Canada Repeals Facilitation Payments Exception

     On October 30, 2017 the Government of Canada announced the facilitation payments exception, contained within the Corruption of Foreign Public Officials Act (CFPOA), has now been removed.  Bill S-14 repealed the exception and went into force on October 31, 2017.

     The CFPOA defined facilitation payments as follows:

  • "For the purpose of subsection (1), a payment is not a loan, reward, advantage or benefit to obtain or retain an advantage in the course of business, if it is made to expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions, including:
    • the issuance of a permit, licence or other document to qualify a person to do business;

    • the processing of official documents, such as visas and work permits;

    • the provision of services normally offered to the public, such as mail pick-up and delivery, telecommunication services and power and water supply; and

    • the provision of services normally provided as required, such as police protection, loading and unloading of cargo, the protection of perishable products or commodities from deterioration or the scheduling of inspections related to contract performance or transit of goods."

     Contact GCSG professionals at info@globalcompliancesg.com with any questions or for more information on how we can assist you with your compliance program.  Visit our website at http://www.globalcompliancesg.com to learn more about our products and services.   

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Sudan Sanctions Revoked

     On January 13, 2017 the US President issued Executive Order (E.O.) 13761 (further amended by E.O. 13804 on July 11, 2017) providing for the revocation of certain Sudan-related sanctions.  The action was taken in recognition of the positive actions taken by the government of Sudan.  Following the initial E.O., on October 6, 2017, the US Government officially revoked economic sanctions on the Government of Sudan under E.O.'s 13067 and 13412

     The revocation of certain sanctions indicates the Government of Sudan has continued to make strides in reducing conflict areas in Sudan, improving humanitarian access, and in cooperating with the US Government with regional conflicts and terrorism.

What changed?

  • Effective October 12, 2017 sections 1 and 2 of E.O. 13067 and all of E.O. 13412 were revoked.  Sections 1 and 2 blocked property of the government of Sudan and prohibited U.S. persons from engaging in transactions with Sudan and the government of Sudan.  The revocation of these provisions will allow U.S. persons to engage in transactions that were previously prohibited under the Sudanese Sanctions Regulations (SSR), 31 CFR 538.
  • Effective October 12, 2017, General License A authorizes exports and re-exports of certain agricultural commodities, medicine, and medical devices still controlled as a result of Sudan remaining on the State Sponsors of Terrorism List (SST List

What hasn't changed? 

  • The national emergency declared under E.O. 13067 remains in effect in regards to Sudan.
  • The OFAC sanction related to the Darfur conflict imposed under E.O. 13400 remains in effect.
  • OFAC designations of any Sudanese persons under E.O. 13067 and 13412 remain in effect
  • Sudan remains on the SST List; and as a result some agricultural, medicinal, and medical device exports and re-exports to Sudan still require an OFAC license (see General License A comment above).   
  • US persons and non-US persons will still need to obtain Department of Commerce Bureau of Industry and Security (BIS) licenses to export or re-export certain items such as commodities, software, and technology that are on the Commerce Control List (CCL), Supplement No. 1 to part 774 of the Export Administration Regulation (EAR), 15 CFR parts 730-774 or that require a license due to end-use or end-user concerns, 15 CFR 744. 

     Contact GCSG experts at info@globalcompliancesg.com with any questions or for more information on how we can assist you with your compliance program.  Visit our website at http://www.globalcompliancesg.com to learn more about our products and services. 

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Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Mexico prosecutor investigating former Pemex CEO is fired | WSJ

"Mexico’s top election-corruption prosecutor was fired Friday while investigating whether bribes allegedly received by a former head of the state oil firm were used to finance the campaign of President Enrique Peña Nieto." (Click here for the article) - Mexico, Brazil, USA

3 fined in F.H. Bertling bribery case | WSJ

"Three former employees of the freight-forwarding company F.H. Bertling Ltd. will pay fines but avoid prison time for conspiring to make corrupt payments to win a $20 million contract in Angola.  A London court sentenced Joerg Bluemberg, Dirk Juergensen and Marc Schweiger to 20 months in prison, but suspended those sentences for two years. Each man was fined 20,000 pounds ($26,300) and barred from serving as a company director for five years, according to the U.K. Serious Fraud Office." (Click here for the article) - UK, Africa, Germany

Airbus corruption scandal: 80 million Euro severance package | Anti-Corruption Digest

"In France, Jean-Paul Gut is a legend. As head of strategy and marketing, he played a key role in the success of Airbus and its rise to the second largest aircraft manufacturer in the world behind Boeing. Gut was the company’s go-to man when it came to brokering deals, with Airbus sending him in when negotiations with clients had stalled. Especially when the stakes were high – when billion-dollar-deals involving dozens of aircraft were on the table. How exactly he did what he did was his secret. Even now, his profile on LinkedIn describes him as a man of “great discretion.” (Click here for the article) - Europe

Energy and chemicals ITM to create $12.7 billion in value-add and 1,400 new jobs by 2025 | Straits Times

"A new road map has been laid out for Singapore's energy and chemicals sector that aims to create $12.7 billion in value-add and 1,400 new jobs by 2025." (Click here for the article) - Singapore

US weighs calling Myanmar's Rohingya crisis 'ethnic cleansing' | Reuters

"The State Department is considering formally declaring the crackdown on Myanmar’s Rohingya Muslims to be ethnic cleansing, U.S. officials said on Tuesday, as lawmakers called for sanctions against the Southeast Asian country’s military." (Click here for the article) - USA, SE Asia

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Where the FDA is going under Trump | WSJ

"Food and Drug Administration Commissioner Scott Gottlieb serves a president who regularly speaks of rolling back business regulation. Dr. Gottlieb has postponed Obama-era food-labeling rules, pleasing some food manufacturers. But at the same time, he says, the FDA is working to implement another law passed under the former administration: the Food Safety Modernization Act, which will require companies to develop plans to prevent foodborne illness." (Click here for the article) - USA

Former Venezuelan Attorney General Presenting Corruption Evidence to US | WSJ

"The former Venezuelan attorney general in exile, Luisa Ortega, has been presenting evidence of corruption to the U.S. Justice Department, a person close to her said Friday after her latest, explosive public release about her former cohorts in President Nicolás Maduro’s administration." (Click here for the article) - Venezuela, Brazil, USA

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

OPEC cuts while US shale booms | Global Trade

"The price of crude oil has been falling in recent years, going from over $100 per barrel in 2014 to hovering around $50 per barrel in 2017. In light of declining oil prices, the Organization of the Petroleum Exporting Countries (OPEC) has spent much of 2017 taking steps to stimulate a rebound in crude oil prices. However, there are a myriad of issues across OPEC and non-OPEC nations that have prevented the cartel’s mandated supply cuts from achieving their expected level of success." (Click here for the article) - Global

The step-by-step process of how the words 'corruption' and 'fraud' came to college basketball | abc News

"The FBI announced Tuesday that 10 people, including four college basketball assistant coaches, were arrested as part of a two-year investigation into bribes and other corruption in the sport." (Click here for the article) - USA

Court overturns $663M fraud judgement against guardrail maker Trinity | Insurance Journal

"Trinity Industries Inc. won’t have to pay a $663 million judgment that was awarded in a whistleblower lawsuit alleging the company defrauded the U.S. government with a faulty highway guardrail safety system." (Click here for the article) - USA

Vietnam prosecutes bank executives, aides accused of $264M fraud | Reuters

"Vietnam has prosecuted a former bank executive and several aides and employees accused of pocketing 6 trillion dong ($264 million), police said on Wednesday, as the country intensifies a crackdown on fraud in the banking sector." (Click here for the article) - Vietnam

Somalia poses highest bribery risk in Trace index | WSJ

"Business compliance group Trace International on Thursday released the latest edition of its anti-bribery index, finding that Somalia poses the highest risk and Sweden poses the lowest." (Click here for the article) - Global

US SEC moves to simplify corporate compliance paperwork | Reuters

"The U.S. Securities and Exchange Commission proposed rules on Wednesday to simplify the disclosures that publicly traded companies must file with the agency when communicating with investors." (Click here for the article) - USA

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Managing whistleblowing cases - an important success factor for organizational whistleblowing | Ethic Intelligence

"Organizational whistleblowing, allowing employees and often suppliers, and in some cases even the general public to speak up, when they see something that they think is not right, is a global mega trend. It allows organisations to prevent wrongdoings from occurring in the first place, by having a way to anonymously or not report on a suspected wrongdoing. It also demonstrates an organisation´s dedication to high ethical standards and is increasingly a tool that organisations have to have in place to comply with the law, for example the French anti-corruption law, Sapin 2, to take a current example.." (Click here for the article) - Global

US-Brazil alignment incentivizing companies to settle corruption cases | Global Compliance News

"Operation Car Wash is transforming the legal landscape in Brazil. The anticorruption probe began as an investigation into allegations that officers of Petroleo Brasileiro SA, the state-controlled oil company more commonly known as Petrobras, accepted bribes in exchange for awarding contracts at inflated prices to a multitude of construction companies and other businesses. Operation Car Wash revealed systemic corruption across the public company sector that resulted in losses of more than $15 billion and, as of press time, has led to more than a thousand warrants, dozens of pretrial detentions, and more than a hundred convictions. Brazilian authorities have recovered more than $3 billion; the investigation is ongoing." (Click here for the article) - USA, Brazil

India most corrupt Asian country, Vietnam second: Forbes | Business Standard

"If the statistics furnished by the Transparency International (TI), an anti-corruption global civil society organization, are anything to go by, India has a long way ahead to fulfil one of the many objectives as told by the current Indian government - defeating the malice of corruption." (Click here for the article) - India, Vietnam

The most innovative countries in the world in one map | Market Watch

"It may not be the most prosperous nor the smartest country on earth, but the U.S. leaves the rest of world in the dust in one important area—innovation. " (Click here for the article) - Global

Procurement fraud - an old fraud flourishing in emerging markets, costing billions | Financier

"Procurement fraud is likely one of the oldest frauds that companies must confront. In recent years, this fraud has flourished in emerging markets. Whether in a public or private setting, procurement fraud is often ‘quid pro quo’, whereby a favor or advantage is given in exchange for something." (Click here for the article) - Global

Post-Harvey lessons for chemical plant managers | National Law Review

"One of the many hazards exposed by Hurricane Harvey occurred in Crosby, Texas, when the Arkema chemical plant suffered fires and small explosions on Aug. 31 and Sept. 1. Floodwaters caused the fires by penetrating the facility and shutting down the cooling systems designed to stabilize 500,000 pounds of highly flammable materials inside. This ultimately caused a mandatory evacuation for all residents within a 1.5-mile radius of the plant. Local news outlets reported that Arkema had no plan in place for six feet of flooding and its last risk assessment was submitted in 2013." (Click here for the article) - USA

Texas judge quashes Obama-era overtime pay rule | WSJ

"A federal judge in Texas on Thursday struck down an overtime-pay rule authored by the Obama administration, a likely final blow to a regulation that the Trump administration had already begun to recast." (Click here for the article) - USA

 

CBP ceases trade operations at Port of Savannah

At 8:00 a.m., on Friday, September 8, 2017 the U.S. Customs and Border Protection (CBP) ceased operations at the Port of Savannah.  They have not posted an anticipated date/time for operations to resume.  The decision will be dependent on Hurricane Irma recovery efforts and related issues.  Click here for the CBP media release. 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

US sentences ex-Guinea minister to seven year in prison for laundering bribes | Reuters

"A former Guinea government minister was sentenced to seven years in prison on Friday following his conviction of laundering $8.5 million in bribes that U.S. prosecutors say he took in exchange for helping a Chinese conglomerate secure mining rights." (Click here for the article) - USA, Guinea, China

Modernizing NAFTA - a look at the key issues | Global Trade

"The North American Free Trade Agreement (NAFTA) between the United States, Mexico, and Canada, entered into force in 1994 is to be renegotiated. Talks began earlier this month following the conclusion of the 90-day US Congressional notification period. The status quo is not an option; NAFTA will emerge with a new look." (Click here for the article) - USA, Canada, Mexico

OFAC pushes Iran sanctions enforcement | Volkov Law

"Many companies have been laser-focused on anti-corruption compliance, and with good reason given the risks and consequences of an anti-corruption enforcement action. In doing so, companies have to be careful to avoid ignoring sanctions risks, especially in the ever-evolving nature of sanctions rules and regulations." (Click here for the article) - USA, Iran, Singapore

Emerging markets: rethinking M&A | Forbes

"McKinsey & Company estimates that more than 70% of global merger and acquisition deals fail … but why is this? We believe it is due, in great part, to a lack of information (or poor information) on the target and the deal. What might be blamed on a poor integration process might actually be more related to not knowing enough about the target and opportunity. Too often, particularly in emerging markets, integration teams are left to deal with legacy problems that are not identified within the traditional pre-transaction due diligence: inflated books and stock; non-existent distributors and customers; business-critical political connections; facilitation payments; and conflicts of interest with competitors. The result is companies find they have overpaid for assets that cannot deliver the market-share and growth trajectory that formed the basis of the acquisition strategy in the first place." (Click here for the article) - Global

US uses rare tactic in latest bribery case: a sting | WSJ

"U.S. investigators, in a foreign-bribery case unsealed this week, used an unusual tactic: a sting operation. The unsealed criminal complaint in the case of Joseph Baptiste, a retired U.S. Army colonel who was charged in Massachusetts with conspiracy to violate the Foreign Corrupt Practices Act and with money laundering, said undercover Federal Bureau of Investigation agents and intercepted phone calls were used to bring the allegations. Prosecutors said the charges stemmed from a probe launched in 2014 into Haitian-American businessmen who were offering bribes to Haitian government officials for business there." (Click here for the article) - USA, Haiti

US, Mexico spar on NAFTA | WSJ

"The second round of talks to renegotiate the North American Free Trade Agreement began on Friday under a dark cloud after both the U.S. and Mexico raised the stakes dramatically in recent days. President Donald Trump has jolted the tone of the meetings with renewed calls to pull out of the 23-year-old deal linking the economies of the U.S., Canada and Mexico—a drastic course U.S. officials said he came close to pursuing in April before backing down and agreeing instead to negotiate." (Click here for the article) - USA, Canada, Mexico

 

GCSG Launches Third-Party Due Diligence Survey

Global Compliance Solutions Group LLC (GCSG) launches a third-party due diligence practices survey

PRAIRIEVILLE, Louisiana, August 28, 2017GCSG, an advisory, audit and due diligence firm focused on helping companies manage compliance and risk in their own business and with their third parties, launches a third-party due diligence practices survey.

Click here to take our benchmarking survey.

Is third party due diligence a part of your job duties?  In your area of responsibility?  Within the responsibility of your department?  If any of these sound like your experience, then GCSG needs your expertise.

Do you wonder how your third-party due diligence approach stacks up against other companies?  Then you should take a moment to share your experiences and complete our survey.

The survey will take about 10 minutes to complete.  All survey participants will receive a copy of the survey results report and all responses are anonymous.  We greatly appreciate your feedback.

Click here to take our benchmarking survey.

Survey URLhttps://www.surveymonkey.com/r/FSSDYPR

** *** **

About GCSG

Global Compliance Solutions Group LLC was founded in 2016 and is headquartered in Louisiana, USA.  We provide Advisory, Audit, and Due Diligence services for our clients across a range of industries in the areas of Import, Export and Customs Compliance, Anti-Bribery and Anti-Corruption, Drug Precursor, and Distilled Spirits Plant compliance.  The GCSG service team delivers compliance program assessment, development and implementation support, audit, and acquisition and third party due diligence services.  We partner with our clients to solve challenging compliance issues with a strategic, comprehensive, and common sense methodology.  More information can be found at: http://www.globalcompliancesg.com

Learn more about GCSG by following us online:

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Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

KPMG slapped with $6.2m fine over oil company audit errors | Financial Times

"KPMG has been slapped with a fine of more than $6.2m by the US Securities and Exchanges Commission after it signed off the audit of an oil and gas company that had overvalued certain assets by more than 100 times." (Click here for the article) - USA

US takes firm stance on NAFTA as first round of re-negotiations is wrapped up | Bloomberg

"The first round of NAFTA re-negotiations ended Sunday with America’s lead negotiator demanding more car parts be manufactured in the U.S." (Click here for the article) - USA, Canada, Mexico

Can the US scrap its trade deal with South Korea? | WSJ

"The U.S. and South Korea wrapped up fruitless talks over a trade agreement that protectionist Washington blames for an imbalance requiring the pact’s amendment or termination." (Click here for the article) - USA, South Korea

US treasury sanctions Chinese, Russian firms for aiding North Korea | WSJ

"The U.S. on Tuesday targeted a host of Chinese and Russian firms and related individuals it accuses of aiding Pyongyang, expanding its broader efforts to clamp down on financing critical to North Korea’s nuclear-weapons program." (Click here for the article) - USA, China, Russia, North Korea

NAFTA under Trump: Will it stay or will it go? | Global Trade

"We all know that President Donald Trump campaigned against NAFTA in the lead-up to last November’s election, calling it “the worst trade deal ever.” Even after he took office in January, Trump warned the United States would leave the North American Free Trade Agreement if the deal wasn’t renegotiated favorably to the US." (Click here for the article) - USA, Canada, Mexico

DOJ's largest health care fraud enforcement action | Corporate Compliance Insights

"Recent DOJ and Department of Health and Human Services charges were brought against 412 defendants, across 30+ states, with defendants accused of defrauding taxpayers of approximately $1.3 billion. It’s been described as the largest health care fraud enforcement action in DOJ history. In light of the varied health-care-related business practices that are the subjects of the major health care prosecutions, private health providers should scrutinize and review their compliance plans, practices and procedures." (Click here for the article) - USA

Final TSCA inventory reset rule now effective; clock is ticking for companies to report | Lexology

"On August 11, 2017 EPA published in the Federal Register the final TSCA Inventory Notification (Active-Inactive) Rule -- commonly referred to as the “Inventory Reset Rule.” The rule, which is effective immediately, creates new reporting obligations for companies that manufacture or import chemical products. Companies that process chemicals in order to manufacture articles or to create formulated chemical products are also affected by the rule." (Click here for the article) - USA

EU looks to protect its firms from US sanctions | WSJ

"Foreign-policy differences between the European Union and the U.S. are widening, forcing EU leaders to once again ponder how to stop American sanctions from targeting European companies." (Click here for the article) - USA, Europe, Russia, Cuba, Iran

New Report: Anti-money laundering efforts near failure | Fact Coalition

"Worldwide anti-money laundering efforts are currently just a decimal point away from total failure, according to a new report published Wednesday by the Financial Accountability and Corporate Transparency Coalition (FACT Coalition), a non-partisan alliance of more than 100 state, national, and international organizations promoting policies to combat the harmful impacts of corrupt financial practices." (Click here for the article) - Global

US Bid to exit NAFTA arbitration panels draws ire from businesses | WSJ

"U.S. trade officials are putting together a proposal to let the U.S. withdraw from a corporate arbitration system at the heart of the North American Free Trade Agreement, upsetting big American companies that say the system protects their investments overseas." (Click here for the article) - USA, Canada, Mexico

Amazon under investigation for potential Iran sanctions violations | Fox Business

"Ecommerce giant Amazon is under federal investigation for potential violations of the U.S. government’s sanctions against Iran, including sales to an individual listed on the terrorism watch list, the company said in a regulatory filing last Friday." (Click here for the article) - USA, Iran

Treasury targets Chinese and Russian entities and individuals supporting North Korean regime | US Dept. of Treasury

"The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated 10 entities and six individuals in response to North Korea’s ongoing development of weapons of mass destruction (WMD), violations of United Nations (UN) Security Council Resolutions, and attempted evasion of U.S. sanctions.  Today’s sanctions target third-country companies and individuals that assist already-designated persons who support North Korea’s nuclear and ballistic missile programs; deal in the North Korean energy trade; facilitate its exportation of workers; and enable sanctioned North Korean entities to access the U.S. and international financial systems.  As a result of today’s action, any property or interests in property of the designated persons in the possession or control of U.S. persons or within the United States must be blocked, and U.S. persons are generally prohibited from dealing with them." (Click here for the article) - USA, China, Russia

China has a message for Western companies: corruption does not pay | South China Morning Post

"Last month, a court in Lanzhou city jailed and fined six Nestlé employees, after a years-long investigation into bribery allegations surrounding sales of baby formula. In 2013, Reuters found that Nestle’s staff regularly bribed hospital staff in China to exclusively supply its milk formula to newborns. That practice ran afoul of a 1995 law that bars health practitioners from promoting formula over breastfeeding. It also contravened global guidelines of the World Health Organisation." (Click here for the article) - China, USA, UK, New Zealand, Australia, Singapore

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

ISO 37001 has been enacted | Deloitte

"In a previous edition of this magazine (Middle East Point of View, Summer 2016) we wrote about a pending vote by the International Standards Organization (ISO) on Standard 37001: “Anti-bribery management systems–Requirements with guidance for use.” The standard did pass voting and a final version was published in October." (Click here for the article) - Global

US companies should brace for new Chinese export control law | Bloomberg

"U.S. companies from Dow Chemical to Intel should prepare for a new defense-related export control law that could affect their business operations in China and come with stiff penalties for breaking the rules, analysts in China are telling Bloomberg BNA." (Click here for the article) - US, China

Campaign pledges broken could lead to donor lawsuits | Washington Times

"If a political candidate asks you for a donation with a promise that he or she will do some specific act if elected and then fails to do so, should you be able to sue for fraud?" (Click here for the article) - USA

Russian ex-minister accuses Rosneft chief of entrapment | WSJ

"A former Russian economy minister on trial for allegedly taking a $2 million bribe accused the head of the state oil company of entrapment on Wednesday, in the first hearing of a case that has raised speculation about power plays at the highest levels of the government." (Click here for the article) - Russia

US, South Korea to meet on trade deal next week | WSJ

"U. S. and South Korean negotiators will meet next week in Seoul to potentially amend a five-year-old trade agreement, which President Donald Trump has called “horrible” and blamed for a larger American trade deficit." (Click here for the article) - USA, South Korea

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

PwC to pay $1m to settle Merrill Lynch audit complaint | Reuters

"Accounting company PricewaterhouseCoopers LLP will pay $1 million to settle a civil complaint alleging it conducted a flawed audit into Merrill Lynch's compliance with federal brokerage customer protection rules, U.S. audit watchdogs said on Wednesday." (Click here for the article) - USA

Australia's Commonwealth Bank accused of massive money-laundering breaches | Reuters

"The Australian government on Thursday accused the country's biggest mortgage lender, Commonwealth Bank of Australia, of widespread breaches of money-laundering and counter-terrorism financing rules. " (Click here for the article) - Australia

Volkswagen executive pleads guilty in US emissions cheating case | Reuters

"Volkswagen AG executive Oliver Schmidt pleaded guilty on Friday in U.S. District Court in Detroit in connection with a massive diesel emissions scandal that has cost the German automaker as much as $25 billion. " (Click here for the article) - USA, Germany

Ethiopia arrests state minister for finance on suspicion of corruption | Reuters

"Ethiopia has arrested its state minister for finance on suspicion of corruption, state-run television said on Friday, part of an anti-graft drive that the government says has led to dozens of arrests in the last two weeks. " (Click here for the article) - Ethiopia

These 10 people assisted in a million-dollar Medicare fraud. Now they're paying for it | Miami Herald

"Ten owners of Miami-Dade assisted-living facilities were sentenced last week for thir role in a Medicare fraud scheme by the owner of Hialeah's Florida Pharmacy.  Most received a year and a day in federal prison followed by three years of supervised release. " (Click here for the article) - USA

Regulators' penalties against Wall Street are down sharply in 2017 | WSJ

"Wall Street regulators have imposed far lower penalties in the first six months of Donald Trump’s presidency than they did during the first six months of 2016, a comparable period in the Obama administration, according to a Wall Street Journal analysis. " (Click here for the article) - USA

S.A. pharmaceutical rep indicted in $9.5M health care fraud case | San Antonio Express News

"A San Antonio pharmaceutical representative has been indicted in a health care fraud case alleging Tricare and private insurers were overbilled by $9.5 million. " (Click here for the article) - USA

US drops bribery probe of MTS systems | WSJ

"U.S. authorities ended their foreign bribery investigation of MTS Systems without bringing charges, the company said." (Click here for the article) - USA, Korea, China

The renegotiation of the NAFTA slated to kick-off in mid-August | National Law Review

"A recent U.S. Trade Representative (USTR) news release stated that the NAFTA renegotiation is planned to commence between August 16th and 20th, and it has been reported that there will be seven rounds of talks which will be held every three weeks in order to conclude the process before Mexico’s 2018 presidential elections." (Click here for the article) - USA, Mexico, Canada

Ten timeless truths of supply chain | Forbes

"Change is a fact of life, and supply chain seems to be in a state of revolution these days, with technology in particular mixing things up.  Some things, however, remain the same.  Here are 10 timeless truths that you can count on for the long run." (Click here for the article) - Global

 

 

 

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Exxon fined $2m for violating Russia sanctions while Rex Tillerson was CEO | The Guardian

"ExxonMobil showed “reckless disregard” in violating Russian sanctions while Rex Tillerson was the oil company’s CEO, the treasury department said on Thursday.  The treasury fined Exxon $2m for violating sanctions that the Obama administration imposed on Russian entities in 2014 over Russia’s annexation of Crimea." (Click here for the article) - USA, Russia, Crimea

US, China ink historic milled rice import agreement that could provide big opportunity for Louisiana mills, farmers | Acadiana Advocate

"A historic trade agreement with China will allow exports of milled rice from the United States, providing a big opportunity for Louisiana rice mills and farmers, agriculture officials said Thursday." (Click here for the article) - USA, China

Crimean Scandal prompts Siemens to retreat from Russian energy | Reuters

"Germany's Siemens tried to distance itself from a Crimean sanctions scandal on Friday, halting deliveries of power equipment to Russian state-controlled customers and reviewing supply deals. The industrial group said it now had credible evidence that all four gas turbines it delivered a year ago for a project in southern Russia had been illegally moved to Crimea, confirming a series of Reuters reports.  " (Click here for the article) - Germany, Russia, Crimea

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Brazilian authorities disbanding team that investigates mass corruption scandal | Washington Post

"Brazil’s federal police have announced that they are shutting down the task force behind Operation Car Wash, a behemoth corruption probe that has sent dozens of top politicians and business executives to jail." (Click here for the article) - Brazil

Oil exports, illegal for decades, now fuel a Texas port boom | NY Times

"In a twist that would have been unthinkable only two years ago, the oil tanker that arrives in China today may be carrying crude that left the South Texas port of Corpus Christi instead of Saudi Arabia." (Click here for the article) - USA, Saudi Arabia, China

Germany questions Siemens on equipment that made it to Crimea | WSJ

"The German government on Wednesday called on Siemens AG, one of the country’s biggest corporations, to explain how gas turbines it sold for use at a Russian power plant got diverted to Crimea, possibly violating European Union sanctions tied to Russia’s annexation of the Black Sea peninsula from Ukraine. " (Click here for the article) - Germany, Russia, Crimea, Europe, Ukraine

DOJ announces charges against 400 people for $1.3 billion in health-care fraud | Washington Post

"More than 400 people across the country have been charged with participating in health care fraud scams totaling about $1.3 billion in false billings, including for the prescription and distribution of opioids." (Click here for the article) - USA

Prominent New York politician's corruption conviction overturned | CNN

"A federal appeals court Thursday overturned the corruption conviction of former New York State Assembly Speaker Sheldon Silver, who prosecutors claimed used his position as one of the state's most powerful politicians to amass millions of dollars in bribes and kickbacks.” (Click here for the article) - USA

USTR calls special session under US-Korea free trade agreement | Global Trade Magazine

"United States Trade Representative Robert Lighthizer yesterday, at the direction of President Donald Trump, formally notified the Republic of Korea that the US is calling a special joint committee meeting under the US-Korea Free Trade Agreement ." (Click here for the article) - USA, South Korea

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

The TSCA Inventory Reset Clock to Start Ticking | National Law Review

"Virtually all manufacturers and importers of chemicals for the past 11 years are now subject to a new TSCA reporting requirement known informally as the TSCA Inventory Reset.  Reports will be due six months after the final rule is published.  All processors of chemicals have an opportunity and an incentive to report as well.  EPA released a prepublication version of the final Inventory Reset rule on June 22, 2017." (Click here for the article) - USA

Congress takes action against shell companies amid scandal | NY Post

"Congress is taking action against shell companies doing mysterious — sometimes nefarious — dealings such as the Malaysian sovereign wealth fund 1MBD, which ensnared Goldman Sachs and its Asian chief, Tim Leissner, in a scandal." (Click here for the article) - USA, Malaysia, Singapore

Japan, EU on cusp of free trade agreement after US TPP Rebuff | Reuters

"Japan and the European Union are on the cusp of a wide-ranging free trade agreement that could help blunt the forces of protectionism sparked by U.S. President Donald Trump's trade policies. " (Click here for the article) - Japan, Europe, USA

France's total set to invest $1 billion in giant Iranian gas field | WSJ

"France’s Total SA said it will sign a deal on Monday that completes a $1 billion investment in a giant Iranian gas field, capping months of negotiations over the first big move by a Western oil company into the country in years." (Click here for the article) - France, Iran

Philly DA Seth Williams pleads guilty, goes to prison | Philly.com

"Philadelphia District Attorney Seth Williams abruptly resigned his office and agreed to plead guilty Thursday in a surprise move that ended a federal bribery trial that had dragged messy details about his personal life into the open, and had cast a deepening shadow over the final days of his once-promising political career.” (Click here for the article) - USA

Tax intermediaries soon required to disclose aggressive tax arrangements? | Loyens Loeff

"On 21 June 2017, the European Commission submitted a proposal for a Council Directive introducing MDR for intermediaries regarding reportable cross-border tax planning arrangements. The proposal also provides for an automatic exchange of the reported information to other Member States. The proposal forms part of the many EU initiatives to tackle tax abuse and ensure fairer taxation in the EU." (Click here for the article) - Europe

UK crime agency readies for asset recovery powers | WSJ

"The U.K. remains a favored destination for politically-exposed persons and money-launderers, with technological developments such as crypto currencies and e-wallets offering fraudsters new ways to commit crime and evade law enforcement, according to a recent report by the National Crime Agency. On the good guys’ side, though, the Criminal Finances Bill will help recover proceeds of crime and encourage greater information sharing to track money laundering, the report said." (Click here for the article) - Europe

Germany bolsters China ties as Trump policies raise concern | WSJ

"German Chancellor Angela Merkel and China’s President Xi Jinping pledged to boost economic cooperation between their countries as they met ahead of international summit." (Click here for the article) - Germany, China, USA

Shipper's Law: US government settles with Agility | American Shipper

"Agility Public Warehousing Co. K.S.C. (Agility) reached a final settlement in May with the United States government, resolving criminal, civil and administrative cases arising from allegations that it overcharged the U.S. when performing contracts with the Department of Defense (DOD) to supply food for U.S. military troops from 2003 to 2010." (Click here for the article) - USA

German logistics group to enter Australian market | Logistics Magazine

"German logistics specialist the Rhenus Group signed an agreement to purchase Australian freight forwarding company O’Brien Customs and Forwarding Pty Ltd on 16 June, as part of its expansion strategy in the Asia-Pacific region." (Click here for the article) - Germany, Australia

Japan, European Union strike new trade deal | WSJ

"Japan and the European Union agreed on the terms of a new trade deal, hours before U.S. President Donald Trump was expected to clash with them and other world officials over how global trade works." (Click here for the article) - Japan, Europe, USA

Russia sanctions bill hits new hurdle in House | Politico

"As President Donald Trump prepares to meet Vladimir Putin, a bipartisan congressional attempt to constrain Trump's ability to warm up to Russia is running into new trouble." (Click here for the article) - USA, Russia

Trump plans to make America dominant energy player | Epoch Times

"Abundance and dominance are key words for the Trump administration’s new energy policy. Speaking on June 29 at an event at the Department of Energy, “Unleashing American Energy,” President Donald Trump recalled how in the past 40 years, Americans have heard “constant claims that the world was running out of oil and natural gas.” Americans, Trump said, have been told the energy crisis could only be solved through “Draconian restrictions.” (Click here for the article) - USA

Ships exporting Iranian oil go dark, raising sanctions red flags | WSJ

"Ships transporting almost a fifth of Iran’s oil exports in the second half of last year either turned off their radio-signal tracking systems or gave misleading information about the origin of their cargo, red flags for governments seeking evidence of evasion of international sanctions against Tehran." (Click here for the article) - Iran, United Arab Emirates, UK, USA

Caterpillar faces new questions in probe | WSJ

"Federal investigators believe Caterpillar Inc. failed to submit numerous required export filings with the government in recent years, adding to questions facing the manufacturing giant, people familiar with the matter said." (Click here for the article) - USA, Switzerland

South Korea police raid Korean Air headquarters over chief's' decorating bill | Reuters

"Police raided the headquarters of Korean Air Lines Co Ltd on Friday as part of an investigation into allegations that company funds were used to pay for construction work at the home of Chairman Cho Yang-ho." (Click here for the article) - South Korea

Former Audi engine manager charged in emissions scandal | WSJ

"A former engine-development manager at Audi was charged in the U.S. for his role in a wide-ranging emissions scandal at Volkswagen that has already led to the indictment of seven others and a $2.8 billion criminal fine for the German auto maker, U.S. authorities said Thursday." (Click here for the article) - USA, Germany

European Union extends Russia sanctions until Jan 2018 | Reuters

"The European Union formally extended its economic sanctions on Russia on Wednesday, a widely expected step that keeps restrictions on business with Russian energy, defense and financial sectors until Jan. 31, 2018." (Click here for the article) - Europe, USA, Russia

 

Agencies from seven countries join forces against corruption

On July 5, 2017 the UK's National Crime Agency (NCA) announced the establishment of the International Anti-Corruption Coordination Centre (IACCC), based in London.  The UK's NCA will host the IACCC until 2021. 

The IACCC's initial membership includes agencies from Australia, Canada, New Zealand, Singapore, the UK and the United States.  The purpose of the centre is to improve the existing cooperation between member countries corruption enforcement agencies. 

"There is no doubt that the world's major economies are abused by corrupt leaders.  We have a responsibility to guard against that abuse, limit the damage it causes to countries already battling poverty, and pursue the individuals who put self-interest above the welfare of citizens.  This is the first law enforcement partnership specifically coordinating the global response to grand corruption.  We know from our experience the value that dedicated centres for collaboration bring to successful international law enforcement action and we will use all our combined expertise to tackle the most complex and devastating cases of corruption." (1) - Donald Toon, NCA Director of Economic Crime          

The centre should improve the sharing of information and resources, between the participating agencies, and enhance the process of enforcing global anti-corruption laws.  However, because the trend of cooperation between participating agencies has already been growing for years, the centre is likely to have less of an impact than the NCA announcement alludes.

For this effort to truly fulfill its goals, and have the impact the IACCC seeks, the list of participating agencies from non-Western countries will need to grow.       

IACCC participating agencies:

  • Australian Federal Police
  • New Zealand's Serious Fraud Office
  • New Zealand Police
  • Canadian Mounted Police
  • Corrupt Practices Investigation Bureau of the Republic of Singapore
  • National Crime Agency
  • Federal Bureau of Investigation (FBI)

Agencies with plans to join the IACCC:

  • Interpol
  • US Department of Homeland Security (DHS)
  • US Immigration and Customs Enforcement (ICE)
  • US Homeland Security Investigations (HSI)

IACCC observer nations:

  • Switzerland
  • Germany

Contact GCSG experts at info@globalcompliancesg.com with any questions or for more information on how we can assist you with your compliance program.  Visit our website at www.globalcompliancesg.com to learn more about our products and services

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Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Brazil President Michel Temer is charged with corruption | WSJ

"Brazil’s top prosecutor filed criminal charges against President Michel Temer on Monday, marking a critical new phase for the corruption crackdown that has roiled Latin America’s largest country for the past three years." (Click here for the article) - Brazil

Russia sanctions bill remains stalled in US Congress | Reuters

"U.S. lawmakers said on Monday they did not know when legislation to impose new sanctions on Russia might come up for a vote in the House of Representatives, and the White House said it had concerns about the measure." (Click here for the article) - USA, Russia

HS classification: Customs compliance issues affecting companies in Vietnam | Thompson Reuters

"Vietnam has adopted and maintained the World Customs Organization (WCO) Harmonized Commodity Description and Coding System since March 1998.  Subsequently, additional laws and changing regulations have been added leading to additional challenges for Vietnamese companies and the Multi-National Corporations moving operations to Vietnam." (Click here for the article) - Vietnam

Donald Trump considering China sanctions over North Korea, say officials | The Guardian

"US president Donald Trump is growing increasingly frustrated with China over its inaction on North Korea and bilateral trade issues and is now considering possible trade actions against Beijing, three senior administration officials told Reuters." (Click here for the article) - USA, China, North Korea

India: GST (Goods and Service Tax), applicable from July 1, 2017 | The Compliance Book

"Current Government has decided to apply GST from July 1, 2017.  GST is a destination based tax on consumption of goods and services. It is proposed to be levied at all stages right from manufacture up to final consumption with credit of taxes paid at previous stages available as set off. In a nutshell, only value addition will be taxed and burden of tax is to be borne by the final consumer. " (Click here for the article) - India

Breaking News: Maersk says cyber attack "contained" | Global Trade

"After being hit as part of a global cyber attack called Petya on June 27, Maersk is now reporting that “we have contained the issue.” (Click here for the article) - Global

US environment agency delivers on chemical reform | Chemistry World

"he US Environmental Protection Agency (EPA) has issued final rules for the updated Toxic Substances Control Act (TSCA) that regulates new and existing chemicals in the US. Released on 22 June, the rules establish a process for the agency to conduct risk evaluations to determine whether a chemical presents an unreasonable risk of injury to human health or the environment, without consideration of costs." (Click here for the article) - USA

US hits North Korea with sanctions; puts military action on the table | Daily Wire

"After months of escalating tensions between North Korea and the United States, topped off by the death of American Otto Warmbier at the hands of the dictatorship, new strategies are being implemented and considered in the White House." (Click here for the article) - USA, North Korea, South Korea, Japan

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous week's interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

BT appoints KPMG as auditor as PwC is ousted after 33 years in wake of Italian scandal | The Telegraph

"BT has appointed KPMG as its new auditor to replace PwC in the wake of the fraud scandal in Italy that triggered a major profit warning earlier this year.  PwC has held the blue-chip account ever since BT was privatised 33 years ago." (Click here for the article) - Italy, UK

Japan-EU trade deal in sight as gaps narrow on autos, farm produce | The Japan Times

"Japan and the European Union are in the final phase of wrapping up a wide-ranging agreement on free trade early next month, seeking to strike deals on sensitive issues, such as access to the agriculture and automobile markets." (Click here for the article) - Japan, Europe, Germany, USA

Russian energy and infrastructure sectors targeted by new US sanctions, aimed at expanding their scope and scale | Jane's 360

"On 14 June 2017, the US Senate approved a new package of sanctions against the Russian government for allegedly meddling in the 2016 US presidential election." (Click here for the article) - USA, Russia, Iran

Classification Decisions - Latest Session of the Harmonized System Committee | World Customs Organization

"Classification decisions taken in March 2017 - Harmonized System Committee Session." (Click here for the article) - Global

Wilbur Ross: NAFTA renegotiation may take until next year| CNBC.com

"Renegotiating the North American Free Trade Agreement could spill into next year, Commerce Secretary Wilbur Ross said Monday. " (Click here for the article) - US, Mexico, Canada

Bengkulu Governor and wife arrested with a box of money | Jakarta Globe

"A team from the Corruption Eradication Commission arrested Bengkulu Governor Ridwan Mukti and his wife Lili Madari for allegedly taking bribes from several local contractors — who were also arrested with them — during a sting operation in Bengkulu." (Click here for the article) - Indonesia

Cuba Sanctions: President Trump announces tightening of US sanctions while maintaining certain sanctions relief implemented by Obama administration | Akin Gump

"On Friday, June 16, the Trump administration announced new changes to U.S. policy towards Cuba, and instructed the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and U.S. Department of Commerce’s Bureau of Industry and Security (BIS) to “initiate a process” to adjust current regulations regarding transactions with Cuba within 30 days. Accordingly, it remains to be seen when new regulations will be issued, although it is likely some months away." (Click here for the article) - USA, Cuba

SEC charges general counsel with fraud in fake loan scheme | Corporate Counsel

"The U.S. Securities and Exchange Commission has charged Arista Power Inc., its general counsel, Michael Hughes, its CEO and a third party with securities fraud." (Click here for the article) - USA

 Report by Brazilian police ties Michel Temer to bribery scheme | NY Times

"President Michel Temer of Brazil probably benefited from a bribery scheme aimed at helping a conglomerate with a business project, according to a preliminary Federal Police report released on Tuesday that has already intensified pressure on the beleaguered leader as he struggles to push austerity measures through Congress amid a political crisis." (Click here for the article) - Brazil

Barclays charged with conspiracy to commit fraud | The Independent

"The Serious Fraud Office has charged Barclays PLC and four individuals, including the bank's ex-chief executive John Varley, with conspiracy to commit fraud and for providing unlawful financial assistance during the financial crisis." (Click here for the article) - UK, Qatar

FCPA Enforcement may change due to supreme court ruling | WSJ

"Defense lawyers say a recent Supreme Court ruling could change the way the Securities and Exchange Commission enforces U.S. foreign-bribery law." (Click here for the article) - Global

OECD urges Czech Republic to prosecute bribery cases | WSJ

"The Czech Republic has yet to prosecute a single case involving bribery of foreign officials, according to the latest peer review by the Organization for Economic Cooperation and Development." (Click here for the article) - Czech Republic

EU leaders reach political deal to extend sanctions in Russia | WSJ

"European Union leaders reached a political deal Thursday to extend the bloc’s economic sanctions on Russia by a further six months, citing the failure of Russia to end the conflict in eastern Ukraine." (Click here for the article) - Europe, Russia

EPA releases new chemical testing rules | WSJ

"The Environmental Protection Agency on Thursday released rules enabling the agency to prioritize the testing of certain chemicals used in consumer goods and other products while forgoing the testing of others, overturning more sweeping Obama-era procedures that the chemicals industry deemed overly burdensome." (Click here for the article) - USA

The European Union dumps China | Asia Times

"In one fell swoop, a legislative committee of the European Union Parliament has snubbed China’s recent easing of restrictions on inbound foreign investment, rejected Beijing’s demand to be recognized as a market economy and established stringent requirements for the EU’s possible contribution to Chinese President Xi Jinping’s Belt and Road infrastructure initiative." (Click here for the article) - Europe, China

 

Singapore Customs issues new end user statement formats

On June 14, 2017 Singapore Customs issued new end-user statement (EUS) formats for Strategic Trade Scheme (STS) bulk permits and individual permits.  In the past, Singapore Customs had provided one format for both permit types.  Feedback Singapore Customs received about the diverse nature of the business operations of the two different permit types influenced them to issue the new formats.

All STS bulk permits must use the new EUS format immediately.  Individual permits are required to use the new format as of July 1.  You can submit questions about:

  • Bulk permits to:  CUSTOMS_SCHEMES@customs.gov.sg
  • Individual permits to: CUSTOMS_STGC@customs.gov.sg        

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

WTO Faults US on Subsidies to Boeing | WSJ

"The World Trade Organization Friday ruled the U.S. failed to adequately eliminate all illegal state subsidies to Boeing Co. in a move that could trigger retaliatory sanctions from the European Union next year." (Click here for the article) - USA, Europe

MEPs dispute details of corporate transparency bill | eurobserver

"MEPs from the economic affairs and legal affairs committees adopted a draft directive on Monday (12 June). It will force all multinational companies in the EU to disclose information related to their activities in each country where they operate. (Click here for the article) - Japan, Europe, Germany, USA

US to export beef to China under new protocol | Global Trade

"The United States government announced yesterday steps toward commercial shipment of US beef and beef products to China for the first time since 2003." (Click here for the article) - USA, China

Brazilians adore top prosecutor after he exposes massive corruption web | NPR

"A new Brazilian hero isn't a soccer star, it's the prosecutor pressing the corruption case against the country's political elites. He's got a book that taps into the public's desire to clean house. (Click here for the article) - Brazil

The Big Squeeze: China's business environment evolves| Forbes

"Everyone working in China in recent years will recall how talk of “the new normal” became ubiquitous in 2014-15, and has lingered into 2017 as short-hand for a tougher business climate." (Click here for the article) - China

Qatar seeks new air, sea links amid rift | WSJ

"Tiny Qatar, cut off by its Arab neighbors, is trying to break out of its sudden isolation in ways that could reshape trade and transport in the region." (Click here for the article) - Indonesia

Senate strikes deal on Russia sanctions, stripping power from Trump| NBC News

"The U.S. Senate has reached a bipartisan agreement on a new round of sanctions against Russia, a move that will likely force President Donald Trump to either sign or veto a measure that he has not said he supports." (Click here for the article) - USA, Russia

US alleges Chinese company is front for North Korea | WSJ

"The U.S. filed a civil complaint seeking more than $1.9 million from a Chinese company prosecutors said acts as a front created to launder U.S. dollars on behalf of blacklisted North Korean entities.." (Click here for the article) - USA, China, North Korea

 US sanctions policy in strong hands after architects depart government | WSJ

"U.S. sanctions enforcement is in a transitional phase, as the top officials who brought it to prominence have departed government over the past several years, but those departed officials say they’re confident that sanctions will remain a key component of U.S. foreign policy during the Trump administration." (Click here for the article) - USA

Justice Department probing Booz Allen's accounting, billing practices with US | WSJ

"The Justice Department is conducting a civil and criminal investigation into Booz Allen Hamilton’s cost accounting and indirect cost charging practices with the U.S. government, the consulting firm said Thursday in a securities filing." (Click here for the article) - US