OTHER THINGS YOU MAY HAVE MISSED – NOVEMBER 14

Panama is hosting a CITES Convention conference from today. The opening speech emphasised that habitat loss, global warming and the overexploitation of natural resources are the main problems facing the world. these are all problems facing Panama, which has a extremely rich natural mix, especially given the size of the country. during the conference Panama will propose the inclusion for protection of 19 endangered and critically endangered shark species – of particularly relevance given recent reports of Chinese illegal fishing using the Panama flag.

In other news, 59,000 irregular migrants are said to crossed into Panama through the dangerous Darién in October, the number being said to include 10,000 minors. This is the highest monthly totals so far this year (and this as the height of the rainy season arrives – which must be awful in the Darién, with little or no roads etc).

14 NOVEMBER 2022

UK: LAW COMMISSION RECOMMENDATIONS FOR CONFISCATION REFORM: IS THERE THE WILL TO FIND A WAY?

An article from Kingsley Napley on 10 November asked this question in the light of a final report and recommendations for the reform of Part 2 of the Proceeds of Crime Act 2002: the post-conviction confiscation regime.  It concludes by saying that the Law Commission expects a draft Bill to be tabled sometime in 2023.  Although reforms are long overdue in this area, a confiscation regime is only as good as the agencies and individuals enforcing it, and the ability to enforce effectively does not come cheap.  It can only be hoped that this point will be given due consideration in the Bill.

https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/law-commission-recommendations-for-confiscation-reform-is-there-the-will-to-find-a-way#page=1

NEW GIBRALTAR GAMBLING ACT: KEY CHANGES AND IMPLICATIONS ON THE GAMING SECTOR

On 10 November, an article from Hassans was concerned with the draft Bill for the new Gambling Act following the end of a public consultation period on 30 November.  The Bill proposes revised licence fees and a new Gambling Operator Support Services Licence (GOSS Licence), intended to cover Gibraltar companies providing gambling-related activities such as marketing, promotion and affiliate business. 

https://views.gibraltarlaw.com/post/102i120/new-gibraltar-gambling-act-key-changes-and-implications-on-the-gaming-sector

ONLINE SEMINAR: NORTH AFRICA – AXIS FOR GLOBAL CIGARETTE TRAFFICKING

On 23 November, ENACT Africa is to host an online seminar concerned with North Africa as a transit, destination and consumer hub for cigarette trafficking by local organised criminal groups and those from the Sahel, the Gulf and the Balkans.  This event profiles new research into the lucrative trade, its many illegal flows and North Africa’s pivotal role in global networks.

https://issafrica.zoom.us/meeting/register/tZEkdOmtrDgtE9dgJh1EAjBNnp5r34-UFuVS

SWEDEN-BOUND COCAINE SEIZED IN PANAMA

On 13 November, Newsroom Panama reported that authorities had seized 919 packages of cocaine inside a container that was located at a port terminal, and had Stockholm, Sweden as its destination port.  Public security forces in Panama have seized more than 100 tons of drugs this year, a record figure for the last 20 years, according to data from the Ministry of Security.

https://www.newsroompanama.com/news/919-sweden-bound-cocaine-packets-seized-in-panama-1

CHINA: THE NUMBER OF MONEY LAUNDERING CASES PROSECUTED NATIONWIDE HAS INCREASED RAPIDLY SINCE 2020

On 14 November, China Daily reported that newly released data shows that 1,462 people were prosecuted for money laundering between January and September this year, a year-on-year increase of 142.5%.  it was also reported that, to consolidate AML efforts, 11 departments including the Supreme People’s Procuratorate, the People’s Bank of China and the Ministry of Public Security formulated and implemented a 3-year action plan on combating money laundering between 2022 and 2024 in January of this year.

https://www.chinadaily.com.cn/a/202211/14/WS63717c8ea31049175432967b.html

MONEY LAUNDERING ADVISORY NOTICE: HIGH RISK THIRD COUNTRIES

On 14 November, HM Treasury had updated its advice about risks posed by jurisdictions with unsatisfactory money laundering and terrorist financing controls, in the light of revisions to the FATF lists.

https://www.gov.uk/government/publications/money-laundering-advisory-notice-high-risk-third-countries–2

https://www.legislation.gov.uk/uksi/2022/1183/contents/made

UK DEFERS REPLACING CE MARKING FOR ANOTHER 2 YEARS

On 14 November, news releases from the Department for Business, Energy and Industrial Strategy advised that the UK was to continue to recognise the CE product marking in Great Britain for a further 2 years, allowing business to use either UKCA or CE markings, until 31 December 2024.  The much-criticised move to introduce UK Conformity Assessed (UKCA) marking in place of the far more widely (and internally) accepted was a consequence of Brexit.

https://www.gov.uk/government/news/businesses-to-be-given-uk-product-marking-flexibility

https://www.gov.uk/guidance/ce-marking

THE SOCIETAL IMPACT OF RANSOMWARE

On 14 November, a Commentary from RUSI says that while ransomware is the most significant cyber threat facing society today, much is still unknown about its impact on our economy, society and citizens. If we are to design effective responses to this threat, it says, we need to appreciate the full range of harms that it causes to victims and society. It argues that ransomware causes downstream harm to the health, development and quality of life of individuals affected by it; the cost of recovering from ransomware attacks diverts resources from other priorities; and that attacks against public services may also undermine citizens’ trust in the state. If the security of public services and data is perceived to be in doubt, people may lose confidence in the ability of law enforcement and the government to protect them.

https://rusi.org/explore-our-research/publications/commentary/beyond-bottom-line-societal-impact-ransomware

US: SUPREME COURT TO ADDRESS PREEMPTIVE LAWSUITS AGAINST FINANCIAL REGULATORS

On 11 November, an article from Stroock & Stroock & Lavan LLP said that the Supreme Court has heard arguments in 2 cases addressing when targets of enforcement actions can pre-empt agencies in federal court.  It warns that the Court appears prepared to recognise an expansive right to challenge the legality of a potential enforcement action.

https://www.jdsupra.com/legalnews/supreme-court-to-address-preemptive-5378899/

IN ROME AND CATANIA, ITALY CONTINUES STRUGGLE AGAINST MAFIA GROUPS

On 11 November, OCCRP reported that Italian authorities have arrested dozens of suspects and confiscated millions in assets as they stepped-up operations against mafia-like groups in the country.

https://www.occrp.org/en/daily/17022-in-rome-and-catania-italy-continues-struggle-against-mafia-groups

AUSTRALIA: FORMATION OF A MULTI-AGENCY TASK FORCE TO COMBAT CYBER CRIME

On 12 November, Jurist reported that the Joint Standing Operation (JSO) will be a task force that will merge the efforts of the Australian Federal Police (AFP) and the Australian Signals Directorate (ASD), an agency of the Defense Department.

https://www.jurist.org/news/2022/11/australia-forms-multi-agency-task-force-to-combat-cyber-crime/

A report from the Australian Cyber Security Centre earlier this month stated that cyber crime rose 13% in Australia from July 2021 and July 2022.

https://www.jurist.org/news/2022/11/cybercrime-in-australia-increased-by-13-since-last-financial-year-reports-cyber-security-centre/

UK: DRAFT BILL PROPOSES FOREIGN INFLUENCE REGISTRATION SCHEME

On 14 November, an article from Eversheds Sutherland was concerned with new legislation to be included via an amendment to the draft National Security Bill, compelling those acting for foreign powers or entities to declare any political influence activities by way of a Foreign Influence Registration Scheme (FIRS), and criminalising those who fail to do so.  It will take the form of a public register available on a Government website for political influence activities, and will comprise 2 tiers, the “Primary Tier” and the “Enhanced Tier”. 

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en/Financial-services-and-dispute-investigation/Protecting_your_interests

LAOS – AML/CFT MUTUAL EVALUATION

On 14 November, FATF-style regional body APG has reported that the first APG mutual evaluation onsite visit since the start of the COVID-19 pandemic has taken place with the on-site visit for the country’s second APG Mutual Evaluation, held from 12 to 23 September in Vientiane.  The mutual evaluation report will be considered for adoption at the next APG Annual Meeting in July 2023.

http://www.apgml.org/news/details.aspx?pcPage=1&n=4191

THE ONLINE ILLEGAL TRADE IN HIGHLY ENDANGERED PARROTS IN INDONESIA

On 11 November, a report from the Global Initiative Against Transnational Organised Crime says that the illegal bird trade in Indonesia is a long-standing problem involving organized networks that buy trapped birds and transport them to buyers in Indonesian cities and abroad, despite strong legal protections for species.  This places unsustainable pressure on the country’s endemic bird population and undermines the rule of law. The 5 bird species selected for the study are the endemic Tanimbar corella, the palm cockatoo, the salmon-crested cockatoo and the yellow-crested cockatoo – all of which are listed in Appendix I of CITES.

https://globalinitiative.net/wp-content/uploads/2022/11/MMFU-Indonesia-birds-web.pdf

DRUG TRAFFICKING ON THE RISE IN GERMANY

On 11 November, TRT World carried a report saying that almost 56,000 drug trafficking offences were registered last year, which corresponds to a rise of 2.9% compared to the previous year.

https://www.trtworld.com/europe/drug-trafficking-on-the-rise-in-germany-62436

MACAU UNDER SPOTLIGHT AMID US INSPECTIONS OF CHINA-BASED AUDITS

On 13 November, the Wall Street Journal reported that a recent agreement between the US and China allowing US accounting regulators to inspect China-based audits is raising questions about the role of unregistered auditors in the Chinese gambling enclave of Macau, where several US-listed casino businesses operate. 

https://www.wsj.com/articles/macau-under-spotlight-amid-u-s-inspections-of-china-based-audits-11668202959

FROM OPIUM TO CRYPTOCURRENCY, NORTH KOREA MANOEUVRES TO EARN HARD CASH FOR NUCLEAR PROGRAM

On 13 November, the Korea Times said that North Korea has launched various missiles, including ICBM, 35 times this year alone, which analysts say could have cost the nation as much as $10 million each.  The North’s escalation of tensions has raised a burning question among observers: How can the cash-strapped nation finance and sustain its WMD program?  It says that DPRK has set its sights on stealing cryptocurrencies, which are used to fund the development of its WMD, and that the North Korean regime had long relied on a variety of illicit activities, ranging from producing and distributing opium and smuggling cigarettes to counterfeiting US $100 banknotes, dubbed “superdollars”.  But as sanctions closed financial channels, the country pivoted to bolstering sophisticated cyber capabilities, thereby generating revenue in ways that are hard to trace and subject to less governmental oversight and regulation.

http://www.koreatimes.co.kr/www/nation/2022/11/103_339651.html

https://www.statista.com/chart/28721/cryptocurrency-exchanges-with-the-highest-trading-volume-year-to-date

ISLE OF MAN SANCTIONS UPDATE – MYANMAR, NORTH KOREA, RUSSIA AND GLOBAL HUMAN RIGHTS

On 14 November, the Isle of Man issued 4 separate news releases advising of changes to sanctions lists etc.  There are amendments/updates

https://www.gov.im/news/2022/nov/14/financial-sanctions-myanmar/

https://www.gov.im/news/2022/nov/14/financial-sanctions-global-human-rights/

https://www.gov.im/news/2022/nov/14/financial-sanctions-democratic-peoples-republic-of-korea/

https://www.gov.im/news/2022/nov/14/financial-sanctions-russia/

UN CONCERNED ABOUT HUMAN RIGHTS VIOLATIONS BY PRIVATE MILITARY SECURITY COMPANIES

On 14 November, Defence Web reported that a UN report says that a growing reliance on private contractors to protect vessels, commercial shipping, offshore platforms, ports, and other maritime infrastructure has exposed human rights violations perpetrated by private military and security companies, mercenaries and others.

https://www.defenceweb.co.za/security/human-security/un-concerned-about-human-rights-violations-by-private-military-security-companies/

https://www.buymeacoffee.com/KoIvM842y

SHADOW DIPLOMATS – HONORARY CONSULS INCLUDE CRIMINALS AND OTHERS ACCUSED OF EXPLOITING THE POSITION

On 14 November, ICIJ announced a new investigation called “Shadow Diplomats”, which warns that corrupt, violent and dangerous appointees, including those accused of aiding terrorist regimes, have turned a system meant to leverage the generosity of honourable citizens into a perilous form of rogue diplomacy that threatens the rule of law around the world.  Honorary consuls were guaranteed by a UN Convention the “freedom of movement and travel” in the countries where they served.  They can communicate without restraint, their consulate records and correspondence protected from searches and their offices protected from “any intrusion … or impairment of … dignity”.  They received legal immunity in matters involving their work, although immunity was not extended to unconnected offences, the treaty stipulated that honorary consuls would be entitled to criminal proceedings “with the minimum of delay” and “the respect due … by reason of his official position”.  The report also says that (honest) honorary consuls say they do valuable work for little or no pay and want to rid the system of abuse.  ICIJ also names 14 consuls said to be embroiled in controversy. 

https://www.icij.org/investigations/shadow-diplomats/accused-terror-financiers-arms-drug-traffickers/

https://www.icij.org/investigations/shadow-diplomats/controversial-honorary-consuls-profiles/

https://www.buymeacoffee.com/KoIvM842y

EU ADDS 2 INDIVIDUALS AND 2 ENTITIES TO THE RUSSIA SANCTIONS LIST FOR INVOLVEMENT IN THE DEVELOPMENT AND DELIVERY OF UAV 

EU Regulation 2022/2229/EU of 14 November added 2 individuals and 2 entities to sanctions lists for being involved in the development and delivery of Unmanned Aerial Vehicles to Russia.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0009.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0040.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://www.buymeacoffee.com/KoIvM842y

EU DESIGNATES 29 INDIVIDUALS AND 3 ENTITIES RELATING TO THE DEATH OF MAHSA AMINI AND THE VIOLENT RESPONSE TO THE RECENT DEMONSTRATIONS IN IRAN

EU Regulations 2022/2231/EU and 2022/2231/EU on 14 November made a number of changes to the Iran sanctions lists.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0016.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0043.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0013.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0046.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://www.buymeacoffee.com/KoIvM842y

EU DESIGNATES 10 INDIVIDUALS AND 1 ENTITY LINKED TO THE POISONING OF ALEXEI NAVALNY, AND THE PRODUCTION OF CHEMICAL WEAPONS DELIVERY SYSTEMS IN SYRIA

EU Regulation 2022/2228/EU of 14 November added new names, including MHD Nazier Houranieh & Sons Co of Damascus, Syria to sanctions imposed pursuant to EU Regulation 2018/1542/EU.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0001.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.LI.2022.293.01.0032.01.ENG&toc=OJ%3AL%3A2022%3A293I%3ATOC

 

https://www.buymeacoffee.com/KoIvM842y

UK RUSSIA SANCTIONS: OFSI OIL PRICE CAP UPDATE

On 14 November, OFSI published a post about the comprehensive sanctions on Russia’s most lucrative export: crude oil and refined oil products.  The aim of introducing a price cap, the level of which will be determined by coalition countries, is to reduce Russian oil revenues and Russia´s ability to fund its illegal war in Ukraine through inflated global oil prices, whilst enabling oil to continue to flow to the third countries that need it.  The maritime services ban and its price cap exception for crude oil will come into effect from 5 December, with the equivalent restrictions and exception for refined oil products coming into force from 5 February.

HM Treasury has also issued Guidance on the restrictions.

https://ofsi.blog.gov.uk/2022/11/14/oil-price-cap-update/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1117318/UK_Maritime_Services_Prohibition_and_Oil_Price_Cap_Guidance__November_2022_.pdf

 

https://www.buymeacoffee.com/KoIvM842y

OFAC RUSSIA SANCTIONS GENERAL LICENSE – CIVIL AVIATION SAFETY

On 14 November, OFAC issued General License 40C allowing transactions that would otherwise be prohibited, if for an aircraft registered in a jurisdiction solely outside of the Russian Federation, and for goods, technology, or services that are provided, exported, or reexported are for use on aircraft operated solely for civil aviation purposes.

https://home.treasury.gov/system/files/126/russia_gl40c.pdf

 

https://www.buymeacoffee.com/KoIvM842y

OFAC DESIGNATES GLOBAL RUSSIAN MILITARY SUPPLY CHAIN, KREMLIN-LINKED NETWORKS, AND ELITES WITH WESTERN FORTUNES

On 14 November, OFAC announced that it had sanctioned a transnational network procuring technology that supports the Russian military-industrial complex. OFAC also designated a global network of financial facilitators, enablers, and others associated with 2 key Kremlin-linked elites whose fortunes are intertwined with the West.  In total, the actions designated 14 individuals and 28 entities, and identified 8 aircraft as blocked property.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20221114

https://home.treasury.gov/news/press-releases/jy1102

 

https://www.buymeacoffee.com/KoIvM842y

UK ADDS 24 NAMES TO IRAN HUMAN RIGHTS SANCTIONS LIST

On 14 November, a Notice from HM Treasury advised that 24 entries have been added to the consolidated list and are now subject to an asset freeze.  Those listed are said to have been involved in the suppression following recent protests in Iran.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1117167/Notice_Iran__Human_Rights__141122.pdf

 

https://www.buymeacoffee.com/KoIvM842y

REVISED OVERVIEW OF ANTI-CORRUPTION COMPLIANCE STANDARDS AND GUIDELINES

The International Anti-Corruption Academy has published a second revised edition of its Overview of Anti-Corruption Compliance Standards and Guidelines.

https://www.iaca.int/media/attachments/2022/08/01/overview-of-anti-corruption-compliance-standards-and-guidelines-practical-tool-2nd-edition_with_covers.pdf

 

https://www.buymeacoffee.com/KoIvM842y