondovisione.com/media-and-resources/news/cameroon-democratic-republic-of-the-congo-and-republic-of-the-congo-take-major/

MALAYSIA: FUGITIVE BUSINESSMAN DETAINED BY AUTHORITIES AFTER SURRENDERING FOLLOWING A YEAR-LONG HUNT

On 11 April, the Malay Mail reported that Datuk Seri Nicky Liow Soon Hee, who is wanted for alleged multiple money laundering and commercial crimes cases, had been detained by authorities after he surrendered to police following a year-long hunt.  It further reported that he is the founder of Winner Dynasty Group, and has alleged ties with a transnational organised crime leader known as Wan Kouk-koi @ Broken Tooth in Macau.

https://www.malaymail.com/news/malaysia/2022/04/11/fugitive-businessman-nicky-liow-detained-by-authorities-after-surrendering/2052928

CONVICTION OVER €23 MILLION CROSS-BORDER EU VAT FRAUD

On 7 April, the Luxembourg Times reported that the case involved the circulation of platinum coins through companies based in Hamburg.  A Slovakian national has been jailed for more than 3 years following an investigation by the EU’s European Public Prosecutor’s Office (EPPO).

https://www.luxtimes.lu/en/european-union/conviction-after-eppo-probe-into-23m-cross-border-vat-fraud-624eeb2cde135b9236762395

EVIDENCE OF THE EFFECT OF THE WAR ON DRUG DEMAND AND SUPPLY IN UKRAINE

The UN Office of Drugs and Crime has produced a report saying that outbreak of the armed conflict in Ukraine can have a significant impact on people who use drugs and on drug trafficking inside and around Ukraine; as well as a risk to the continued delivery of drug treatment services that are vital for people with drug use disorders. 

https://www.unodc.org/documents/data-and-analysis/Ukraine/Ukraine_drug_demand_supply.pdf

ENVIRONMENTAL CRIME AND BIOLOGICAL THREATS IN THE GREATER MEKONG AREA

A report from the Global Initiative Against Transnational Organised Crime says that most of the vast number of commodities derived from wildlife and other environmental resources that are traded illicitly across the Greater Mekong Subregion (GMS) have direct or indirect implications for biological threats.  The most serious of these is the risk of zoonotic pathogens and their implications for health.

https://globalinitiative.net/wp-content/uploads/2022/04/GITOC-Trafficking-of-Contagion-Environmental-Crime-and-Biological-Threats-in-the-Greater-Mekong.pdf

SANCTIONS THREATEN TO SPOIL JAPAN-RUSSIA FISHING RIGHTS TALKS

In its 12 April edition, Nikkei Asia reported that Japan has kicked off annual negotiations with Russia on commercial fishing quotas off the coast of Hokkaido, but the talks are clouded by its plans to strengthen sanctions over the invasion of Ukraine.

https://asia.nikkei.com/Politics/International-relations/Sanctions-threaten-to-spoil-Japan-Russia-fishing-rights-talks

A SOUTH AMERICAN LITHIUM CARTEL FACES LONG ODDS

On 11 April, an article from World Politics Review says that all 3 countries of Latin America’s so-called lithium triangle — Chile, Bolivia and Argentina — all have leftist leaders who want their governments and citizens to benefit more from the extraction of their countries’ natural resources.  Lithium is vital for the batteries that will power the green energy transition.  However, it is argued that even if Chile, Bolivia and Argentina could overcome difficulties to establish a lithium cartel, it’s not clear that they control enough of the world’s lithium production to be able to manipulate prices.

https://www.worldpoliticsreview.com/articles/30460/a-lithium-cartel-is-a-long-shot-for-chile-lithium-triangle-countries

SINGAPORE: PRECIOUS METALS AND GEMS – AML/CFT

On 1 March, the Monetary Authority of Singapore issued a Notice which requires financial institutions to have robust controls to detect and prevent the flow of illicit funds or activities through its financial system. The controls include the need for them to identify and know their customers (including beneficial owners), to conduct regular account reviews, and to monitor and report any suspicious transactions. 

https://www.mas.gov.sg/-/media/MAS-Media-Library/regulation/notices/AMLD/PSM-N01/Notice-PSM-N01-dated-1-March-2022.pdf

ISLE OF MAN CONFIRMS 2 NAMES ADDED TO BOSNIA & HERZOGOVINA SANCTIONS LIST

A news release from the Isle of Man on 11 April confirmed that, as previously announced by the UK, Zeljka CVIJANOVIC and Milorad DODIK had been added to sanctions lists.

https://www.gov.im/news/2022/apr/11/financial-sanctions-bosnia-and-herzegovina/

ISLE OF MAN CONFIRMS AMENDMENT OF 3 ENTRIES ON RUSSIA SANCTIONS LIST

On 11 April, a news release from the Isle of Man confirmed that the entries for Evgeny Alekseevich FEDOROV, Tigran Organesovich KHUDAVERDYAN, and Katerina Vladimirovna TIKHONOVA had been amended.

https://www.gov.im/news/2022/apr/11/financial-sanctions-russia/

UK: DISGRACED CONVEYANCER JAILED FOR LAUNDERING PROPERTY SCAM CASH

On 11 April, trade publication, The Negotiator reported on a conveyancer who was struck off in 2001 for misappropriation of clients’ funds has been jailed after his latest crimes were exposed by a tip-off.  The former solicitor was involved in laundering cash of organised criminals running an international timeshare fraud scheme based in Spain.

https://thenegotiator.co.uk/disgraced-conveyancer-jailed-for-money-laundering-property-scam-cash/

RUSSIAN DRAFT LAW TO CRIMINALLY PROSECUTE DIRECTORS AND OFFICERS FOR SANCTION COMPLIANCE

On 11 April, Morgan Lewis published an updated article about a draft law before the Russian State Duma which would amend the Russian Criminal Code to make compliance with sanctions a criminal offense for directors and officers, punishable by severe penalties, including long-term imprisonment.

https://www.morganlewis.com/pubs/2022/04/update-russian-draft-law-to-criminally-prosecute-directors-and-officers-for-sanction-compliance

SEYCHELLES: EX-PRESIDENT FRANCE-ALBERT RENÉ’S WIFE AND SON, TOGETHER WITH SEVERAL ECONOMIC ADVISORS TO THEN-PRESIDENT RENÉ, FACE A RANGE OF CORRUPTION AND ANTI-MONEY LAUNDERING CHARGES

On 11 April, Eurasia Review carried an OpEd piece which claims that the case however, appears to be bogged down amidst new evidence that implicates President Wavel Ramkalawan’s inner circle in the alleged abuses.  This, it is said, includes Vice President Ahmed Afif and former-President James Michel.  The original corruption case relates to the disappearance of $50 million gifted by the UAE to the Seychelles in 2002 at a time of economic crisis.

https://globalinitiative.net/wp-content/uploads/2022/04/GITOC-Trafficking-of-Contagion-Environmental-Crime-and-Biological-Threats-in-the-Greater-Mekong.pdf

OFAC UPDATES 3 ENTRIES ON LIBYA SANCTIONS LIST

On 11 April, OFAC advised that 3 existing entries for individuals on its Libyan sanctions lists had been amended.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220411_33

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OFAC DESIGNATES IRELAND-BASED KINAHAN ORGANISED CRIME GROUP AND 7 OF ITS KEY MEMBERS AND 3 ASSOCIATED BUSINESSES

On 11 April, the US Treasury advised that OFAC had designated the Kinahan Organized Crime Group (KOCG) along with 7 of its key members, including its Irish leaders Christopher Vincent Kinahan Senior, Daniel Joseph Kinahan, Christopher Vincent Kinahan Junior, and 3 associated businesses.  It is claimed that the group smuggles deadly narcotics, including cocaine, to Europe, and is a threat to the entire licit economy through its role in international money laundering.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220411_33

https://home.treasury.gov/news/press-releases/jy0713

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IMPACTS OF NEW TECHNOLOGIES ON TERRORISM FINANCING RISKS

On 5 April, RUSI published an Occasional Paper which investigates the potential terrorist financing risks that new technologies may pose.  It says that virtual assets – especially cryptocurrencies – have been a major area of concern as a new frontier of terrorism financing risks.  This paper investigates whether new technologies pose new, or exacerbate existing, risks in Europe.  It says that, overall, new technologies have become a part of terrorism financing activities within Europe, but in a less transformational way than many policymakers feared.

https://rusi.org/explore-our-research/publications/occasional-papers/bit-bit-impacts-new-technologies-terrorism-financing-risks

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PRESIDENT BIDEN SIGNS BILLS TO SUSPEND PERMANENT NORMAL TRADE RELATIONS WITH RUSSIA, CODIFY IMPORT BAN ON RUSSIAN OIL, AND REAUTHORISE MAGNITSKY SANCTIONS LAW

On 11 April, an article from White & Case is concerned with 2 Bills approved by the US Congress – the Suspending Normal Trade Relations with Russia and Belarus Act and the Ending Importation of Russian Oil Act.  Consequences include the extension indefinitely of the President’s existing sanctions authority under the Global Magnitsky Human Rights Accountability Act to impose sanctions on individuals responsible for human rights abuses.

https://www.whitecase.com/publications/alert/president-biden-signs-bills-suspend-permanent-normal-trade-relations-russia

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THE CAYMAN ISLANDS HAS FROZEN ASSETS WORTH $7.3 BILLION UNDER THE RUSSIA SANCTIONS AND ESTABLISHED A “TASK FORCE”

On 7 April, the Cayman Compass reported that Cayman applies UK sanctions and the Cayman Islands government has established a task force to coordinate the implementation of the sanctions imposed on Russia, in response to its war in Ukraine.

https://www.caymancompass.com/2022/04/07/cayman-freezes-us7-3-billion-in-russian-assets/

https://www.gov.ky/news/press-release-details/government-joint-task-force-on-russia-sanctions-established

SANCTIONS: US TARGETS THOSE ACCUSED OF DESTABILISING BEHAVIOUR THROUGHOUT THE WESTERN BALKANS

On 11 April, the US Treasury announced that OFAC had designated 7 individuals and 1 entity across 4 countries in the Western Balkans – Albania, Bosnia & Herzogovina, North Macedonia and Montenegro.  In addition, the State Department is designating individuals from North Macedonia and Bosnia and Herzegovina, instituting what is commonly known as a visa ban.  It is also designating their immediate family members and this action renders them and their immediate family members ineligible for entry into the US.  Note that OFAC has also made a number of deletions from its relevant sanctions list at the same time.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220411

https://home.treasury.gov/news/press-releases/jy0712

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WHO CONTROLS THE DISTANT WATER SQUID FISHING FLEET?

C4ADS has produced this Brief, saying that over the last decade, heightened demand for squid species has led to a substantial rise in the global harvest of squid by distant water fishing (DWF) vessels. This is especially true in the international waters of the South-east Pacific Ocean.  It says that the increase in opaque and unregulated fishing activity on the high seas in the region could lead to significant negative consequences for artisanal fishermen and coastal states’ seafood industries.  Research found that the majority (95%) of the 140 vessels were flagged to China, with over 60% of the vessels directly owned by just 16 companies.  The registered owners of 25 vessels were either linked to or ultimately owned by Chinese state-owned enterprises.  16 of the vessels or companies of interest have a history of regulatory non-compliance, including instances of forced labour and IUU fishing.

https://raytoddblog.files.wordpress.com/2022/04/e11b6-squidfleet_brief.pdf

5 LESSONS FOR COMPLIANCE OFFICERS FROM US DoJ FIRST CYBER FRAUD SETTLEMENT

A post from the FCPA Blog on 11 April said that the DoJ had announced its first such settlement, with Comprehensive Health Services LLC.  It says that there are compliance lessons to be drawn from this milestone settlement, and compliance officers would be wise to think proactively about any changes they must make in the wake of this development.

https://fcpablog.com/2022/04/11/five-lessons-for-compliance-officers-from-the-dojs-first-cyber-fraud-settlement/

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NEW STUDY LISTS ASIAN COUNTRIES THAT WILL BE HIT HARDEST — AND LEAST — BY THE UKRAINE WAR

On 11 April, Hellenic Shipping News reported that Asia-Pacific countries could be hit hard by the Russia-Ukraine war, even if they are not directly exposed to the conflict.  It reports on a new Economic Intelligence Unit report.

https://www.hellenicshippingnews.com/new-study-lists-asian-countries-that-will-be-hit-hardest-and-least-by-the-ukraine-war/

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RUSSIANS FLOCK TO CENTRAL ASIA TO OPEN SANCTIONS-BUSTING BANK ACCOUNTS

On 11 April, Eurasia Review reported that Russia’s invasion of Ukraine has brought a mini-boom in custom for banks in Kazakhstan.  Russians and Belarussians have opened nearly 12,000 accounts in Kazakh banks since Russia invaded Ukraine.

https://www.eurasiareview.com/11042022-russians-flock-to-central-asia-to-open-sanctions-busting-bank-accounts/