OTHER THINGS YOU MAY HAVE MISSED – JULY 29

The protests continue, and the teachers strike seems to be expanding – though only in the public (state) schools, we passed a private one yesterday and it seemed to be in full flow.

Meanwhile, though the news seems to mention more cases of dengue and hantavirus, a reminder today that Covid-19 is still around, with one of the corregimientos registering an increase in actie cases being the one in which we live.

29 JULY 2022

NEW BOOK BY ONE OF FRANCE’S LEADING SECURITY EXPERTS: AN A-Z THAT ANALYSES THE FUNDING MECHANISMS USED BY TERRORISTS

Senator Nathalie Goulet has spent the past decade working on the terror threat in France, gaining insight into the extent of terrorist infiltration of lucrative markets, such as art, arms, drugs, counterfeiting, crowdfunding, and cryptocurrency.  The book is in French (naturellement!)

https://www.lesechos.fr/idees-debats/livres/taper-les-terroristes-au-portefeuille-1397551

UK COMPANIES HOUSE CORPORATE PLAN 2022 TO 2023

On 26 July, Companies House published its Corporate Plan which sets out the work it plans to do to progress towards its strategic goals – including the new Register of Entities.  It also looks forward to a further Economic Crime Bill, which will enhance the agency’s powers to query information, increase checks to verify identities, and introduce measures to improve the exchange of intelligence between Companies House and UK law enforcement bodies

https://www.gov.uk/government/publications/companies-house-corporate-plan-2022-to-2023

CREDIT SUISSE UNIT AGREES TO PAY BONDHOLDERS $22.6 MILLION IN BRIBERY CASE

On 22 July, media carried a Reuters report saying that the bank’s European subsidiary, Credit Suisse Securities Europe, had pleaded guilty to conspiring to defraud investors in Mozambican bonds has agreed it owes them $22.6 million in restitution.

https://fcced.com/credit-suisse-unit-agrees-to-pay-bondholders-22-7-2022/

INDONESIAN AUTHORITIES INVESTIGATING ALLEGATIONS AGAINST NGO AKSI CEPAT TANGGAP (ACT)

On 15 July, the Jakarta Post reported that the Financial Transaction Reports and Analysis Center (PPATK) was investigating suspicious transactions involving the philanthropic body.  The allegations include taking more than permitted for pay of its executives and the potential of links between payments made and terrorism – after an Indonesian who received funds was arrested in Turkey on suspicion of being linked to Al-Qaida.

https://www.thejakartapost.com/opinion/2022/07/14/poor-act-of-philanthropy.html

DUTCH REGULATOR TO INVESTIGATE ONLINE LOTTERIES

On 28 July, iGB reported that the KSA had launched an investigation into lottery operators that are “increasingly adding online game elements to their offering”, something they are not licensed to do.

https://igamingbusiness.com/lottery/online-lottery/dutch-regulator-to-investigate-online-lotteries/

UK AUDIT REGULATOR HANDS DOWN RECORD FINES FOR AUDIT FAILURES

On 28 July, the Wall Street Journal reported that the Financial Reporting Council said financial sanctions during the year ended 31 March totalled £46.5 million before settlement discounts, up from £16.7 million the year before.  It also said it resolved more cases than in previous years.

https://www.wsj.com/articles/u-k-audit-regulator-hands-down-record-fines-for-audit-failures-11659042551

CHINA: MINISTER IN CHARGE OF TECH REGULATION UNDER INVESTIGATION

On 28 July, the Wall Street Journal reported that China’s anti-corruption investigators have opened a probe into Xiao Yaqing, a government minister who plays a leading role in managing the country’s strategic semiconductor and digital technology sectors — and one of the highest-ranking officials to be targeted in Xi Jinping’s crackdown on graft in recent years.

https://www.wsj.com/articles/china-puts-minister-in-charge-of-tech-regulation-under-investigation-11659002402

THE MYSTERIOUS STORY OF A VENEZUELAN CARGO AIRCRAFT DETAINED AT BUENOS AIRES’S MAIN AIRPORT AND POSSIBLE LINKS WITH IRAN’S ISLAMIC REVOLUTIONARY GUARD CORPS

On 29 July, the Wilson Center carried a post about, in June, a Boeing 747 cargo Jumbo Jet belonging to EMTRASUR, a subsidiary of Venezuelan state-owned airline CONVIASA, having landed in Buenos Aires, apparently bringing auto parts from Mexico.  It needed to refuel, as it no longer was able to make it to its planned refuelling stop in Bolivia. Denied fuel in Argentina over concerns about US sanctions against Venezuela, the plane departed 2 days later for Uruguay or Paraguay, but it was not permitted to land in either country and instead, it returned to Buenos Aires, where it remained.  Airport Security Police searched the aircraft. It emerged that it had been purchased by the Venezuelan state-owned airline from an Iranian state-owned airline.  Aboard were not only 12 Venezuelans, but also 7 Iranians.  Argentine authorities detained the plane and seized the crew’s passports while judicial authorities investigated.  They identified one member of the crew as an Iranian linked to the Islamic Revolutionary Guard Corps.  It is said that authorities were hard pressed to explain the presence of the Iranians, and why the airplane had been allowed to land in Argentina while Uruguay and Paraguay were unwilling to let it enter their territory.

https://www.wilsoncenter.org/blog-post/argentina-mysterious-plane

BRITISH AMERICAN TOBACCO RESERVES $545 MILLION FOR US SANCTIONS SETTLEMENT

On 28 July, Compliance Week reported that BAT had set aside the funds for the resolution of an investigation into apparent sanctions violations by the DoJ and OFAC.

https://www.complianceweek.com/regulatory-enforcement/british-american-tobacco-reserves-545m-for-us-sanctions-settlement/31911.article

GAFILAT: PARAGUAY MUTUAL EVALUATION APPROVED AND NOT PLACED ON GREY LIST

On 29 July, various media in Paraguay reported that the FATF-style regional body had approved the report, which followed an on-site visit last year, but that monitoring of Paraguay would continue.  The report is said to be due to be published within a month.  The decision was announced in Ecuador, where the XLV Plenary and meeting of Working Groups of GAFILAT was held.

https://eltrueno.com.py/2022/07/29/evaluacion-gafilat-paraguay-aprobo-con-suficiencia-destaca-ministro/

https://es-us.vida-estilo.yahoo.com/abdo-ben%C3%ADtez-celebra-paraguay-super%C3%B3-023901509.html

EU ADDS 2 NEW SUBSTANCES TO ITS PSYCHOACTIVE DRUGS LIST

EU Commission Delegated Directive 2022/1326/EU has added 2-(methylamino)-1-(3-methylphenyl)propan-1-one (3-MMC) and 1-(3-chlorophenyl)-2-(methylamino)propan-1-one (3-CMC) to the Annex to Framework Decision 2004/757/JHA.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.200.01.0148.01.ENG&toc=OJ%3AL%3A2022%3A200%3ATOC

UK: GENERAL LICENCE FOR WIND-DOWN OF BUSINESS WITH ROSBANK

HM Treasury issued an updated version of the General Licence, extending its scope to 30 September.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1095281/Publication_Notice_-_INT.2022.1968500.pdf

INSIDE THE INVESTIGATION INTO PARAGUAY’S HORACIO CARTES

On 28 July, an article from Insight Crime says that former Paraguay president, Horacio Cartes, is facing the worse moment of his political career: accused of money laundering at home, he also has US authorities on his tail.

https://insightcrime.org/news/paraguay-inside-investigation-horacio-cartes/

VENEZUELAN SPY AND ALLEGED DRUG TRAFFICKER LINKED TO LUXURY FLATS IN BARCELONA

An article from OCCRP on 28 July says that Pedro Luis Martin Olivares is a former Venezuelan intelligence chief wanted in the US for drug trafficking; and that his family has managed to acquire millions of dollars’ worth of property in Spain.

https://www.occrp.org/en/investigations/venezuelan-spy-and-alleged-drug-trafficker-linked-to-luxury-flats-in-barcelona

https://www.state.gov/pedro-luis-martin-olivares-new-target/

UN SECURITY COUNCIL SANCTIONS COMMITTEE GROUP OF EXPERTS’ FINAL REPORT ON DRC

On 28 July, the UN reported that the Security Council Committee established pursuant to UN SCR 1533 (2004) concerning the Democratic Republic of the Congo (DRC) had discussed the Group of Experts’ final report.  The report dated 14 June is available online.  Among the comments made in the report is that some military materiel was transferred to the Congolese defence and security forces without prior notification to the Sanctions Committee, and banking documents referring to “the acquisition of agricultural goods” rather than to military equipment or training revealed several unnotified transfers and a system aimed at concealing those transfers because of a reported misinterpretation of the sanctions regime concerning the DRC.

https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/338/70/PDF/N2233870.pdf?OpenElement

CANADA: ROYAL BANK OF CANADA ORDERED TO REVEAL WHO’S BEHIND 97 OFFSHORE ACCOUNTS

On 27 July, CBC reported that the Royal Bank of Canada has been ordered to divulge the real owners of 97 offshore corporations that used its services, but says that a critic is wondering why it’s taken the Canada Revenue Agency 6 years to acquire a fount of information that could help detect tax cheats.

https://www.cbc.ca/news/business/royal-bank-cra-bahamas-offshore-court-1.6533070

REMITTANCE AND AML INNOVATION: FOUR TOP CHALLENGES FOR 2022

A post from the UK Finance blog advises compliance professionals to break innovation obstacles into parts.  It says that discussions with compliance teams in remittance and cross-border payment firms revealed 4 categories of challenges – managing AML/CFT risk with legacy technology; navigating the evolving regulatory landscape; managing partnerships and regulation; and accommodating crypto and CBDC.

https://www.ukfinance.org.uk/news-and-insight/blog/remittance-and-aml-innovation-four-top-challenges-2022

ARTIFICIAL INTELLIGENCE SUPPORTING CROSS-BORDER COOPERATION IN CRIMINAL JUSTICE

On 22 July, a report from Eurojust and the accompanying factsheet builds on the work of the European Commission, Eurojust and eu-LISA in preparing for digital judicial cooperation.  It offers a high-level overview of the related legal and policy issues.  Additionally, the report explores Al use-cases to highlight how it benefits international judicial cooperation.

https://www.eurojust.europa.eu/publication/artificial-intelligence-supporting-cross-border-cooperation-criminal-justice

INDEPENDENT REVIEW INTO THE SFO HANDLING OF THE UNAOIL CASE

This report into the case has been presented to HM Attorney General and investigates alleged failings of the SFO over disclosure requirements and other problems.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092872/DCS_report_-__FINAL_-_21_July_08.31_.pdf

ISLE OF MAN UPDATES SANCTIONS GUIDANCE

On 29 July, the Isle of Man followed the UK in issued updated guidance following changes to the secondary legislation relating to Russia financial and trade sanctions.

https://www.gov.im/media/1371360/russia-sanctions-guidance-july-2022_compressed.pdf

https://www.visualcapitalist.com/visualized-the-top-25-u-s-newspapers-by-daily-circulation/

US DHS ANNOUNCES PARTNERSHIP TO COMBAT IMPORTATION OF GOODS PRODUCED WITH FORCED LABOUR

On 29 July, KPMG reported that the Department of Homeland Security had issued a news release advising of a strategic partnership between its Center for Countering Human Trafficking (CCHT) and an international NGO – Liberty Shared – to enhance its ability to investigate forced labour in the supply chain.  DHS says that such partnerships with NGO and civil society organisations are essential for the Department, including Customs and Border Protection and CCHT, to identify corporations using forced labour in their supply chains, advance counter-human trafficking law enforcement operations, protect victims, and enhance prevention efforts.

https://home.kpmg/us/en/home/insights/2022/07/tnf-us-dhs-announces-partnership-combat-importation-goods-forced-labor.html

https://www.dhs.gov/news/2022/07/29/dhs-expands-partnership-combat-importation-goods-produced-forced-labor

US: 6 INDIVIDUALS ARRESTED FOR ALLEGED ROLE IN LARGE-SCALE CATALYTIC CONVERTER THEFT RING WITH SUSPECTED TIES TO MURDER OF A SHERIFF’S DEPUTY

On 28 July, a news release from US Immigration and Customs Enforcement reported the arrest arrested of 6 individuals in Texas for their alleged roles in a large-scale catalytic converter theft ring that is suspected of fencing stolen catalytic converters for the 3 individuals charged with the murder of a sheriff’s deputy.

https://www.ice.gov/news/releases/6-individuals-arrested-alleged-role-large-scale-catalytic-converter-theft-ring

DUBLIN SOLICITOR ACCUSED OF DECEPTION AND MONEY LAUNDERING ALLEGED INSURANCE FRAUD CASE

On 29 July, Sunday World reported that an Irish solicitor, Thomas Quigley, 74, has been sent for trial accused of deception and money laundering in an alleged insurance fraud case. The charges relate to a woman’s personal injury compensation claims totalling nearly €30,000.

https://www.sundayworld.com/crime/courts/dublin-solicitor-accused-of-deception-and-money-laundering-alleged-insurance-fraud-case/1975738040.html

FORMER RANGERS FC OWNER CRAIG WHYTE TO SUE OVER WRONGFUL ARREST FOR FRAUD

On 29 July, the BBC reported that the former owner of Rangers, Craig Whyte, is to sue the Crown Office and Police Scotland for £10 million for wrongful arrest, charged with taking over the Glasgow football club by fraud.  He was acquitted by a jury 2 years later.

https://www.bbc.com/news/uk-scotland-62354444

ENGLISH HIGH COURT DECISION HIGHLIGHTS THE IMPORTANCE OF DISCLOSING DETAILS OF ASSETS WHEN SEEKING TO RESIST ORDERS FOR SECURITY FOR COSTS AGAINST A NON-RESIDENT CLAIMANT

On 29 July, an article from Conyers said that, on the facts of the case,  the Judge had no doubt that it was just to make an order for security on the grounds that there is a real risk that the Defendants would face substantial obstacles to enforcing a costs order against the Claimant – the Claimant having had been found (in the earlier determination of a claim against him, upheld on appeal) to have acted fraudulently and dishonestly. 

https://www.conyers.com/publications/view/security-for-costs-foreign-claimants-and-failure-to-disclose-evidence-of-assets/

A HISTORY OF WHISTLEBLOWING IN AMERICA

On 29 July, an article from NAVEX said that 30 July is the National Whistleblower Appreciation Day in the US.  The article claims that the history of whistleblowing in America extends back to the late 1700s, with the first protections being enacted shortly after the United States of America was founded in 1776.  It pointed out that, in more recent US history, 2 laws have been passed in the past few decades that provide more explicit and timely protection for whistleblowers.  However, the protections discussed in the first part of the article referred only to federal employees.  Then, in the aftermath of the Enron and WorldCom scandals, Congress passed the well-known Sarbanes-Oxley Act.  This Act extended protections to whistleblowers outside of the government to publicly traded companies.  In 2014, a Supreme Court decision changed the interpretation of the Act to include private contractors and subcontractors of public companies, as well as privately-owned companies, if they provide services to publicly traded organisations.

https://www.navex.com/blog/article/a-history-of-whistleblowing-in-america/?source=JD%20Supra

HOW HONDURAS’ ATLANTIC CARTEL LAUNDERED MILLIONS

On 29 July, an article in Insight Crime reported that the case of a Honduran money launderer soon to be sentenced in the US has shed light on the importance of brokers and US bank accounts for repatriating drug money.  Kensy García Torres, a financial broker for a Honduran cartel, recently pled guilty to laundering over $1.8 million in drug money between 2018 and 2019. 

https://insightcrime.org/news/honduras-atlantic-cartel-us-money/

https://twitter.com/LeeJone50103071/status/1552945652275023872?s=20&t=4Tyz0JtcfMyNoJ4Rb8p6gQ

https://www.linkedin.com/pulse/money-laundering-techniques-3-casinos-macau-india-forestier-cams/?trackingId=f30883wA8X3roYmwCapPtw%3D%3D

US DoJ CHARGES RUSSIAN AGENT WITH CONDUCTING FOREIGN INFLUENCE OPERATIONS

On 29 July, Lawfare reported that a federal court in Florida unsealed an indictment against a Russian national, Aleksandr Ionov (also designated by OFAC on 29 July), who allegedly worked for the Russian government to “orchestrate a years-long foreign malign influence campaign that used various US political groups to sow discord, spread pro-Russian propaganda, and interfere in elections within the United States”.  The DoJ alleges that from at least December 2014 until March 2022, he was the president of the Russian-funded Anti-Globalization Movement of Russia, worked under the supervision of the Russian Federal Security Service (FSB) to recruit and direct political entities in the US.

https://www.lawfareblog.com/justice-department-charges-russian-agent-conducting-foreign-influence-operations

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OFAC ADDS 2 INDIVIDUALS AND 4 ENTITIES TO RUSSIA SANCTIONS LIST FOR ASSISTING RUSSIAN INFLUENCE CAMPAIGNS

On 29 July, OFAC advised that a number of individuals and entities had been added to its Russia sanctions lists, including Aleksandr Viktorovich Ionov, described as a “co-optee”, a person used to support Kremlin-directed influence operations against the US and its allies and partners.  He is linked to Anti-Globalization Movement of Russia (AGMR), whose English-language website claims to be a socio-political movement “against certain aspects of the globalization process” and Ionov Transkontinental which has a footprint in Iran, Venezuela, and Lebanon.  Also designated is STOP-Imperialism, an English and Russian-language website that styles itself as a “global information agency”, and which is listed on the AGMR website.  OFAC also said that Russia also uses state-sponsored and state-controlled proxy organisations, commonly referred to as “government organised non-governmental organisations” (GONGO) to achieve its goals both inside and outside Russia; and has designated Natalya Valeryevna Burlinova, the founder and president of the Center for Support and Development of Public Initiative Creative Diplomacy (PICREADI, also known as “Creative Diplomacy”), in this regard.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220729

https://home.treasury.gov/news/press-releases/jy0899

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RUSSIA IS PLUNDERING GOLD IN SUDAN TO BOOST PUTIN’S WAR EFFORT IN UKRAINE

On 29 July, CNN reported on an incident in February that was one of at least 16 known Russian gold smuggling flights out of Sudan, Africa’s third-largest producer of the precious metal, over the last year and a half.  Multiple interviews with high-level Sudanese and US officials and troves of documents reviewed by CNN paint a picture of an elaborate Russian scheme to plunder Sudan’s riches in a bid to fortify Russia against increasingly robust Western sanctions and to buttress the war effort in Ukraine – and how Russia has colluded with Sudan’s beleaguered military leadership.

https://edition.cnn.com/2022/07/29/africa/sudan-russia-gold-investigation-cmd-intl/index.html

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FRANCE: NATIONAL PROLIFERATION FINANCING RISK ANALYSIS

On 25 July, the French Government issued this report, a national risk analysis specifically on combating the financing of the proliferation of WMD.  It aims to facilitate a better understanding of these risks by the private sector, to identify the mitigation measures adopted to address them and to highlight the sectors for which better consideration of the risks is needed.

https://www.tresor.economie.gouv.fr/Articles/2022/07/25/publication-de-l-analyse-nationale-des-risques-de-financement-de-la-proliferation-anr-fp-par-le-colb-et-le-sgdsn

https://www.tresor.economie.gouv.fr/Articles/daf766da-5890-4f20-8389-873acd28d0f4/files/e819686e-e95c-4972-81cb-1abd443c3ba5

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THE AMERICAN GAMING ASSOCIATION UPDATES BEST PRACTICE GUIDANCE TO SPEARHEAD AML EFFORTS

On 29 July, Casino Beats reported that the AGA has rolled-out an updated resource regarding AML best practices to maintain a leading position in combative efforts.

https://casinobeats.com/2022/07/29/aga-updates-aml-guidance/

https://www.americangaming.org/wp-content/uploads/2022/07/AGA-AML-Best-Practices-Guide-2022.pdf

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UK UPDATED AML GUIDANCE AND WHAT IT MEANS FOR THE ART MARKET

On 29 July, the Art Newspaper reported on the updated UK guidance, saying that while grey areas linger, some of the added clarity and pragmatic simplifications offered (notably in relation to who falls into the “regulated art sector” and who should be doing KYC checks on whom are to be welcomed.

https://www.theartnewspaper.com/2022/07/29/the-uk-has-updated-its-anti-money-laundering-guidanceheres-what-it-means-for-the-art-market

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FORMER BOSNIAN PARTY CHIEF SENTENCED TO 3 YEARS IN PRISON FOR CORRUPTION

On 29 July, Rferl reported that a court in Sarajevo has sentenced Amir Zukic, a former top ruling party official, to 3 years in prison for corruption.  He was a former secretary-general of the ruling Bosniak Party of Democratic Action, or SDA, and was found guilty of bribing and using political connections in 2016 to give jobs in state-run institutions to certain people.

https://www.rferl.org/a/bosnia-zukic-sentenced-corruption-sda/31965516.html

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PLUNDERED OCEANS: IUU FISHING IN CENTRAL AMERICAN AND CARIBBEAN WATERS

On 27 July, an article from Insight Crime is the first instalment of an investigation shining light into Illegal, Unreported and Unregulated (IUU) fishing – focuses on law enforcement challenges and IUU fishing practices in Jamaica, Costa Rica, Panama, Guyana, and Suriname.  The 2-part investigation paints a picture of IUU fishing in 9 countries, examining everything from its perpetrators to its devastating effects on marine life and people, and showing how IUU fishing is coupled with other crimes. Ecuador, Chile, Uruguay, and Argentina comprise the second instalment, “Plundered Oceans: IUU Fishing in South American Seas”, which is set to be published on 3 August.

https://insightcrime.org/investigations/plundered-oceans-iuu-fishing-central-america-caribbean/

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UK GUIDANCE – REGISTERING AN OVERSEAS ENTITY AND INFORMATION ABOUT ITS BENEFICIAL OWNERS

On 25 July Companies House published guidance on how to add an overseas entity and its registrable beneficial owners or managing officers to the Register of Overseas Entities.  This will allow it to buy and sell land or property in the UK.  Separate guidance on agent assurance code has also been made available. An agent must carry out verification checks on beneficial owners and managing officers of an overseas entity before the company can be registered.  The agent must request an agent assurance code before they can file any verification statements with Companies House.

https://www.gov.uk/guidance/register-an-overseas-entity

https://www.gov.uk/guidance/agent-assurance-codes

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