20th Annual IBA Transnational Crime Conference

17 May - 19 May 2017

Session information

Criminal issues arising in international trade: a day in the life of a shipping container

Committee(s)

Criminal Law Committee (Lead)
Criminal Law Section (Lead)
European Regional Forum (Lead)

Description

Part one: Sanctions and trade embargoes With the increased use of sanctions and trade embargoes as foreign policy tools, the first part of the session will see the panel discuss a number of sanctions issues including the growing trend of sanctions across the globe, their increasing complexity, and changes in enforcement trends and asset freezing. The panel will consider how best to respond to these developments, including managing sanctions risk and dealing with competing sanctions regimes. Part two: A day in the life of a shipping container The second part of the session will be a practical compliance example as the panel follows a day in the life of a shipping container, discussing a cross-section of issues that arise in the context of the international trade in goods. Firstly, with the increased use of sanctions and trade embargoes as foreign policy tools, this session will look at how best to navigate complex sanctions issues prior to shipping, including practical solutions of how to detect and prevent these issues, such as the use of due diligence programmes. The panel will then explore criminal issues that may arise on the ground as the container crosses borders, with a particular focus on bribery, corruption and some of the more nuanced issues, such as facilitation payments. Finally, with large trade flows, which obscure individual transactions, and often the use of multiple foreign exchange transactions, international trade can provide a lucrative playground for money laundering. The panel will turn its attention to issues of money laundering which could arise on payment for the container’s goods and how best to protect from them.

Session / Workshop Chair(s)

Christine Braamskamp Jenner & Block, London, England; Publication and Newsletter Editor, Criminal Law Committee
Jonathan Mattout Herbert Smith Freehills LLP, Paris, France; Membership Officer, Business Crime Committee

Speakers

Mark J Biros
John W Boscariol McCarthy Tetrault LLP, Toronto, Ontario, Canada