From 10 October, Panama will begin vaccinating children from 6 months to 4 years of age with the Pfizer vaccine. It already began this year to vaccinate children from 5 years old to 11 years old.
5 OCTOBER 2022
THE SECURITY CONCERNS OF A DUAL-USE CRISPR GENE EDITING TOOL
On 5 October, a post on Lawfire was concerned with CRISPR, a gene modification tool that has, the post explains, “dual-use potential” as an “enabling technology”. It is said that CRISPR has many peaceful uses but it could also “be employed to manipulate and modify a pathogen, bacteria or toxin to render it more deadly, potent or immune to antibiotics or vaccines”. It goes on to say that CRISPR is an ‘enabler’ and as such, an ‘enabling technology’. What is clear, it says, is the security risk this gene modification technology presents, and that there is a potential for military development, with unknown consequences.
PANAMA REMAINS ON THE LIST OF EU TAX HAVENS
On 5 October, La Estrella de Panama reported that the EU has decided to keep Panama on its discriminatory list of tax havens, for 6 more months – as the country has not complied with international criteria on transparency and exchange of tax information, and because it has a regime of exemption of income from abroad considered harmful by the EU.
https://www.laestrella.com.pa/economia/221005/panama-mantiene-lista-paraisos-fiscales
PANAMA FINES CHINESE VESSEL (WITH PANAMA FLAG) $300,000 FOR ILLEGAL FISHING
On 5 October, ANP reported that Panama had fined the Reefer vessel, YONG HANG 3 (YH3), with a fine of $300,000 for violating fishing regulations, specifically illegal fishing as a cargo transport vessel. The fine was imposed by the Aquatic Resources Authority (ARAP) and according to a press release the vessel was sanctioned based on the “Management and Conservation Measure 11-2015 of the South Pacific Regional Fisheries Organization (SPRFMO) and the 1995 Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks”. This followed boarding by the US Coast Guard.
HELSINKI SHIPYARD LOSES RUSSIAN ICEBREAKER ORDER AFTER FINLAND REFUSES EXPORT LICENCE
On 5 October, TradeWinds reported that Helsinki Shipyard’s bid to build an LNG-powered icebreaker for Russian miner Norilsk Nickel has collapsed. The order was revealed in January and construction was due to start in next year for delivery in 2025.
US: TEMPORARY DENIAL ORDERS AGAINST RUSSIAN AIRLINES AEROFLOT, AZUR AIR AND UTAir HAVE BEEN RENEWED
On 5 October, EU Sanctions blog reported that Temporary Denial Orders (TDO) issued against these Russian airlines by the US Commerce Department’s Bureau of Industry and Security (BIS) have been renewed for another 180 days, denying them export privileges.
https://www.europeansanctions.com/2022/10/bis-renews-aeroflot-azur-air-utair-export-denial-orders/
SANCTIONS CONCERNS OF ALUMINIUM MAKERS
On 4 October, an article in Money Control focussed on potential sanctions on Russian aluminium, saying that any ban would have severe ramifications for the industry. Russia is the second-biggest supplier, with even the US reliant on it for metal for a wide range of products, including aircraft and cars.
ETHIOPIA TURNS OVER ALLEGED PEOPLE SMUGGLER TO NETHERLANDS
On 5 October, Spectrum News reported that Ethiopia has turned over to Dutch judicial authorities a 38-year-old Eritrean man suspected of playing a leading role in a major international criminal network that smuggled Eritreans to the Netherlands. He is suspected of people smuggling from 2014-2020.
SMUGGLING OF TYRES TO ARGENTINA
On 5 October, Zyri reported that, in the last 3 months, the customs authorities had seized 4,557 tyres with an estimated value of $320 million which had tried to enter the country illegally.
UYGHUR FORCED LABOR PREVENTION ACT: COMMERCIAL IMPLICATIONS, COMPLIANCE CHALLENGES AND RESPONSES
An article from White & Case on 4 October reminds one that the rebuttable presumption of the Uyghur Forced Labor Prevention Act (UFLPA) took effect on 21 June. Under this presumption goods produced in the Xinjiang Uyghur Autonomous Region (XUAR), or by certain identified entities, are made with forced labour, and therefore subject to an import prohibition in the US. Violations can empower US Customs & Border Protection to detain, exclude, or seize goods and assess monetary penalties, unless “clear and convincing evidence” shows that no forced labour, situated anywhere in the supply chain, produced any part of the goods. Importantly, the statute contains no de minimis exception.
US SUPREME COURT DECLINES TO HEAR RUSSIAN OLIGARCH OLEG DERIPASKA’S OFAC SANCTIONS CASE
On 4 October, Kenneth Rijock reported in his blog that the Supreme Court has denied the Petition of Russian oligarch Oleg Deripaska to review the adverse decisions involving OFAC sanctions imposed upon him.
https://rijock.blogspot.com/2022/10/us-supreme-court-declines-to-hear.html
EU AMENDS THE LIST OF SANCTIONS AUTHORITY CONTACTS FOR CRIMEA/SEVASTOPOL SANCTIONS
EU Regulation 2022/1848/EU has replaced the Annex to EU Regulation 692/2014/EU which contains the internet addresses of each member State’s relevant sanctions authority.
NIGERIA MAFIA CULT KINGPINS ARRESTED IN SOUTH AFRICA
On 3 October, OCCRP reported that South Africa had arrested t2wo cybercrime kingpins linked to Nigeria’s infamous mafia cult that operates as a transnational organised group. The 2 are suspected of wire fraud, access device fraud and money laundering. The Air Lords is a Nigerian cult adhering to obscure religious practices. It was founded in the 1970s at the University of Ibadan in southern Nigeria with the intention to make a positive contribution to society.
https://www.occrp.org/en/daily/16825-nigeria-mafia-cult-kingpins-arrested-in-south-africa
US EXPORT-IMPORT BANK: ADDITIONAL DOCUMENTATION ABOUT STAKEHOLDER ROLES AND CLARITY ABOUT FRAUD RISKS WOULD STRENGTHEN ANTI-FRAUD EFFORTS
A report from the US Governmental Accountability Office on 27 September examined the work of the Export-Import Bank, which supports American jobs by facilitating US exports. It offers loans, loan guarantees, and other help to US companies that cannot obtain private financing for their deals. It may assume risks that the private sector won’t, including risk of losses due to fraud. The bank has adopted antifraud practices as required by law. The GAO reviewed its 2020-2021 transactions to see if it denied applications from parties with fraud or corruption charges, and found no convicted parties among applicants. However, the GAO made recommendations which address ways the bank could improve its responses to evolving risks of fraud and more.
https://www.gao.gov/products/gao-22-105340
COULD BOLIVIA’S ROAD BRIBERY PROBE DERAIL CHINA’S LATIN AMERICAN INVESTMENTS?
On 3 October, an article from BNA Americas posed this question, saying that Bolivia’s investigation into a bribe allegedly paid by China Harbour Engineering Company (CHEC) could have repercussions for the reputation of Chinese companies in Latin America and the Caribbean.
SECURITY WARNING FOR THE RED SEA, PERSIAN GULF, AND WESTERN INDIAN OCEAN REGION
On 5 October, Hellenic Shipping News reported that the US Maritime Administration (MARAD) issued a revised advisory to commercial vessels operating in the Persian Gulf, Strait of Hormuz, Gulf of Oman, Arabian Sea, Gulf of Aden, Bab el-Mandeb Strait, Red Sea, and Western Indian Ocean. The advisory warns that regional conflict, heightened military activity, and increased political tensions continue to pose threats to merchant vessels operating in these geographical areas. The threats include drones (unmanned aerial vehicles (UAV)), limpet mines, explosive boats, and pirates and armed robbers.
WILSON CENTER LAUNCHES LATIN AMERICA MARINE PROTECTION PARTNERSHIP WITH THE US STATE DEPARTMENT
On 4 October, the Wilson Center in the US advised that the partners had launched a series of dialogues to improve marine protection and combat illegal, unreported and unregulated (IUU) fishing in the Eastern Tropical Pacific Marine Corridor (CMAR) – a productive and biologically diverse region, including the Galápagos Islands.
NORWAY: RUSSIA SANCTIONS – IMPLEMENTATION OF SEVENTH EU SANCTIONS PACKAGE
The measures included in the EU’s seventh sanctions package were implemented in Norway on 26 August.
PODCAST: CORRUPTION, SANCTIONS AND PUTIN’S WAR REGIME
In the latest TRACE podcast Leonid Volkov, who spoke at the recent TRACE London Forum, and who is Alexei Navalny’s Chief of Staff and Political Director of the Anti-Corruption Foundation, discusses the role of corruption in Putin’s Russia as well as the impact of sanctions and the toll that rampant corruption is taking on Russia.
https://www.traceinternational.org/resources-podcast
CLAIMS AGAINST CRYPTO EXCHANGES:
1. THE NEXT BATTLEGROUND IN CRYPTO ASSET FRAUD?
On 14 September, the first article in a planned series from Field Fisher looks at the potential legal battlegrounds that could be fought between a defrauded claimant and a crypto exchange, in particular which claims a claimant could make against an exchange and how these might be defended.
2. COULD A QUINCECARE DUTY EVER APPLY?
On 4 October, an article from Field Fisher, the second in a series, examines whether a wallet-holder may have a claim in negligence against an exchange administering that wallet if that customer were defrauded by a mandatary or by a push payment fraud. More specifically, could an exchange be liable for breach of a Quincecare duty of care?
CANADA HAS ADDED 25 PEOPLE AND 9 ENTITIES TO IRAN SANCTIONS IN RESPONSE TO THE DEATH OF MAHSA AMINI
On 5 October, the EU Sanctions blog reported that, following the death of the young woman at the hands of the Morality Police, and those designated include senior Iranian officials, the Morality Police and other prominent entities.
PUTIN’S DIAMOND FIRM OFF THE HOOK IN EU SANCTIONS
On 5 October, EU Observer reported that the EU is giving Russia carte blanche to keep selling diamonds to Antwerp and the rest of Europe. t had been planning to blacklist Russian diamond-mining giant Alrosa, but its name was cut from a list of 29 individuals and seven entities to face an EU ban and asset-freeze.
https://euobserver.com/world/156218
US: CFTC CHARGES DELAWARE PRECIOUS METALS DEALER, DEPOSITORY AND THEIR OWNER WITH ONGOING FRAUD
On 5 October, a release on Mondo Visione reported that the Commodity Futures Trading Commission has announced that it filed a civil enforcement action against a precious metals dealer, Argent Asset Group LLC, and a precious metals depository, First State Depository Company LLC, and their owner, Robert Leroy Higgins, charging them with fraud in connection with a multimillion-dollar precious metals scheme. It is alleged that customers’ precious metals were not securely stored, but instead were misappropriated by the defendants. Moreover, on several occasions, the defendants also misappropriated funds intended to be used to purchase metals.
See also –
CFTC Fraud Advisory: Precious Metals Fraud (and other articles and Advisories)
https://www.cftc.gov/LearnAndProtect/AdvisoriesAndArticles/fraudadv_preciousmetals.html
https://www.cftc.gov/LearnAndProtect/AdvisoriesAndArticles/index.htm
OVERHAUL OF IRISH DATA RETENTION LAWS
On 4 October, McCann Fitzgerald published an article saying that Irish law governing the retention of and access to communications traffic data and location data is inching towards long overdue reform.
ISLE OF MAN: UPDATES OF SANCTIONS LEGISLATION
The Order Paper for the Island’s parliament for the sitting on 16 October carries a number of regulations which update the legislative framework to ensure that it aligns with that in the UK.
https://www.tynwald.org.im/business/opqp/opqp/2022-PP-0126.pdf
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