OTHER THINGS YOU MAY HAVE MISSED – SEPTEMBER 30

2 more new cases of monkeypox announced, taking the total to 16…

30 SEPTEMBER 2022

EL SALVADOR – CENTRAL RESERVE BANK APPROVES TECHNICAL STANDARDS REGARDING AML/CFT/PROLIFERATION RISK MANAGEMENT

On 28 September, Arias reported that the Standards Committee of the Central Reserve Bank of El Salvador approved a document entitled “Technical Standards for the Risk Management of Asset and Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction”, which will enter into force on 26 October.

https://ariaslaw.com/en/news-in/el-salvador–central-reserve-bank-approves-technical-standards-regarding-money-laundering-financing-of-terrorism-and-financing-of-proliferation-of-weapons-of-mass-destruction-risk-management

SWITZERLAND DE-LISTS 11 DESIGNATED INDIVIDUALS UNDER RUSSIA SANCTIONS

On 28 September, Baker McKenzie reported that Switzerland had followed the EU in removing 11 individuals from its Russia sanctions list.

https://sanctionsnews.bakermckenzie.com/switzerland-de-lists-designated-individuals-under-russia-sanctions/#page=1

EXTRACTION AND TRAFFICKING OF MOROCCAN COASTAL SAND

On 18 May, ENACT Africa had published an article (in French) saying that the resulting permanent damage to the country’s beaches will have a negative impact on local livelihoods and the national tourism industry, due to insufficient sanctions to crack down on illegal sand mining.

https://enactafrica.org/research/research-papers/extraction-et-trafic-du-sable-cotier-marocain

WOMEN AND ORGANISED CRIME IN EAST AFRICA

On 19 September, ENACT Africa published a report based on ground-breaking research from the DRC, Kenya and Uganda.  It uses studies of illegal coltan mining in the Democratic Republic of Congo, sand trafficking in Kenya and wildlife crime in Uganda.

https://enact-africa.s3.amazonaws.com/site/uploads/research-paper-33.pdf

NETHERLANDS ASKS EU COMMISSION FOR CLARIFICATION ON LEGAL SERVICES AND RUSSIAN SANCTIONS

On 30 September, the EU Sanctions blog reported that the Dutch Ministry of Foreign Affairs has asked the Commission if its interpretation is correct concerning the provision of legal services.

https://www.europeansanctions.com/2022/09/netherlands-asks-commission-about-provision-of-legal-services-under-eu-russia-sanctions/

US PRESSURING ISRAEL TO CUT RESEARCH TIES WITH CHINA OVER DUAL-USE CONCERNS

On 29 September, Breaking Defense reported that an Israeli Ministry of Defense source told Breaking Defense that the US is especially concerned about the leakage of sensitive data about cyber capabilities, mini-satellites and electronic warfare systems.  The move comes as Israel is moving to create stronger bonds with Chinese research institutes, including an agreement launched last year specifically “to attract excellent Chinese students” to come study in Israel.

https://breakingdefense.com/2022/09/white-house-pressuring-israel-to-cut-research-ties-with-china-over-dual-use-concerns/

ERICSSON KEEPS SUPPLYING RUSSIA DESPITE UKRAINE INVASION

On 26 September, the Telegraph reported that Ericsson is continuing to supply mobile phone equipment to Russia despite pledging to halt operations in the country.  It applied for a dozen exemptions from local export controls on “dual-use” products, according to Swedish Radio.

https://www.telegraph.co.uk/business/2022/09/26/ericsson-keeps-supplying-russia-despite-ukraine-invasion/

UN RENEWS SHIP INSPECTIONS OFF LIBYA FOR SMUGGLED MIGRANTS

On 29 September, KTVZ reported that the UN Security Council has voted unanimously to authorise for another year the inspection of vessels off the coast of Libya suspected of smuggling migrants or engaging in human trafficking from the North African nation.

https://ktvz.com/news/ap-national-news/2022/09/29/un-renews-ship-inspections-off-libya-for-smuggled-migrants/

INSOLVENCY SERVICE WARNS OF WINE INVESTMENT RECOVERY SCAM

On 30 September, Drinks Business reported that, following the liquidation of Global Wine Exchange in March, investors are now being warned that scammers are making false claims that their funds can be recovered.  It is said that recovery room scammers posing as trading standards officials are exploiting the fallout of the liquidation by asking for personal information and claiming that if it is not provided no funds will be transferred.

https://www.thedrinksbusiness.com/2022/09/insolvency-service-warns-of-wine-investment-recovery-scam/

EU COMMISSION SEEKS VIEWS ON THE FUTURE EUROPEAN CRITICAL RAW MATERIALS ACT

On 30 September, the EU launched a consultation in preparation of the European Critical Raw Materials Act.  Interested parties are invited to provide comments and evidence and reply to targeted questions on the current problems faced along the critical raw materials supply chain within and outside of the EU and how to address them. 

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13597-European-Critical-Raw-Materials-Act_en

TRIAL OF ALLEGED RWANDA GENOCIDE FINANCIER

On 29 September, Jurist reported that the trial of Félicien Kabuga, one of the alleged financiers and masterminds of the 1994 Rwandan genocide began at The Hague. Kabuga was one of the financiers of the Rwandan media outlet Radio Télévision Libre des Mille Collines.  In his role as financier, he supported and delivered broadcasts which named specific persons to be targeted, pointed out areas of attack and encouraged people to carry out searches for targeted individuals.

https://www.jurist.org/news/2022/09/trial-of-rwanda-genocide-financier-begins-at-the-hague/

https://www.france24.com/en/tv-shows/eye-on-africa/20220929-rwandan-suspect-f%C3%A9licien-kabuga-had-key-genocide-role-trial-hears

JERSEY: APPEAL AGAINST FORFEITURE OF £1.9 MILLION DEPOSITED INTO JERSEY NUMBERED BANK ACCOUNTS IN A FALSE IDENTITY BETWEEN 1989 AND LATE 1990S

A news release from the Jersey Government on 30 September advised that the Jersey Court of Appeal dismissed an appeal against the Attorney General’s application seeking the forfeiture of approximately £1.9 million deposited into Jersey numbered bank accounts in a false identity between 1989 and the late 1990s.  The money is said to be linked to funds looted under the Abacha regime in Nigeria, and was regarded as “tainted”.

https://www.gov.je/News/2022/Pages/NigerianForfeitureAppealDismissed.aspx

TRADE MARK OWNERS WITH UK RIGHTS ARE CHOOSING TO ENGAGE UK-BASED REPRESENTATIVES TO AVOID THE RISK OF LOSING ‘CLONED’ RIGHTS AFTER BREXIT

On 29 September, Out-Law reported that an increasing number of trade mark owners are acting to avoid the risk of losing ‘cloned’ rights after Brexit.  It explains that such cloned UK trade mark registrations were created in the wake of the UK’s withdrawal from the EU, and mirror all EU trade mark (EUTM) registrations registered as at 1 January 2021, and are identical in all respects to the parent EUTM.

https://www.pinsentmasons.com/out-law/analysis/avoiding-loss-cloned-uk-trade-mark-rights

NEW JURISDICTIONAL GATEWAYS TO HELP UNMASK FRAUDSTERS OUTSIDE OF ENGLAND AND WALES

On 29 September, Out-Law reported that an update to the Civil Procedure Rules (CPRs) in England and Wales has handed fraud litigators a new key to help unmask fraudsters and trace misappropriated assets.  From 1 October, it extends the current 21 “jurisdictional gateways” through which the English courts may give permission for a claim to be served outside the jurisdiction of England and Wales.  It is said that victims of fraud will now be able to use Norwich Pharmacal Orders (NPO) and Bankers Trust orders with greater jurisdictional reach through the new gateway, allowing them to make a claim or application for disclosure in order obtain information from entities outside England and Wales to assist them in bringing further action in the English courts.

https://www.pinsentmasons.com/out-law/analysis/cpr-gateway-unmask-fraudsters-outside-england-wales

THE GLOBAL OPERATIONS BEHIND CHINA’S MASSIVE FISHING FLEETS TARGETING THE GALAPAGOS ISLANDS REVEALED

On 27 September, the Marine Megafauna Foundation carried an article about a major New York Times report which highlights how China’s enormous international fishing fleet has spread across the world’s oceans.  The Galapagos Islands are a prime fishing target due to the abundant ocean wildlife.  Satellite mapping from 2020–2021 shows how their fleets line the edges of international water surrounding the Galapagos, catching sharks and other marine life as they exit and enter protected waters.  It also featured the journey of “Motherships”- gigantic refrigerated vessels that exist so smaller ships can unload their catch without ever needing to return to port, allowing them to fish continuously and making it easy to “underreport the catch and disguise its origins”.

https://marinemegafauna.org/news/how-chinas-fishing-fleets-target-galapagos-islands

UK: REGULATOR SETS OUT PROPOSALS TO GIVE GREATER PROTECTION AGAINST APP SCAMS

On 29 September, the Payment Systems Regulator published a consultation that it says will usher in greater protections from Authorised Push Payment (APP) scam losses and will see further action being taken to prevent scams from happening in the first place.  It says that its ongoing work identified concerns about outcomes for victims under the current voluntary approach taken by banks and building societies.  

https://www.psr.org.uk/news-updates/latest-news/news/psr-sets-out-proposals-to-give-greater-protection-against-app-scams/

NETHERLANDS: COPS SEIZED LARGE AMOUNTS OF CASH IN MONEY LAUNDERING CASE AROUND JUMBO CEO

On 30 September, the NL Times reported that police seized large amounts of cash in the money laundering investigation in which Jumbo CEO Frits van Eerd is also a suspect.  The case revolves around money and property laundering through real estate transactions, car trading, unexplained cash deposits, and sponsorship deals in the motocross sport.  There are 9 suspects in this case. 

https://nltimes.nl/2022/09/30/cops-seized-large-amounts-cash-money-laundering-case-around-jumbo-ceo

BULGARIA: COURT REMANDS IN CUSTODY TURKISH-GERMAN DUAL NATIONAL WANTED BY US FOR $23 MILLION FRAUD

On 30 September, the Bulgarian News Agency BTA reported that Metin Savas Koros, 59, a dual Turkish and German national, wanted in the US for $23 million fraud and money laundering, was remanded in custody for 60 days.

https://www.bta.bg/en/news/bulgaria/336295-turkish-german-dual-national-wanted-by-us-for-usd-23-mln-fraud-left-in-custody

HONG KONG CHARGES 13 IN A PUMP-AND-DUMP SCHEME CRACK DOWN

On 30 September, Finance Magnates reported that the Hong Kong police and Securities and Futures Commission (SFC) have charged 13 suspects, a syndicate, of a sophisticated ‘ramp-and-dump’ (“pump and dump”) scheme.

https://www.financemagnates.com/forex/hong-kong-charges-13-in-a-pump-and-dump-scheme-crack-down/

TABLE OF IRANIAN NUCLEAR SITES AND RELATED FACILITIES

On 16 September, the Wisconsin Project on Nuclear Arms Control provided a list of facilities that carry out the different steps of the nuclear fuel cycle. This infrastructure includes the mine where Iran extracts natural uranium, the mill that processes uranium ore into a concentrate known as “yellowcake,” and the plant that converts this yellowcake into uranium hexafluoride (UF6) gas – the feedstock for centrifuges that enrich uranium.  Iran operates several gas centrifuge plants and accumulates enriched uranium that can be used to manufacture fuel for nuclear reactors or nuclear weapons.  It also operates reactors for the purpose of generating electricity and conducting research for medical and industrial applications.  Because of the dual-use potential of many of these facilities, however, the international community has long raised concerns that Iran could use this infrastructure and expertise to develop nuclear weapons.

https://www.iranwatch.org/our-publications/weapon-program-background-report/table-irans-principal-nuclear-facilities

RESPONSIBILITY CHAINS: BUILDING GLOBAL GOVERNANCE FOR FOREST RISK COMMODITY CHAINS

On 13 September, the Stimson Center argues that, in order to promote a more effective global governance for forests, it proposes the creation of a Responsibility Chains Process.  The paper is part of a series which provides a platform for leading and up-and-coming authors’ thinking on major contemporary global governance challenges with view to stimulating further debate and influence policy debates.

https://www.stimson.org/wp-content/uploads/2022/09/Responsibility-chains-091322-revised.pdf

FORMER EL SALVADOREAN FOOTBALL OFFICIAL SENTENCED TO 16 MONTHS IN PRISON FOR CORRUPTION

On 29 September, the Global Investigation Review reported that Reynaldo Vasquez, the former president of El Salvador’s football federation FESFUTwill also pay $360,000 for his role in an international corruption scheme that the US has been pursuing for years.  Vasquez was finally extradited to the US from El Salvador last year, having been indicted in 2015, and pleaded guilty in August 2021, and the conviction relates to accepting a bribe in 2012 from Miami-based Media World, which manages rights for Spanish-speaking broadcasters.

https://www.insidethegames.biz/articles/1128650/

https://globalinvestigationsreview.com/just-anti-corruption/article/former-salvadorean-football-official-sentenced-16-months-in-prison

OFAC REISSUES UPDATED LIBYAN SANCTIONS REGULATIONS

On 30 September, OFAC advised that the regulations previously published in abbreviated form in 2011.   The new Libyan Sanctions Regulations includes additional interpretive guidance and definitions, general licenses, and other regulatory provisions that will provide further guidance to the public.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220930_33

https://home.treasury.gov/system/files/126/20220930_libya_regulations_0.pdf

SLOVAK OIL REFINER TO KEEP SELLING RUSSIAN OIL, HOPES COMMISSION TURNS A BLIND EYE

On 30 September, EurActiv reported that Slovakia’s largest oil refiner Slovnaft will keep selling Russian oil on the domestic market even after its exemption under the EU embargo on Russian crude oil runs out at the end of 2023, the company’s CEO Marek Senkovič has said. 

https://www.euractiv.com/section/energy-environment/news/slovak-oil-refiner-to-keep-selling-russian-oil-hopes-commission-turns-a-blind-eye/

https://www.linkedin.com/posts/arthur-bedel_onlinetransaction-cardholder-transaction-activity-6981632572476817409-dhIj

HARLEQUIN: MAN BEHIND A £226 MILLION FRAUD JAILED FOR 12 YEARS FOLLOWING AN INVESTIGATION BY THE SFO

A news release from the SFO on 30 September advised that David Ames, 70, who fraudulently abused his position as Chairman of the Harlequin business, exposing over 8,000 investors to huge losses between 2010 and 2015 had been jailed.  Ames sold to a large number of people with Self-Invested Personal Pensions (“SIPPs”) before regulations were tightened in 2012, many of them elderly with little investing experience.

https://www.sfo.gov.uk/2022/09/30/harlequin-resorts-boss-jailed-for-12-years-following-sfo-investigation/

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RUSSIA SANCTIONS: US ADDS 57 ENTITIES TO ITS EXPORT CONTROLS ENTITY LIST IN RESPONSE TO RUSSIA’S FURTHER INVASION OF UKRAINE

On 30 September, KPMG reported that the Bureau of Industry and Security (BIS) of the US Commerce Department advised that 56 of the entities will be listed on the entity list under the destination of Russia and 1 will be listed under the destination of the Crimea region of Ukraine.  Being placed on the Entity List Entities means the entity is subject to licence requirements for the export or transfer of specified items, such as some US technologies.

https://home.kpmg/us/en/home/insights/2022/09/tnf-us-additions-ear-entity-list.html

https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3146-2022-09-30-bis-press-release-bis-adds-57-to-entity-list-final/file

https://www.steptoeinternationalcomplianceblog.com/2022/09/us-implements-subtle-but-significant-expansions-of-export-controls-on-russia-belarus-and-other-countries/

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OFAC: SANCTIONS COMPLIANCE GUIDANCE FOR INSTANT PAYMENT SYSTEMS

On 30 September, OFAC issued this guidance which emphasises the importance of taking a risk-based approach to managing sanctions risks in the context of new payment technologies such as instant payment systems and to highlight considerations relevant to managing those risks.   This guidance also encourages developers of instant payment systems to incorporate sanctions compliance considerations and features as they develop these systems.

https://home.treasury.gov/system/files/126/instant_payment_systems_compliance_guidance_brochure.pdf

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OFAC: SETTLEMENT WITH TANGO CARD INC OF SEATTLE, A COMPANY THAT SUPPLIES AND DISTRIBUTES ELECTRONIC REWARDS OVER ALLEGED SANCTIONS VIOLATIONS

On 30 September, OFAC announced a settlement with Tango Card Inc to settle its potential civil liability for 27,720 apparent violations of multiple US sanctions programs, said to be caused by deficient geolocation identification processes.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220930_33

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UK: ADDITIONAL RUSSIAN SANCTIONS IN RESPONSE TO PUTIN’S ILLEGAL ANNEXATION OF UKRAINIAN REGIONS

On 30 September, HM Treasury announced new moves to implement services sanctions and export ban that target Russian economic vulnerabilities in response to Putin’s illegal annexation of Ukrainian regions.  It says that the UK is moving in lockstep with international partners to target key sectors of the Russian economy. The new measures will ramp up economic pressure on the Russian regime by targeting vulnerabilities and disrupting crucial supply chains.  On 30 September, specifically, it designated Elvira Sakhipzadovna NABIULLINA, Governor of the Central Bank of the Russian Federation.  The existing entries for Alexey Ivanovich ISAYKIN and Alexander Dmitrievich KHARICHEV are also amended.

https://www.gov.uk/government/news/sanctions-in-response-to-putins-illegal-annexation-of-ukrainian-regions

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1108510/Notice_Russia_300922.pdf

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RUSSIA-RELATED DESIGNATIONS, DESIGNATIONS UPDATES AND FAQ

On 30 September, OFAC announced the addition of a large number of new individuals and entities on its Russia sanctions list, with a number of others amended, plus new FAQ 1091.  The new names comprise 14 persons in Russia’s military-industrial complex, including 2 international suppliers, 3 key leaders of Russia’s financial infrastructure, immediate family members of some of senior Russian officials; and 278 members of Russia’s legislature.  OFAC also warned of the heightened sanctions risk that international actors outside of Russia would face for providing political or economic support to Russia as a result of its illegal attempts to change the status of Ukrainian territory. 

https://home.treasury.gov/policy-issues/financial-sanctions/faqs/1091

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20220930

https://home.treasury.gov/news/press-releases/jy0981

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WILDLIFE CRIME – AH NAM: THE DOWNFALL OF VIETNAM’S WOLF OF WALL STREET

On 28 September, the Wildlife Justice Commission published a report on the rise and fall of one of Vietnam’s biggest wildlife traffickers, Nguyen Van Nam (referred to in the report as Ah Nam).  He was arrested in Hanoi on 30 September 2019 in connection with the illegal trade of ivory; on 16 July 2020 he was convicted and sentenced to 11 years in prison.   Now that the investigation into one of his connections has been concluded, the full extent of efforts to bring Ah Nam to justice can be disclosed.

https://wildlifejustice.org/publications/ah-nam-the-downfall-of-vietnams-wolf-of-wall-street/

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US: OLEG VLADIMIROVICH DERIPASKA AND ASSOCIATES INDICTED FOR SANCTIONS EVASION AND OBSTRUCTION OF JUSTICE

On 29 September, a news release from US DoJ confirmed the indictment of Oleg Deripaska and 3 others.

https://www.justice.gov/opa/pr/russian-oligarch-oleg-vladimirovich-deripaska-and-associates-indicted-sanctions-evasion-and

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CANADA: FINTRAC PUBLISHES INDICATORS ON THE LAUNDERING OF PROCEEDS FROM ILLICIT CANNABIS

On 28 September, a news release from FINTRAC advised of the latest Operational Alert, Laundering of Proceeds from Illicit Cannabis, in support of Project Legion.  This Operational Alert is meant to assist businesses subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act in better identifying and reporting to FINTRAC financial transactions related to the laundering of proceeds from illicit cannabis activities.  It was developed in collaboration with law enforcement and Canada’s largest banks to advance and facilitate Project Legion, Canada’s most recent public-private partnership.  The Alert includes an overview of FINTRAC’s analysis of suspicious transaction reports related to illicit cannabis; “red flags” in indicators of illicit cannabis in relation to online unlicensed dispensaries; and possibly related to illicit cannabis in relation to the cultivation, processing and preparation

https://fintrac-canafe.canada.ca/intel/operation/cannabis-eng

https://fintrac-canafe.canada.ca/new-neuf/nr/2022-09-28-eng

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CORPORATE CRIMINAL LIABILITY: LESSONS FROM THE INTRODUCTION OF FAILURE TO PREVENT OFFENCES

On 30 September, an Insight from RUSI asks if ‘failure to prevent’ offences had an impact on the criminal liability for corporate entities?  It explains that the basis of a failure to prevent offence is simple – to have any defence, an organisation needs to prove that it had ‘reasonable’ or ‘adequate’ procedures in place to prevent an individual associated with it from carrying out a criminal activity.  The first failure to prevent offence was introduced in relation to bribery in 2010; 2 further failure to prevent offences followed in the Criminal Finances Act 2017 related to the facilitation of tax evasion.

https://static.rusi.org/340_EI_Corporate%20Criminal%20Liability_Westmore_web_final.pdf

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