SECOND EDITION OF THE FCPA RESOURCE GUIDE

fcpa

The DoJ and SEC have jointly published the 2nd Edition of “A Resource Guide to the US Foreign Corrupt Practices Act”, originally published in November 2012. It is designed to provide companies, practitioners, and the public with detailed information about the statutory requirements of the FCPA while also providing insight into DoJ and SEC enforcement practices through hypotheticals, examples of enforcement actions and anonymized declinations, and summaries of applicable case law and DoJ opinion releases.

https://fcpablog.com/wp-content/uploads/2020/07/fcpa-guide-2020_final.pdf

 

 

 

 

 

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UK FREEPORTS: AN OPPORTUNITY FOR BUSINESSES?

A briefing from Dentons on 6 July says that, as the UK Government consultation on freeports post-Brexit closes on 13 July, it sets out the key elements, both by way of reminder of the final opportunity to submit views and a look ahead to proposals that one can expect to follow after the consultation closes.

https://www.dentons.com/en/insights/articles/2020/july/6/uk-freeports-an-opportunity-for-businesses

 

 

 

 

 

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THE CRIME-FRAUD EXCEPTION (CFE) – HOW CAN AN ALLEGATION OF WRONGDOING OVERRIDE LEGAL PROFESSIONAL PRIVILEGE (LPP)?

A blog post from Corker Bining on 5 July posed this question and is concerned with the so-called ‘crime-fraud exception’ (CFE), an example of where LPP is sidestepped by establishing that it never existed in the first place. It says that a recent High Court case is an excellent primer on CFE, not least because it highlights areas in which it may currently be underutilised or misunderstood.

https://www.corkerbinning.com/crime-fraud-iniquity-wrongdoing-legal-professional-privilege/

 

 

 

 

 

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CRIMINALS INFILTRATING AFRICA’S BOOMING MOBILE MONEY INDUSTRY

interpol

A news release from Interpol on 6 July advised that a  new Interpol report has found the billion dollar mobile money industry in Africa is being exploited by organised crime groups – a trend only set to increase as the service is rolled out across the continent – which accounts for nearly half of all registered mobile money accounts globally.. The report presents an overview of the criminal exploitation of mobile money services, including fraud, money laundering, extortion, human trafficking and people smuggling, the illegal wildlife trade and terrorism.  It says that criminals have exploited weaknesses in regulations and identification systems to commit mobile money-enabled crimes. It says that a lack of robust identity checks to verify users combined with a need for greater law enforcement resources and training on mobile money-enabled crimes have created a financial system distinctly vulnerable to criminal infiltration.

https://www.interpol.int/content/download/15457/file/Mobile%20money%20and%20organized%20crime%20in%20Africa.pdf

inerpol 2

 

 

 

 

 

 

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CUSTOMS SEIZE 14 TONNES OF ILLEGAL OZONE-DEPLETING HFC IN ROTTERDAM

Cooling Post on 3 July reported the seizure of 14 tonnes of illegal refrigerants at the port of Rotterdam. The website says that the types of refrigerants seized has not been revealed, but says that photographs indicate the shipment included R410A, R32 and R404A in 1,150 cylinders, all of them illegal non-refillables. The seizure involved a suspicious cargo destined for a consignee in Lithuania that was not registered to receive imports of this nature.

https://www.coolingpost.com/world-news/customs-seize-14-tonnes-of-illegal-hfc-in-rotterdam/

 

 

 

 

 

 

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LICENCES THAT ALLOW ACTIVITY PROHIBITED BY UK FINANCIAL SANCTIONS

On 6 July, HM Treasury and OFSI published information (and application form) for a licence under the Sanctions and Anti-Money Laundering Act 2018.

https://www.gov.uk/government/publications/licences-that-allow-activity-prohibited-by-uk-financial-sanctions

 

 

 

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UK: GLOBAL HUMAN RIGHTS SANCTIONS REGULATIONS 2020

UK: GLOBAL HUMAN RIGHTS SANCTIONS REGULATIONS 2020

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 and enable the Secretary of State (the Foreign secretary) to impose sanctions (in the form of an asset freeze and travel bans) on persons to deter, and provide accountability for, activities which, if carried out by or on behalf of a State, would amount to a serious violation of certain human rights by that State.  In this way they impose so-called “Magnitsky sanctions”.  The Regulations also apply to conduct by UK persons outside the UK, and to conduct by any person in the territorial sea adjacent to the UK. Guidance has been published in relation to the prohibitions and requirements under the Regulations.

http://www.legislation.gov.uk/uksi/2020/680/contents/made

GLOBAL HUMAN RIGHTS SANCTIONS: GUIDANCE

This covers the prohibitions and requirements imposed by the Regulations above, as well as guidance on best practice for –

  • Complying with the prohibitions and requirements
  • Enforcing them
  • Circumstances where they do not apply

This guidance should be read alongside more detailed sanctions guidance published by OFSI.

https://www.gov.uk/government/publications/global-human-rights-sanctions-guidance/global-human-rights-sanctions-guidance

INFORMATION NOTE FOR NGO AND OTHERS INTERESTED IN HUMAN RIGHTS

Also published on 6 July, alongside the new human rights sanctions regulations, this Information Note from the FCO provides further information about what the sanctions regime aims to do and what it covers. It also explains the information needed when the UK Government considers those who may be designated under this regime. A ‘designated person’ is an individual or organisation who has been listed under a sanctions regime and is therefore subject to sanctions measures.

https://www.gov.uk/government/publications/global-human-rights-sanctions-information-note-for-non-government-organisations-and-others-interested-in-human-rights/global-human-rights-sanctions-information-note-for-ngos-and-civil-society

FACTORS IN DESIGNATING PEOPLE INVOLVED IN HUMAN RIGHTS VIOLATIONS

This Policy Paper from the FCO sets out main factors that the UK government considers when deciding whether a person involved in human rights violations may be designated under the Regulations above.

https://www.gov.uk/government/publications/global-human-rights-sanctions-factors-in-designating-people-involved-in-human-rights-violations/global-human-rights-sanctions-consideration-of-targets

HOW THE UK OPERATES GLOBAL HUMAN RIGHTS SANCTIONS

Also on 6 July, alongside the new Regulations and other documents, the FCO published further information on how the UK operates global human rights sanctions under the Sanctions and Anti-Money Laundering Act 2018, with links and contact details.

https://www.gov.uk/government/collections/uk-global-human-rights-sanctions

IMPACT ASSESSMENT OF THE EFFECTS OF THE REGULATIONS

http://www.legislation.gov.uk/ukia/2020/45/pdfs/ukia_20200045_en.pdf

REPORT: OFFENCES UNDER THE REGULATIONS

Also released by the FCO is a report which –

  • sets out the offences created by the Regulations;
  • explains why there are good reasons for the relevant prohibitions or requirements in the Regulations to be enforceable by criminal proceedings; and
  • sets out the maximum terms of imprisonment that apply to those offences and why there are good reasons for those maximum terms.

http://www.legislation.gov.uk/uksi/2020/680/pdfs/uksiod_20200680_en_001.pdf

 

 

 

 

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PODCAST: THE REALITIES AND MYTHS OF FINANCIAL CRIME IN THE ART WORLD

On 6 July, RUSI released its latest podcast in which host Isabella Chase speaks with art compliance consultant Rakhi Talwar, who unveils the realities and myths of financial crime in the art world, and asks whether recent regulations will drive the art market out of Europe.

https://rusi.org/multimedia/season-two-framing-risk

 

 

 

 

 

 

 

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US REACTS TO HONG KONG CHANGES WITH EXPORT CONTROL, SECURITY LAW CHANGES ETC

An article from Baker McKenzie on 4 July reported that the US Administration has taken a series of actions in recent days to tighten US export controls for Hong Kong and to sanction Chinese government officials in response to the decision of the Chinese Communist Party to impose a new national security law for Hong Kong.  The article details the measures adopted by the US.

https://sanctionsnews.bakermckenzie.com/us-suspends-ear-license-exceptions-and-halts-defense-exports-for-hong-kong-imposes-visa-restrictions-in-response-to-chinas-new-national-security-law-for-hong-kong/#page=1

 

 

 

 

 

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PAUL ROUX – FROM PROGRAMMER TO GANGSTER BOSS: GANGSTER BOSS FROM ZIMBABWE SENTENCED TO 25 YEARS IN PRISON IN US

On 6 July, Deutsche Welle carried an article about Paul le Roux.  He was born in Bulawayo, in what was then Rhodesia, and raised in South Africa. By the time of his arrest in a DEA sting in Liberia he was probably the most active online gangster in the world, with his criminal network spanning half the globe. At the heart of his criminal organisation was the online pharmacy network RX Limited, which generated hundreds of millions of euros in revenue annually from the illegal sale of prescription painkillers. He was named in a UN sanctions report about Somalia, and also offered Iran a missile guidance system for sale through a middleman. In the 90s he made a name for himself as the developer of the open-source encryption software E4M. E4M is regarded as the basis of the encryption program Truecrypt but, after a dispute with his former employer, he went underground in 2002.

https://www.dw.com/en/from-programmer-to-gangster-boss-the-unbelievable-story-of-paul-le-roux/a-54047877

 

 

 

 

 

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