OTHER THINGS YOU MAY HAVE MISSED – MAY 10

Panama Covid-19 update – today’s numbr of new cases, at 3,307, is the highest figure since 5 February, and the number of tests undertaken, at 15,537, is the highest daily figure since 8 February, and with a 21.5% hit rate.

Nevertheless, hospital numbers actually fell slightly, with 16 patients in ICU and 132 in other wards, although numbers in hospital-hotel quarantine rose slightly to 35, and there are 16,104 active cases records – a whopping rise of a further 2,372. The good news is this was another day with no deaths recorded.

10 MAY 2022

ISLE OF MAN CONFIRMS 88 NEW NAMES ON RUSSIA SANCTIONS LIST

On 10 May, the Isle of Man confirmed that 88 names had been added to the Russia sanctions lists.

https://www.gov.im/news/2022/may/10/financial-sanctions-russia/

UK: EXTRADITION – SUCCESSFUL ARTICLE 3 CHALLENGE ON BASIS OF LGBTQ+ PERSECUTION IN ARMENIA

In its latest Extradition and International Law Update, 5 St Andrews Hill chambers reported on a recent case in which extradition was refused on the basis that if extradited there was a real risk of breach of the man’s rights under Article 3 and Article 6 of the European Convention of Human Rights.  

https://www.5sah.co.uk/knowledge-hub/articles/2022-05-03/armenia-v-ab-successful-article-3-challenge-on-basis-of-lgbtq-persecution

FIRST UK/MEXICO EXTRADITION ORDERED FOR FORMER FIRST LADY OF MEXICO KARIME TUBILLA

In its latest Extradition and International Law Update, 5 St Andrews Hill chambers reported on a recent case involving the first-ever extradition received from Mexico by the UK.  Ms Tubilla’s is wanted by the Mexican authorities on charges of conspiracy to defraud, and was arrested on 29 October 2019.

https://www.5sah.co.uk/knowledge-hub/articles/2022-04-25/first-uk-mexico-extradition-ordered-for-former-first-lady-of-mexico-ms-karime-tubilla

THE QUESTION OF WHETHER A PERSON FACING EXTRADITION IS A “FUGITIVE”

In the latest Extradition and International Law Update from 5 St Andrews Hill chambers, an article addressed the question of whether or not a “Requested Person” (RP) is a fugitive, which is said to be a key consideration at each stage of an extradition case, whether it be in the consideration of bail at the initial hearing, the availability of certain bars to extradition or the consideration of human rights.  The article attempts to provide an overview of the concept of ‘fugitive status’, and the impact it can have at a final hearing.

https://www.5sah.co.uk/knowledge-hub/articles/2022-04-28/hide-and-seek-fugitive-status-in-extradition

BELGIAN GOVERNMENT PROPOSES COMPLETE BAN ON GAMBLING ADVERTISING

On 10 May, iGB reported that such a ban would apply to advertisements for all games of chance currently available legally in Belgium across online and land-based facilities, with the exception of the country’s National Lottery.

https://igamingbusiness.com/belgium-ban-gambling-advertising

SANCTIONS ROW PREVENTS SHIP FROM SAILING NORWEGIAN CRUISE

On 10 May, Travel Weekly reported that the Norwegian foreign affairs ministry rejected an application by the company for an exemption in order to insure the ship for the cruise.  The company had been given a sanctions exemption as it tries to refinance its fleet against the backdrop of the Russian invasion of Ukraine – but it has now emerged that the exemption did not entail a right to insure the ship.

https://travelweekly.co.uk/news/tourism/sanctions-row-prevents-first-havila-voyages-ship-from-sailing

JAPAN ANNOUNCES FRESH ECONOMIC SANCTIONS AGAINST RUSSIA

On 10 May, News 18 reported that Japan has announced new sanctions on Russia to freeze the assets of more individuals and ban exports of cutting-edge goods to some Russian groups including scientific research institutions.

https://www.news18.com/news/world/japan-announces-fresh-economic-sanctions-against-russia-5143435.html

PANDORA PAPERS SHED LIGHT ON ‘GATEKEEPERS’ OF DIRTY MONEY

On 9 May, an article from ICIJ about the recent MONEYVAL annual report, in which it rebuked governments across Europe for failing to combat money laundering or police lawyers, accountants and other professionals who facilitate financial crime.

https://www.icij.org/investigations/pandora-papers/pandora-papers-shed-light-on-gatekeepers-of-dirty-money-says-european-watchdog/

THE VATICAN, MONEY LAUNDERING AND MONEYVAL

On 9 May, The Pillar and Infovaticana published articles about the MONEYVAL evaluation and follow-up of the Vatican, noting that MONEYVAL still flagged concerns about staffing and funding for financial security operations, which it said delays Vatican money laundering investigations.  The Holy See (including the Vatican City State) will be subject to MONEYVAL’s regular follow-up reporting process as a result of the most recent positive report.  The MONEYVAL report noted the risk of internal corruption — and adequate appreciation of the risk.

https://www.pillarcatholic.com/p/eu-financial-watchdog-upgrades-vatican?s=r

https://infovaticana.com/blogs/specola/el-fracaso-del-sinodo-del-papa-francisco-el-rescate-de-la-monja-moneyval-y-el-vaticano-un-cura-se-defiende-la-victoria-de-la-rusos/

US: TRIAL OF FOX EXECUTIVES IN FIFA CASE DELAYED TO JANUARY 2023

On 9 May, Yahoo News reported that the trial of a pair of former 21st Century Fox Inc executives and a sports marketing company on charges related to the US Government investigation of corruption in soccer has been postponed.  They were charged in March 2020 as part of an alleged scheme related to rights to the Copa Libertadores soccer tournament, South America’s club championship.  The Uruguayan sports marketing company Full Play Group SA also was charged.

https://ca.news.yahoo.com/trial-fox-executives-fifa-case-172001627.html

WHAT DO YOU NEED TO KNOW WHEN YOU DECIDE TO APPLY FOR AN INTERPOL RED NOTICE REMOVAL?

On 10 May, a video report from Estlund Law PA in the US.

https://www.jdsupra.com/legalnews/what-do-you-need-to-know-when-you-decide-58524/

US TREASURY ISSUES UPDATE TO IP-RELATED TRANSACTIONS IN RUSSIA

On 9 May, Haug Partners LLP reported that, on 5 May, OFAC issued a General License which authorises certain intellectual property-related transactions in Russia, including the filing and prosecution of any application to obtain a patent, trademark, or copyright, as well as payment of renewal and maintenance fees.  The article explains what the License covers.

https://www.jdsupra.com/legalnews/u-s-department-of-the-treasury-issues-2934958/

HONG KONG CUSTOMS ARRESTS TRUCK DRIVER AND SEIZES US$38 MILLION WORTH OF ILLEGAL CIGARETTES IN 2 OPERATIONS

On 10 May, the South China Morning Post reported that the seizures were made as part of the fight against black-market cigarette smugglers attempting to stash their haul in the city while finding overseas buyers – as, due to the coronavirus pandemic, ports around the world had tightened quarantine controls, which had seriously disrupted seaborne logistics supply chains, including shipping routes for contraband items.  One consignment had arrived from Cambodia and the other by road from Mainland China.

https://www.scmp.com/news/hong-kong/law-and-crime/article/3177162/hong-kong-customs-arrest-truck-driver-seize-hk74

SALE OF DONKEY SKINS LINKED TO TRADE IN ILLEGAL WILDLIFE PRODUCTS

On 10 May, the India Education Diary reported that research published in Conservation Science and Practice has revealed links between the global trade in donkey skins and the wildlife trade and suggests that these trades operate in parallel, creating new avenues and transportation pathways for wildlife trade.  The trade of donkey skins is largely driven by demand for E-Jiao, a traditional Chinese medicine, which uses gelatine from donkey skins.

https://indiaeducationdiary.in/university-of-oxford-sale-of-donkey-skins-linked-to-trade-in-illegal-wildlife-products/

SPAIN’S SPY CHIEF SACKED AFTER PEGASUS SPYWARE REVELATIONS

On 10 May, the Guardian reported that the Spanish government has reportedly sacked the country’s spy chief following revelations that the intelligence service hacked the phones of leading members of the Catalan independence movement, and that Pegasus spyware was used in external attacks on the mobiles of the prime minister and the defence minister.

https://www.theguardian.com/world/2022/may/10/spains-spy-chief-paz-esteban-sacked-after-pegasus-spyware-revelations

UK: WHAT IS ‘GHOST DOM’ STATUS?

On 9 May, The Independent carried an article explaining this status, which is said to be affecting implementation of Russia sanctions.  It explains that being a “non-dom” for remittance purposes allows individuals not to pay UK tax on their worldwide income – provided they keep it overseas. However, there is another form, labelled as ‘ghost dom’ status, as this allows individuals, even if they live in the UK 365 days a year, not to file a tax return to HMRC altogether.  It is said by officials and tax advisors that ‘ghost doms’ have included super-rich figures with criminal connections and individuals with links to the Russian regime and oligarchs.

https://www.independent.co.uk/news/ghost-dom-non-dom-sanctions-russia-b2074733.html

SWITZERLAND: EX-BANKER AVOIDS DEPORTATION TO RUSSIA DUE TO WAR IN UKRAINE

On 8 May, Swissinfo reported that former Russian banker Oleg Schigajew, who has been fighting extradition from Switzerland to Russia on embezzlement charges, can remain after legal proceedings against him have been stopped.

https://www.swissinfo.ch/eng/ex-banker-avoids-deportation-to-russia-due-to-war-in-ukraine/47576330

SANCTIONED OLIGARCHS’ USE OF THE HAWALA PAYMENT SYSTEM IS NOT NECESSARILY ILLEGAL

On 8 May, an article from Insider claims that Russian oligarchs have managed to get around financial sanctions by moving money through the hawala informal payment system.  It is reported that someone using hawala does not necessarily mean they are making illegal transactions. 

https://www.businessinsider.com/oligarchs-using-hawala-desperate-move-not-illegal-one-2022-5?r=US&IR=T

US: 2 FORMER MANAGERS OF NATIONAL GRID SENTENCED TO PRISON FOR BRIBERY AND KICKBACK SCHEME

A news release from US DoJ on 6 May advised the sentencing of 2 former National Grid managers employed in the facilities department, who steered contracts to certain contractors in exchange for hundreds of thousands of dollars in bribes and kickbacks.

https://www.justice.gov/usao-edny/pr/two-former-managers-national-grid-sentenced-prison-bribery-and-kickback-scheme

NICARAGUA: UN SAYS NEW AML/CFT LAW HERALDS DAMAGING CRACKDOWN ON CIVIL SOCIETY

On 9 May, UN News reported that, under the guise of preventing money laundering and cutting off terrorist financing, a new law in Nicaragua further restricts the functioning of civil society, “contrary to the country’s human rights obligations”, the spokesperson for the UN human rights office (OHCHR) has said.

https://news.un.org/en/story/2022/05/1117802

PUSHING PRODUCTIVE COCA SEEDS, MEXICAN CARTELS RESHAPE COLOMBIA’S DRUG INDUSTRY

On 9 May, Yahoo News reported that Mexican drug cartels are involving themselves more closely in cocaine production in Colombia, paying farmers in advance and pushing cultivation of highly-productive strains, coca growers.  Top Mexican cartels like Sinaloa and Jalisco Nueva Generacion have long purchased cocaine from Colombia’s guerrilla groups and crime gangs.

https://news.yahoo.com/pushing-productive-coca-seeds-mexican-131409442.html

URABEÑOS SEEK TO PARALYSE PARTS OF COLOMBIA AFTER OTONIEL’S EXTRADITION TO US

On 6 May, Insight Crime reported that, after the extradition of former Urabeños leader, Otoniel, to the US, the armed group ordered a show of force across Colombia, imposing strict curfews on communities, burning vehicles and blocking off highways.

https://insightcrime.org/news/urabenos-seek-to-paralyze-parts-of-colombia-after-otoniels-extradition/

ISRAEL: BROTHER OF FORMER PRESIDENT KATSAV SUSPECTED OF LAUNDERING MONEY FOR CRIMINALS

On 10 May, Ynet reported that Yoram Katsav, brother of Moshe Katsav who served 5 years in prison for rape, arrested alongside 21 others suspected of taking part in widespread criminal activity, which saw gangs take over businesses via extortion.  Yoram Katsav was arrested on suspicion of distributing fictitious invoices, as part of a widespread investigation into a series of criminal offenses, including money laundering and financing of extensive criminal activities.

https://www.ynetnews.com/article/h1f7ttv8c#autoplay

UKRAINE MAY CANCEL MARKETING AUTHORISATIONS FOR PHARMACEUTICALS HELD BY COMPANIES WITH TIES TO PHARMACEUTICAL MANUFACTURING IN RUSSIA OR BELARUS

On 9 May, a post from Baker McKenzie reported on a new Bill aiming to prevent the turnover of pharmaceuticals manufactured in Russia or Belarus, or marketed by marketing authorisation holders with ties to pharmaceutical manufacturing in these countries. The restrictions set forth in the Draft Law are discussed in the post.

https://sanctionsnews.bakermckenzie.com/ukraine-may-cancel-marketing-authorizations-for-pharmaceuticals-held-by-companies-with-ties-to-pharmaceutical-manufacturing-in-russia-or-belarus/

US LESSOR BELIEVES IT MAY YET BE ABLE TO RECOVER SOME OF THE AIRCRAFT IT OWNS BUT WHICH HAVE BEEN SEIZED BY RUSSIA

On 6 May, Flight Global reported that US lessor Air Lease (ALC) made this announcement, despite taking an $802 million write-down in the value of that fleet. It said that, as circumstances may change in Russia, there could be avenues where some of these aircraft could be reinstated.

https://www.flightglobal.com/airlines/alc-sees-potential-return-of-certain-jets-seized-by-russia/148552.article

US DEPARTMENT OF COMMERCE EXPANDS EXPORT CONTROLS ON SHIPMENTS OF EAR99 ITEMS TO OR WITHIN RUSSIA

On 10 May, an Alert from Torres Trade Law advised that, on 9 May, the Department of Commerce’s Bureau of Industry and Security (BIS) announced a new final rule expanding export controls against Russia under the Export Administration Regulations (EAR). This imposes a licence requirement for exports, reexports, or transfers (in-country) to or within Russia for additional items subject to the EAR identified under specific Harmonized Tariff Schedule (HTS) descriptions.

https://www.torrestradelaw.com/posts/Commerce-Expands-Export-Controls-on-Shipments-of-EAR99-Items-to-or-within-Russia/272

WHAT IS FENTANYL AND WHY IS IT BEHIND THE DEADLY SURGE IN US DRUG OVERDOSES?

On 10 May, an article in The Conversation by a Professor of Emergency Medicine, at the UMass Chan Medical School, says that fentanyl has become ubiquitous across the US, and it has transformed the illicit drug market and raised the risk of overdose.  He explains that fentanyl is a synthetic opioid that was originally developed as an analgesic – or painkiller – for surgery.  It has a specific chemical structure with multiple areas that can be modified, often illicitly, to form related compounds with marked differences in potency.

https://theconversation.com/what-is-fentanyl-and-why-is-it-behind-the-deadly-surge-in-us-drug-overdoses-a-medical-toxicologist-explains-182629

NAVIGATING RUSSIAN SANCTIONS IN CORPORATE JET TRANSACTIONS

On 10 May, an article from Holland & Knight LLP says that sanctions targeting Russia and certain Russian oligarchs have created unprecedented risk for certain international corporate jet transactions.  It warns that buyers and their brokers’ counsel need to “double-down” on diligence to ensure that any transactions they enter into comply with international sanctions and export control restrictions.

https://www.jdsupra.com/legalnews/navigating-russian-sanctions-in-9550705/

NIGERIA: PLANNED ARRAIGNMENT OF A FORMER MINISTER OF AVIATION, SENATOR STELLA ODUAH ON MONEY LAUNDERING CHARGES STALLED AGAIN

On 10 May, Sahara Reporters reported that the arraignment has been delayed for the sixth time.  There are 8 co-defendants alongside Ms Oduah. 

http://saharareporters.com/2022/05/10/court-adjourns-nigeria%E2%80%99s-ex-aviation-minister-oduahs-trial-over-malami%E2%80%99s-letter-amid

INDONESIA ARRESTS VESSEL AND CREW OVER ILLEGAL PALM OIL EXPORTS

On 10 May, Insurance Marine News reported that a container ship has been arrested, along with its 29 crew members, under suspicion of illegally attempting to export refined, bleached and deodorized (RBD) palm oil.  It was intercepted by Indonesian Navy, which claimed that the vessel was carrying 34 containers of RBD to Port Klang, Malaysia, despite the current Indonesian ban on palm oil exports.

https://insurancemarinenews.com/insurance-marine-news/indonesia-arrests-vessel-and-crew-over-illegal-palm-oil-exports/

UNICREDIT BANK LOSES CASE INVOLVING AN OIL CARGO IT WAS FINANCING THAT WENT MISSING AMID THE DEMISE OF OIL TRADER GULF PETROCHEM

On 10 May, Insurance Marine News reported that a court in the UK has rejected an attempt by Italy-based bank UniCredit to obtain $24.7 million in damages from shipping company Euronav after an oil cargo it was financing went missing amid the demise of oil trader Gulf Petrochem.  The case involved an alleged breach of the bill of lading contract in delivering part of a cargo of LSFO to a third party without production of the bills of lading.

https://insurancemarinenews.com/insurance-marine-news/unicredit-loses-24-7m-damages-claim-against-shipper-over-missing-oil-cargo/

COLOMBIA REMAINS THE LARGEST PRODUCER AND SUPPLIED THE MOST COCAINE TO NORTH AMERICA AND EUROPE BY SEA TRANSPORT

On 10 May, Insurance Marine News reported on comments following the publication of the United Nations Office on Drug and Crime (UNODC) report (World Drug Report 2021), and the 2021 International Narcotics Control Strategy Report.  It notes that, in 2021, the Colombian Navy broke its historical record of drug seizures, with 403 tons of illicit substances confiscated.  It was also noted that a method which had grown in popularity was the “rip-on/rip-off” method, where traffickers avoid profiling by breaking open containers of legitimate exports to ship the drugs, then using cloned customs seals to conceal the tampering.

https://insurancemarinenews.com/insurance-marine-news/skuld-updates-on-colombia-drug-smuggling/

https://www.skuld.com/topics/port/port-news/america/colombia-drug-smuggling—update/

RUSSIA SANCTIONS: LUXURY CARS PILE UP AT ZEEBRUGGE

On 10 May, Insurance Marine News reported that the logjam was the result of EU sanctions imposed on Russia from mid-March, which included a ban on the supply of luxury cars (those valued at more than €50,000). Since then, Zebrugge has received around 8,000 luxury cars for transshipment to Russia.

https://insurancemarinenews.com/insurance-marine-news/luxury-cars-pile-up-at-zeebrugge/

6 DRUG SMUGGLERS PRETENDING TO BE CRUISE PASSENGERS ARRESTED IN BRAZIL

On 10 May, Insurance Marine News reported that 5 Brazilians and an Argentinian had been arrested in Santos, Brazil.  They were arrested when they were about to board a cruise ship on a transatlantic cruise to Europe. It also notes an earlier case, on 10 April, 10 passengers had been arrested when a liner arrived in Spain during its transatlantic cruise from Brazil. 

https://insurancemarinenews.com/insurance-marine-news/drug-smugglers-pretending-to-be-cruise-passengers-arrested-in-brazil/

COMPANY INSOLVENCY AND THE ROLE OF THE LIQUIDATOR AS INVESTIGATOR – WALKING THE LINE BETWEEN INTERROGATION AND CO-OPERATION

On 9 May, M+P Legal in the Isle of Man published this article which discusses the statutory relief available to liquidators in Island legislation (the Companies Act 1931) to obtain company property (for example books and records) from officers or others connected with the company prior to its winding up. 

https://www.mplegal.im/info-centre/news/company-insolvency-and-the-role-of-the-liquidator-as-investigator-walking-the-line-between-interrogation-and-co-operation

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.buymeacoffee.com/KoIvM842y

NOTE THE ABOVE LINK IS NOW CORRECTED AND WORKS!

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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