THINGS WHAT YOU MAY HAVE MISSED – DECEMBER 24

24 DECEMBER 2022

JAPANESE INSURERS TO HALT SHIP INSURANCE FOR ALL OF RUSSIA

On 24 December, Nikkei Asia reported that, from 1 January, major Japanese insurers will stop insuring ships for war damage in Russian waters.  The move was prompted by overseas reinsurance companies refusing to take on Russia-related risks following the invasion of Ukraine.

https://asia.nikkei.com/Politics/Ukraine-war/Japanese-insurers-to-halt-ship-insurance-for-all-of-Russia

CHARGES DROPPED AGAINST ISRAELI DIAMOND TYCOON SUSPECTED OF MONEY LAUNDERING

On 23 December, the Times of Israel reported that Israeli authorities have dropped all criminal charges against Beny Steinmetz, a French-Israeli billionaire suspected of money laundering, and instead agreed to a financial settlement.

https://www.timesofisrael.com/charges-dropped-against-israeli-diamond-tycoon-suspected-of-money-laundering/

TRANSPORTING GOODS BETWEEN GREAT BRITAIN AND THE EU BY RORO FREIGHT: GUIDANCE FOR HAULIERS

On 24 December, the Department for Transport published an updated version of this guidance which perhaps underlines the added complications added to UK imports/exports by Brexit…

https://www.gov.uk/guidance/transporting-goods-between-great-britain-and-the-eu-by-roro-freight-guidance-for-hauliers

UK: EXPORT CONTROL COMPLIANCE CODE OF PRACTICE

On 23 December, the Department for International Trade published an updated version of this guidance for exporters of controlled items on how to develop compliance procedures, pass licence audits and meet licence obligations.

https://www.gov.uk/government/publications/export-control-compliance-code-of-practice

GAMBIA: GOVERNMENT SAYS IT HAS FOILED AN ATTEMPTED COUP BY SOLDIERS WITHIN THE GAMBIAN ARMY

On 23 December, Jurist reported that the Gambia Armed Forces have arrested 4 soldiers involved in the attempt to overthrow democratically elected President Adama Barrow.

https://www.jurist.org/news/2022/12/the-gambia-authorities-arrest-four-soldiers-amid-failed-military-coup/

https://cen.acs.org/physical-chemistry/astrochemistry/Periodic-Graphics-Fuels-space-travel/100/i43

SCAMMERS USING GOOGLE ADS, STOLEN BLOG ARTICLES, AND A “POPUNDER” AD SCHEME ON ADULT WEBSITES PULLED IN MORE THAN $275,000 A MONTH BY GENERATING MILLIONS OF AD IMPRESSIONS EVERY MONTH

On 22 December, The Register reported that researchers at cybersecurity vendor Malwarebytes say that the fraudsters were able to use people visiting high-traffic adult websites to generate the ad impressions and money even if those individuals never saw any of the ads.  It says that Malwarebytes notified Google about the fraudulent ad campaign, which the search giant has since shut down.

https://www.theregister.com/2022/12/22/google_ad_popunder_scam/

UK: CONFISCATION REFERRED BACK TO COURT AFTER CONFUSION WHO RECEIVED BENEFIT – THE PERSON OR THE COMPANY

In this Court of Appeal decision from 2 December, although the offences were committed by the appellant personally, it was his company that directly derived the benefit from them; the confiscation order made by consent was set aside and the case was remitted to the Crown Court for the appellant’s benefit to be re-assessed.  The case is said to provide a very extensive review of the law on piercing the corporate veil in the context of confiscation proceedings and emphasises the importance of respecting the separate legal personality of a company.

https://www.linkedin.com/posts/edmonds-marshall-mcmahon_r-v-miller-2022-ewca-crim-1589-activity-7008779941555097601-Hg-H

https://www.judiciary.uk/judgments/r-v-miller/

AUTHORISED PUSH PAYMENT (APP) FRAUD – UK SUPREME COURT GRANTS PERMISSION TO APPEAL A JUDGMENT ON QUINCECARE DUTY

On 23 December, law firm Morton Fraser reported that the Court had granted the right to appeal the decision in Philipp v Barclays Bank UK plc.  In that case, the Court of Appeal decision had the effect of widening the scope of then the duty of care might apply, and it should not be limited by concerns that its imposition might be unduly onerous on the bank or the banking system.

https://www.morton-fraser.com/insights/authorised-push-payment-app-fraud-supreme-court-grants-permission-appeal-philipp-v

GUIDANCE FOR ORGANISATIONS ON PHISHING AND SOCIAL ENGINEERING ATTACKS

The Irish data protection commission has issued this guidance which aims to assist controllers in avoiding, and training their staff to avoid, risks to the security and integrity of the personal data they process, through tips on how to spot such attacks, suggested approaches to mitigating the risk of such attacks, and recommendations on how to increase organisational security against these types of attacks.

https://www.dataprotection.ie/sites/default/files/uploads/2020-04/Guidance_for_Organisations_on_Phishing_and_Social_Engineering_Attacks_Oct19.pdf

HAITI (PEACE AND SECURITY) SANCTIONS REGIME COMES INTO EFFECT IN JERSEY ON 28 DECEMBER

On 23 December, the Jersey FSC reminded one that the new sanctions regime comes into operation on 28 December.  Legislation adds the UK Haiti sanctions regulations to the list of IK law applied in the island.

https://www.jerseyfsc.org/news-and-events/haiti-peace-and-security-sanctions-regime-comes-into-effect-in-jersey-on-28-december-2022/

JERSEY: AML/CFT HANDBOOK AMENDMENT INCLUDES REFERENCE TO PROLIFERATION FINANCING

On 23 December, the Jersey FSC advised of amendments to the handbook, and that countering proliferation financing now clearly referenced.

https://www.jerseyfsc.org/news-and-events/amendments-to-the-amlcft-handbook-addition-of-reference-to-proliferation-financing-explanatory-graphics-and-more/

JERSEY: SANCTIONS PAGES UPDATED RE RUSSIA AND BELARUS AND TERRORIST FINANCING

On 20 December, the Jersey FSC advised of changes to sanctions information and guidance available on its website, including mention of a new licence to permit the payment of legal fees owed by individuals and entities designated under either the Russia and Belarus sanctions regimes.

https://www.jerseyfsc.org/news-and-events/update-to-our-sanctions-webpages-russian-and-belarusian-sanctions-tfs-pf-tfs-tf-sanctions/

https://www.buymeacoffee.com/KoIvM842y

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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