OTHER THINGS YOU MAY HAVE MISSED – AUGUST 16

The latest Covid-19 statistics have been released, for the week to 13 August. There were 10 new fatalities and 6,470 new cases reported. At the end of the week there were 25 patients in ICU and 172 in other wards. to dat, there have been a total of 966,779 reported cases to date and 8,444 fatalities.

Meanwhile, the health ministry reported the fourth case of monkeypox in Panama, a 25-year-old resident foreigner. There are also warnings about dengue still being present in the country, with the health ministry have logged more than 2,859 cases of dengue in the country so far in 2022. It urges the population to clean their surroundings and inside their homes, cover the containers with water and take into account that nebulisation undertaken by the authorities only kills the adult mosquito.

In other news, it is reported that more than 95% of the 450 small and medium pharmacy establishments affiliated to trade body Unprofa have complied with the closure threat, because the 30% reduction in a large number of medicines decreed by the Government.

16 August 2022

US: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY TASK FORCE LEADER CALLS FOR INCREASED GLOBAL COOPERATION ON SUPPLY CHAIN RISKS

On 15 August, FCW reported that the co-chair of the public-private task force said that global solutions are required to address some of the biggest threats impacting domestic and international supply chains.  He is quoted as saying that, “As we’re learning in the task force, no one group can really solve these things themselves”.  It is said that there is little awareness of the free-to-access range of reports the task force has produced, including an analysis on the COVID-19 pandemic and its impact on ICT companies’ logistical supply chains, and templates to provide organizations with clarity on an ICT providers’ implementation of risk management industry standards. 

https://fcw.com/acquisition/2022/08/cisa-task-force-leader-calls-increased-global-cooperation-supply-chain-risks/375867/

UK: UPPER TRIBUNAL REJECTS POINTS-BASED APPROACH TO ARTICLE 8 HUMAN RIGHTS PROPORTIONALITY ASSESSMENT

On 15 August, an article from Richmond Chambers reported that an Upper Tribunal had rejected the method whereby the proportionality of removing an appellant from the UK by scoring the pros and cons of removal out of 10.  Such a method is said to be too crude and mechanistic to account for the interplay between relevant factors and invite dangerous oversimplification.

https://immigrationbarrister.co.uk/upper-tribunal-rejects-points-based-approach-to-article-8-proportionality-assessment/

LAW ENFORCEMENT USE OF REVERSE KEYWORD SEARCHES

On 11 August, an article from Klemchuk LLP says that law enforcement in the US has increasingly used “reverse keyword searches,” also known as “keyword warrants,” as investigative tools to find which suspects to investigate.  In cites an example in an arson case in Denver, where law enforcement requested the court order Google to comply with a reverse keyword search of the house address where a fire occurred. 

https://www.klemchuk.com/ideate/reverse-keyword-searches-in-law-enforcement

HOW TO GUIDE FOR OCEAN LOGISTICS

On 15 June, HFW published an extract from The Shipping Law Review which focused on the carriage of goods by sea, but notes that other modes of transportation (inland waterways, air, road, rail), multimodal transport, warehousing and storage, and value-added services (such as consolidation, co-packing and supply-chain management) that are ancillary to these activities are all encompassed by the term ‘logistics’.  It covers such subjects as charterparties, bills of lading and the standard terms used.

https://www.lexology.com/library/detail.aspx?g=b669c62e-4888-44d5-9d1a-bd277d4b1c63&

US: DIRECTORATE OF DEFENSE CONTROLS (DDTC) ITAR OPEN GENERAL LICENSE PILOT PROGRAM APPLICABLE TO CERTAIN TRANSFERS AND RE-EXPORTS

On 12 August, an article from the Braumiller Law Group PLLC said that Open General Licenses (OGL) are used in the UK and some other countries (including the EU), and allow the export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.  The DDTC, which controls exports of defence articles and technical data, has announced a pilot program under the International Traffic in Arms Regulations (ITAR) for OGL applicable to certain transfers and re-exports, and that the announcement went further and issued the first 2 OGL for specific transactions.

https://www.mondaq.com/unitedstates/terrorism-homeland-security-defence/1221068/ddtc-is-open-to-open-general-licenses

NIGERIA: PROCEEDS OF CRIME (RECOVERY AND MANAGEMENT) ACT 2022

On 15 August, Famsville Solicitors published an article about this new legislation which seeks to provide for an effective legal and institutional framework for the recovery and management of the proceeds of crime, a non-conviction-based procedure for the recovery of proceeds of crime, strengthen criminal confiscation procedure, and collaborate among the relevant organisation in tracing properties reasonably suspected to be proceeds of unlawful activity.

https://www.mondaq.com/nigeria/crime/1221592/proceeds-of-crime-recovery-and-management-act-2022

UK: RUSSIA SANCTIONS GENERAL LICENCE RE ENEGY USE IN MONGOLIA

On 16 August, HM Treasury granted a new General Licence allowing for payments to sanctioned Russia banks for the purpose of making energy available for use in Mongolia.  It takes effect from 15 August and expires on 14 August 2023.  The provided link to the licence did not immediately work, but the list of current licences is at –

https://www.gov.uk/government/collections/ofsi-general-licences

UK: THE TRUST REGISTRATION SERVICE COUNTDOWN BEGINS

On 16 August, Kingsley Napley published an article about new rules requiring all UK trusts (subject to a few limited exceptions) and some non-UK trusts to be registered with HMRC via the Trust Registration Service (TRS).  Previously, only trusts with certain UK tax liabilities or a business relationship with a UK service provider needed to be registered.  It says that the actual registration of the trust should be relatively straightforward (albeit the online TRS process is not entirely intuitive).  The tricky part is identifying whether a trust needs to be registered and the relevant deadline. 

https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/the-trust-registration-service-the-countdown-begins#page=1

UK NOTICE TO EXPORTERS: THE PLAN FOR MANDATING OF EORI NUMBERS IN SPIRE

On 16 August, the Department for International Trade published Notice for Exporters 2022/24 which explains the plan to introduce mandatory Economic Operator Registration Identification (EORI) numbers on licence applications and registrations on the SPIRE system.

https://www.gov.uk/government/publications/notice-to-exporters-202224-mandating-of-eori-numbers-in-spire/nte-202224-mandating-of-eori-numbers-in-spire

US: BUREAU OF INDUSTRY AND SECURITY EXPORT CONTROLS ON 4 EMERGING TECHNOLOGIES

On 16 August, Sandler Travis Rosenberg reported on amendment of the Export Administration Regulations to implement controls on 4 technologies to reflect certain controls required by the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, to bring US controls into line with its requirements.  The technologies are 2 substrates of ultra-wide bandgap semiconductors, a specific type of electronic computer-aided design software, and pressure gain combustion technology for the production and development of gas turbine engine components or systems.

https://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/august/export-controls-established-on-four-emerging-and-foundational-technologies

FRENCH CUSTOMS SEIZE 582 KG OF COCAINE IN CONTAINER FROM MARTINIQUE

On 13 August, the St Lucia Times reported that Customs Officers at the port of Marseille have seized 528 kg of cocaine with an estimated street value of €37 million in a removals container from Martinique.

https://stluciatimes.com/french-customs-seize-582-kilos-of-cocaine-in-container-from-martinique/

UK: RUSSIAN SANCTIONS, LEGAL SERVICES AND THE LAW OF UNINTENDED CONSEQUENCES

On 15 August, the Law Society Gazette published an article saying that in July the UK introduced a prohibition on Russian businesses receiving certain UK professional services, including management consulting, accounting and PR services. UK legal services, by contrast, remain exempt from these prohibitions. It warns that there is little case law and much political advantage in ensuring that the prohibitions remain ambiguous.  It says that OFSI needs to follow the example of the European Commission, which is more adept at providing comfort letters to businesses which are not caught by EU sanctions, and need to persuade their banks of this fact.

https://www.lawgazette.co.uk/practice-points/russian-sanctions-and-the-law-of-unintended-consequences-/5113400.article

AUSTRALIA: HOW ORGANISED CRIME HAS INFILTRATED THE NATIONAL DISABILITY INSURANCE SCHEME

On 14 August, the Sydney Morning Herald reported that Australia’s most senior criminal intelligence official says organised criminals involved in drug trafficking, violence and money laundering are exploiting systemic weaknesses in the NDIS on an unprecedented scale.

https://www.smh.com.au/national/the-scumbag-scale-how-organised-crime-has-infiltrated-the-ndis-20220811-p5b95s.html

INDONESIAN WORKERS ON UK FARM ‘AT RISK OF DEBT BONDAGE’

On 14 August, The Observer reported that, as farms look further afield for labour, an investigation finds Kent pickers saying they struggle to pay fees charged by unlicensed brokers.  They were initially given zero-hours contracts, and at least one was paid less than £300 a week after the cost of using a caravan was deducted, according to payslips and other documents seen as part of a Guardian investigation.  The fees they pay to secure work include flights and visas, but multiple labourers said they also faced thousands of pounds in extra charges from Indonesian brokers who promised substantial earnings although, under UK employment law, it is illegal to charge workers fees for finding them jobs.

https://www.theguardian.com/uk-news/2022/aug/14/uk-farm-workers-kent-debt-indonesian-brokers

FBI ANNOUNCES RESULTS OF NATIONWIDE SEX TRAFFICKING OPERATION

A news release from US DoJ on 15 August announced the results of Operation Cross Country XII, in which the FBI with state and local partners identified and located 84 minor victims of child sex trafficking and child sexual exploitation offenses and located 37 actively missing children during a nationwide enforcement campaign.

https://www.justice.gov/opa/pr/fbi-announces-results-nationwide-sex-trafficking-operation

ALBANIANS: EUROPE’S NEW COCAINE KINGS

On 15 August, a video report from Vice said that, over the past decade, organised crime groups from Albania have taken over huge sections of the cocaine trade – particularly trafficking to Europe, which has become the biggest cocaine market in the world.  The report sets out to separate truth from fiction – showing how the Albanian crime groups maintain their power, and how they have revolutionised the cocaine trade using innovation, entrepreneurial flair and deadly violence.

https://www.youtube.com/watch?v=mXY2F9sShFk

NEPAL: THE CENTRAL BANK HAS INSTRUCTED BANKS AND FINANCIAL INSTITUTIONS TO TIGHTEN THE PROCEDURE FOR THE IMPORT OF GOODS TO DISCOURAGE AND CONTROL TRADE-BASED MONEY LAUNDERING

On 16 August, Khabarhub reported that Nepal Rastra Bank (NRB), has instructed banks and financial institutions (BFI) to tighten the procedure of import of goods to discourage and control money laundering possible through import and export business.  The Central Bank concluded that the use of black money has increased in the import and export trade.

https://english.khabarhub.com/2022/16/268053/

EU BAN ON RUSSIAN COAL IMPORTS COMES INTO FORCE

On 16 August, Hellenic Shipping News reported that Russian coal imports to the European Union are not permitted for the foreseeable future starting 10 August. 

https://www.hellenicshippingnews.com/eu-ban-on-russian-coal-imports-comes-into-force/

SOMALIA MARITIME POLICY: SHAPING A NEW SECURITY AGENDA IN THE INDIAN OCEAN

This new White paper from Risk Intelligence, published in July, says that Somalia has a new policy, shifting the focus away from piracy, regulating the maritime domain and building a “blue” economy.

https://www.riskintelligence.eu/whitepaper-download-somalia-maritime-policy

US DEBARS 10 PERSONS FOR HAVING BEEN CONVICTED OF VIOLATING, OR CONSPIRING TO VIOLATE, THE ARMS EXPORT CONTROL ACT

On 10 August, the State Department advised that these persons are now are prohibited from participating directly or indirectly in activities regulated by the ITAR.   This includes any brokering activities and any export from, or temporary import into, the US of defence articles, related technical data, or defence services in any situation covered by the ITAR.

https://www.state.gov/u-s-department-of-state-debars-ten-persons-for-violating-or-conspiring-to-violate-the-arms-export-control-act/

EU MUST MAKE PUBLIC WHO REALLY OWNS ITS FISHING FLEETS

An article from a French MEP in the EU Observer on 16 August says that illegal, unreported and unregulated (IUU) fishing constitutes one of the most serious threats to the oceans, and the lack of transparency in the global fishing sector is a key enabler of illegal fishing and associated crimes.  Despite the installation of tracking systems and other advancements aiming to improve transparency within the fishing industry, EU citizens are still able to own fishing vessels in countries that received an official EU warning for their failure to tackle illegal fishing.  Multiple vessels currently fishing under the flags of non-EU countries that have been warned for their failure to tackle illegal fishing are owned by EU citizens having profit within the EU.  For example, several Latvian vessels identified in this analysis have been reflagged to Cameroon, however, the true owners still seem to be based in the EU.

https://euobserver.com/opinion/155771

US: COURT AUTHORISES SERVICE OF JOHN DOE SUMMONS SEEKING THE IDENTITIES OF US TAXPAYERS WHO HAVE USED CRYPTOCURRENCY

On 16 August, a release on Mondo Visione advised that a federal court in California had entered an order authorising the IRS to serve a John Doe summons on SFOX, a cryptocurrency prime dealer headquartered in Los Angeles, seeking information about US taxpayers who conducted at least the equivalent of $20,000 in transactions in cryptocurrency between 2016 and 2021 with or through SFOX.

https://mondovisione.com/media-and-resources/news/us-department-of-justice-court-authorizes-service-of-john-doe-summons-seeking-t-1/

US: 9 MEMBERS AND ASSOCIATES OF GENOVESE AND BONANNO ORGANISED CRIME FAMILIES CHARGED WITH RACKETEERING AND ILLEGAL GAMBLING OFFENSES

On 16 August, a news release from US DoJ advised that 2 indictments were unsealed charging 9 defendants with racketeering, illegal gambling, money laundering conspiracy, obstruction of justice, and related offences.  It is said that arrests of members from 2 La Cosa Nostra crime families demonstrate that the Mafia continues to pollute communities with illegal gambling, extortion, and violence while using our financial system in service to their criminal scheme.

https://www.justice.gov/usao-edny/pr/nine-members-and-associated-genovese-and-bonanno-organized-crime-families-charged

SWITZERLAND TO RETURN UZBEKISTAN’S ASSETS FROZEN IN MONEY LAUNDERING PROBE

On 16 August, FX Empire reported that Switzerland has agreed to send back to Uzbekistan over $100 million which it seized during a long-running investigation in connection with the daughter of former president Islam Karimov.  The ongoing criminal proceedings against Gulnara Karimova which have involved suspected money laundering via telecommunications contracts have so far resulted in the seizure of $131 million. The Swiss foreign ministry said more funds might become available from assets that may be confiscated in future.

https://www.fxempire.com/news/article/switzerland-to-return-uzbekistans-assets-frozen-in-money-laundering-probe-1098140

SANCTIONS AND THE 50% RULE

Another example which presents even more challenges 

https://www.linkedin.com/posts/george-voloshin_50percentrule-sanctions-activity-6965355930523738112-jKHE

Any modest contributions for my time and ongoing expenses are welcomed!  At Buy me a Coffee one-off contributions start as low as $3, at

https://www.buymeacoffee.com/KoIvM842y

NOTE THAT 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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