After the FATF Plenary held this week Panama remains on its grey list…despite apparently having complied with 13 of the 15 action points specified.
21 OCTOBER 2022
SPECIAL BRIEFING – THE BREXIT BONFIRE: THE RETAINED EU LAW (REVOCATION AND REFORM) BILL
On 19 October, Deka Chambers published an article warning that he implications of the Bill’s provisions are as significant as Brexit itself and considers the Bill’s implications for practitioners and places it within its political context.
CLIENT GUIDE TO THE UK CRITICAL MINERALS STRATEGY
On 20 October, HFW published this Guide to the Critical Minerals Strategy, which has the aim of ensuring that the minerals needed for the future of electronics, energy generation, transport, and military operations are extracted responsibly in sufficient quantities and are available through well-functioning and transparent markets.
https://www.hfw.com/downloads/004438-HFW-CLIENT-GUIDE-The-UK-Critical-Minerals-Strategy.pdf
HELPING EU LAWYERS NAVIGATE THE RUSSIAN SANCTIONS’ PACKAGES
In June, the European Lawyers Foundation (ELF) and the Council of Bars and Law Societies of Europe (CCBE) produced this guide based on a webinar held that month. The guide contains information arising from the webinar, including the Powerpoint slides prepared by the speakers, and a section with questions (from the webinar participants) and answers (from the appropriate speakers, in each case representatives of the European Commission).
BEHAVIOURAL INSIGHTS AND ANTI-CORRUPTION
The Basel Institute on Governance has produced a report saying that donors, governments and anti-corruption practitioners seeking alternative tools to address systemic corruption are increasingly turning to behavioural science. It is argued that interventions that target social norms and seek to shift people’s behaviours away from corrupt practices could be more effective and long-lasting than ones that, for example, simply add more regulations and controls – but few large-scale anti-corruption programmes have so far been informed by behavioural insights – in part due to a lack of evidence on where such an approach would be appropriate, what works and what doesn’t. The report sets out to summarise a set of behavioural explanations (i.e. insights and pitfalls) for why some approaches have failed, while others have been effective. The aim is to provide practitioners designing interventions with evidence to help them develop effective programmes and avoid common pitfalls.
STANDARDS TOOLKIT FOR CROSS-BORDER PAPERLESS TRADE
The International Chamber of Commerce has produced this Toolkit and says that while a cross-border transaction involves multiple actors and requires the exchange of 36 documents and 240 copies on average, fewer than 1% of trade documents are fully digitised. The Toolkit includes –
- Foundational Standards and Identifier Standards for all supply chain actors to reduce translation and enable track and trace technologies.
- Standards for Commercial Transactions, including those for “Buy,” “Ship” and “Pay” processes.
- Transport and Logistics Standards for cargo handling, port/airport clearance and real-time shipment tracking.
- Standards for official control documents.
- Interoperable digitalization frameworksthat support the exchange of electronic trade documents
https://iccwbo.org/publication/standards-toolkit-for-cross-border-paperless-trade#section–download
EUROPOL ANNOUNCES CAPTURE OF A “HIGH-VALUE TARGET” WITH ARREST IN TENERIFE OF A SUSPECTED PROLIFIC FRAUDSTER
On 21 October, Infosecurity Magazine reported that a 50-year-old Croatian national had been arrested and is believed to have run a large-scale investment fraud operation which managed to extract at least €5 million from victims.
https://www.infosecurity-magazine.com/news/cops-arrest-suspected/
UK: DEALING IN ITEMS CONTAINING IVORY OR MADE OF IVORY
On 21 October, the Department for International Trade updated its guidance, including inserting a new section on importing and exporting ivory items, and with clarified information under ‘Exemptions for dealing in ivory’. Separately, it provided a list of commodity codes that fall under the ban on dealing in ivory.
ADDRESSING THE LINKAGES BETWEEN ILLICIT ARMS, ORGANIZED CRIME AND ARMED CONFLICT
This report from the UN Office on Drugs and Crime says that illicit arms and ammunition clearly link conflict to crime as well as crime to conflict. Illicit arms can both enable and fuel an armed conflict, while different conflict phases provide opportunities for the diversion of arms and a potentially lucrative income source for organized arms trafficking networks. It says that researchers and practitioners have examined the nexus between 2 of these 3 security challenges: armed conflict, organised crime, and illicit arms. Yet, there has been limited research examining the linkages between all 3 of these security challenges. In response to this knowledge gap, this issue brief explores the different ways in which illicit arms connect armed conflict and organised crime and provides suggestions on how to better address these interconnected challenges. This brief may further inform practitioners and policymakers by framing the conversation for future decision-making and research.
7 MYTHS ABOUT THE ‘HISTORIC’ ISRAEL-LEBANON MARITIME BORDER AGREEMENT
On 21 October, an article from Eurasia Review argues that while commentators in the US and Israel have hailed the agreement on the maritime border between Israel and Lebanon, which the Biden administration recently brokered, as a great success, a close examination of the agreement simply does not support this view.
COLOMBIA SEES HISTORIC LEVELS OF COCA CULTIVATION AND COCAINE PRODUCTION
On 20 October, Insight Crime reported that Colombia has reached its highest-ever levels of coca production and potential cocaine production according to a new UN report, which pointed to the profitability of coca crops and greater agricultural efficiency as being partially responsible.
https://insightcrime.org/news/colombia-hits-historic-levels-cocaine-cultivation-production-unodc/
EPISCOPAL CHURCH EMBROILED IN ARMS TRAFFICKING ACCUSATIONS IN HAITI
On 20 October, Insight Crime reported that an arms trafficking scandal involving the Episcopal Church has highlighted the privileged customs statuses that religious and NGO enjoy in Haiti, which may offer arms traffickers a route to bring high-powered weapons into the country. It refers to a report on arms trafficking accusations for which 3 church officials and other individuals have so far been arrested.
https://insightcrime.org/news/episcopal-church-embroiled-arms-trafficking-haiti/
NETHERLANDS TRUST REGISTER IN FORCE FROM NOVEMBER
On 20 October, STEP reported that, from 1 November, trustees of existing trusts and similar legal arrangements with a Dutch connection will have 3 months to register the trusts on the Dutch trust register, along with their beneficial owners.
https://www.step.org/industry-news/netherlands-trust-register-force-november-2022
“USED CAR KING OF NEW YORK” PLEADS GUILTY IN NATIONWIDE SCHEME TO SELL THOUSANDS OF FRAUDULENT TEXAS VEHICLE TAGS
A news release from US DoJ on 18 October announced that a 51-year-old man who advertised himself as the “Used Car King of New York” has admitted to conspiring to commit wire fraud. Octavian Ocasio and co-conspirators used the internet to buy and sell the fraudulent state-issued buyer tags and exchange proceeds from the illegal tag sales.
UK: LOCAL COUNCIL HAS BEEN ORDERED TO REVEAL EXACTLY HOW IT BORROWED AND INVESTED £1 BILLION OF TAXPAYERS’ MONEY
On 19 October, the Bureau of Investigative Journalists reported that Thurrock Council has been ordered to reveal exactly how it borrowed and invested the money in a tribunal ruling that could have major implications for the financial transparency of public bodies across the UK. The decision comes after a 3-year battle by the council to maintain secrecy over a series of deals that could cost the public purse hundreds of millions of pounds.
WHAT IS INDONESIA’S PROPOSED TIN EXPORT BAN ABOUT?
On 21 October, Insurance Marine News reported that Indonesia, the world’s biggest exporter of refined tin, is planning to ban exports of the metal to attract investment in processing it domestically, although the government said the timing had yet to be decided. It plans to ban the export of tin ingots to encourage investors to set up productions facilities and develop its industries to process tin into other products at home, a government official said. It has a similar policy for nickel ore.
https://www.hellenicshippingnews.com/what-is-indonesias-proposed-tin-export-ban-about/
BLACK SEA GRAIN INITIATIVE OFFERS HOPE, SHOWS POWER OF TRADE
On 20 October, a report from the UN Conference on Trade & Development underlines why it’s critical to renew the initiative next month. Without the initiative, there is little hope for providing food security, especially in developing and least developed countries. Under the UN-led initiative, three seaports have been reopened – Odesa, Chornomorsk, Pivdennyi/Yuzhny. As a result, the number of port calls has increased and more importantly, the volumes carried have risen significantly. Weekly tonnage of grain shipped under the initiative reached 1.2 million tons by September. This is still below 2021 levels, but the gap is closing.
INDIA: 7 PROPERTIES OF POLITICIAN MUKHTAR ANSARI ATTACHED IN MONEY LAUNDERING CASE
On 21 October, NDTV reported that the Enforcement Directorate (ED) said it has attached 7 immovable assets of “gangster-turned-politician” Mukhtar Ansari as part of a money laundering investigation against him and his family.
ISLE OF MAN: RUSSIA SANCTIONS NEW NAMES AND 1 AMENDMENT
On 21 October, the Isle of Man followed the UK in announcing that 3 individuals andSHAHED AVIATION INDUSTRIES in connection with the supply and use of Iranian UAV in Ukraine. 1 existing entry was also amended.
https://www.gov.im/news/2022/oct/21/financial-sanctions-russia/
HIDING IN PLAIN SIGHT – NOT ALL SHIPPING THAT TRANSMITS IS LEGIT
On 21 October, Windward produced a short article saying that deceptive shipping practices have existed since the beginning of commercial shipping. Way back in the 17th Century. However, modern shipping does not just use “going dark” (turning off AIS), and the article explains some of these.
https://windward.ai/content/hiding-in-plain-sight-not-all-that-transmit-are-legit
THE 50 MINERALS CRITICAL TO US SECURITY
The Visual Capitalist produced an article and infographic about the list produced in February.
https://elements.visualcapitalist.com/the-50-minerals-critical-to-u-s-security-2/
In August 2021, the webite published –
VISUALISING THE CRITICAL METALS IN A SMARTPHONE
https://elements.visualcapitalist.com/critical-metals-in-a-smartphone
And, in January –
VISUALISING CHINA’S DOMINANCE IN CLEAN ENERGY METALS
https://www.visualcapitalist.com/chinas-dominance-in-clean-energy-metals
ALL THE METALS MINED IN 2021 IN ONE VISUALISATION
https://elements.visualcapitalist.com/all-the-metals-mined-in-2021
US VENEZUELA POLICY: MOVING BEYOND SANCTIONS
The Wilson Center has published this report after the US and Venezuela exchanged 7 US citizens unjustly imprisoned in Venezuela for 2 of Nicolás Maduro’s nephews serving prison sentences in the US for drug trafficking. That swap, and advanced negotiations over cooperation in the energy sector, have raised expectations of a change in US Venezuela policy that could eventually lead to the rebuilding of Venezuela’s democratic institutions. Nevertheless, the report concludes that it is not clear whether the US will continue reengaging with the Venezuelan regime to promote political negotiations, given strong opposition in the US Congress.
US ATTORNEY GENERAL COALITION WANTS FENTANYL LABELLED AS WMD
On 23 September, Kentucky Today said that fentanyl is a deadly synthetic opioid. According to the Center for Disease Control and Prevention’s latest report, more than 75,000 Americans died from overdose of synthetic opioids, mainly fentanyl, in the 12-month period ending in February 2022. Now 18 attorneys general are urging President Joe Biden to classify the drug fentanyl as a Weapon of Mass Destruction (WMD).
EU: LAWMAKERS TO START WORK ON ANTI-SLAPP, STAKEHOLDERS WARN JUST ‘FIRST STEP’
On 21 October, EurActiv reported that the EU Commission’s anti-SLAPP Directive is a necessary starting point but will not be enough on its own to comprehensively tackle the issue of abusive litigation, a key lawmaker working on the file has said. SLAPP are Strategic Lawsuits Against Public Participation.
PROJECT AURUM: A PROTOTYPE FOR 2-TIER CENTRAL BANK DIGITAL CURRENCY (CBDC)
On 21 October, a release on Mondo Visione advised that Project Aurum is a collaboration between the BIS Innovation Hub Hong Kong Centre, the Hong Kong Monetary Authority, and the Hong Kong Applied Science and Technology Research Institute. The aim was to bring to life 2 very different types of tokens: intermediated CBDC and stablecoins backed by CBDC in the interbank system. The latter is unique in the study of CBDC to date. Privacy, safety and flexibility said to be core to the system.
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