On February 22-24, 2023, the second plenary of the FATF under the Singapore presidency concluded.

On February 24, 2023, the White House and several agencies announced a series of additional sanctions on Russia on the one-year anniversary of Russia’s invasion of Ukraine and announced addition measures to continue provide Ukraine with support, among other things, to hold Russia accountable for its war of aggression.[1]

On February 23, 2023, a German court convicted a Palestinian man from Syria for several counts of murder and attempted murder for firing a rocket-propelled grenade (RPG) into a group of civilians in Damascus on March 23, 2014.  The blast killed four people and seriously wounded two others waiting to receive food assistance from the U.N. Relief and Works Agency for Palestine Refugees in the Near East.  The defendant was first charged with war crimes, seven counts of murder, and three counts of attempted murder in August 2022.[1]

With respect to international corruption, called “bribery of foreign public officials,” the following questions spontaneously arise: Who is in charge of fighting corruption in a country? Can a country prosecute another country's corruption cases, with what legitimacy and on what legal basis? Who determines jurisdiction?

On February 15, 2023, the Swiss Federal Council decided to launch administrative proceedings to confiscate assets linked to former Ukrainian President Yanukovych, and his associates, that have been frozen since the 2014 Ukrainian revolution that saw him leave his office.  The Federal Council instructed the Federal Department of Finances (FDF) to initiate forfeiture proceedings in the Federal Administrative Court (FAC) for assets totaling over $130 million in Swiss francs.  Pursuant to prior agreements, any property that is permanently confiscated will be returned to Ukraine.[1]

On February 14, 2023, the European Council issued a revised list of non-cooperative jurisdictions for tax purposes.  It added to its list the British Virgin Islands, Costa Rica, Marshall Islands and Russia.[1]

On February 20, 2023, the HM Revenue and Customs (HMRC) officers arrested two men in a multi-million-pound tax fraud investigation involving customers of the collapsed Puerto Rican-based Euro Pacific Bank (EPB).[1]

On February 14, 2023,  in Halet v Luxembourg, the European Court of Human rights overturned the conviction of Raphael Halet, a former employee of PwC (PriceWaterhouseCoopers.)[1]  Halet had shared fourteen tax returns and two cover letters relating to tax agreements (ATAs) between the Duchy of Luxembourg and PwC clients, to French journalist Édouard Perrin.  In some 72 pages, the Court detailed the factors to be considered in weighing Halet’s actions that were contrary to his employer’s right to confidentiality. The Court concluded that Halet’s conviction interfered with his right to freedom of expression, in particular his freedom to impart information, under Article 10 of the  European Convention of Human Rights, and had not been necessary.  The Court also pointed out that the concept of “whistle blower” had not been given an unequivocal legal definition, and that the question called for an assessment which took account of the circumstances of each case. ^[2]

On February 16, 2023, GBBC Digital Finance (GDF), the largest digital asset industry association, announced they are becoming an Affiliate Member of the International Organization of Securities Commission (IOSCO).  In their press release, GDF announced their intention for “engagement with regulators and policy makers and jointly examining how we might construct a DeFi (Decentralized finance) education and engagement platform.”[1]  GDF is signing on with IOSCO to assist in IOSCO’s 2022-2023 Crypto-Asset Roadmap published on July 7, 2022.   This roadmap outlines an investigative phase of various cryptocurrency markets with the aim of finding regulatory gaps and areas of concern within the industry.  The plan requires the assistance of major national regulating bodies and private entities to share data and expertise for developing a fruitful regulatory framework in the future.

On February 16, 2023, the European Parliament adopted two resolutions on the issue of transparency and integrity in EU decision-making. MEPs are asking for more reforms, building on the ones announced by the Conference of Presidents, and demand an EU’s independent ethics body be set up swiftly.