Day: January 10, 2023

On 9 January, the US Congressional Research Service published this briefing which provides an overview of federal forfeiture law.  It sketches the origins and general attributes of forfeiture, describes the distribution of the millions of dollars it generates annually, and identifies some of the constitutional issues it raises.  It uses the definition of forfeiture as being the confiscation of property associated with a criminal offense. In a broader sense, forfeiture is the loss of any right—ordinarily a property right — as a consequence of a breach of some legal obligation.

https://crsreports.congress.gov/product/pdf/RL/97-139

A shorter version of the brief is also available –

https://crsreports.congress.gov/product/pdf/RS/RS22005

https://www.buymeacoffee.com/KoIvM842y

On 10 January, a post on Lawfare described the Principles as a “Gentlemen’s’ Agreement”, and which aim to document the range of protections member government already have in place for individuals’ data they access.  Examining the declaration, the post says that it capped an unusual 2-year negotiation among national security and law enforcement officials to capture the “significant commonalities” characterising how “rule-of-law democratic systems” regulate their access to personal data in the possession of private-sector entities such as communications companies.  The post points out that the OECD notes that it is “the first intergovernmental agreement” on the subject. 

https://www.lawfareblog.com/gentlemens-rules-reading-each-others-mail-new-oecd-principles-government-access-personal-data-held

OECD: DECLARATION ON GOVERNMENT ACCESS TO PERSONAL DATA HELD BY PRIVATE SECTOR ENTITIES

https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0487

https://www.buymeacoffee.com/KoIvM842y

On 10 January, Wilmer Hale published a Litigation Alert saying that on 8 December, the ECJ, the EU’s highest court, delivered a landmark ruling clarifying that legal professional privilege (LPP) is protected not only as part of the rights of defence but also under the right to protection of private communications.  Against this background, the alert summarises the current state of play and the ruling main implications for companies doing business in Europe.

https://wilmerhalecommunications.com/e/dekijx64sqr6rq/34d69d11-97de-4c1f-ab9d-fc526c987873

https://www.buymeacoffee.com/KoIvM842y

On 9 January, the Export Control Joint Unit published the response to the Committees on Arms Export Controls (CAEC) joint report ‘Developments in UK Strategic Export Controls’.  This included the response to delays in the online system to replace the SPIRE licensing system.  It also revealed that there are just 5 trained compliance inspectors and is in the process of recruiting an additional 3. On post-shipment verification, the UK Government says that it is aware that an increasing number of governments are introducing some form of post- shipment verification but it has yet to see any clear evidence that they are effective in reducing diversion – and cites significant costs, require additional resource and expertise, and raises legal, diplomatic and practical issues which must be balanced against any perceived benefits.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1127863/first-joint-report-of-the-committees-on-arms-export-controls-session-2022-to-2023-developments-in-uk-strategic-export-controls-response-of-the-secretaries-of-state-for-dit-mod-fcdo.pdf

https://www.buymeacoffee.com/KoIvM842y

On 9 January, after the publication of the follow-up report on the Bahamas, FATF published an updated schedule of all AML/CFT ratings to date.

https://www.fatf-gafi.org/media/fatf/documents/4th-Round-Ratings.pdf

https://www.buymeacoffee.com/KoIvM842y