WILL COMPLIANCE OFFICERS FROM ABROAD BE BARRED FROM ATTENDING U.S. AML EVENTS DUE TO NEW US POLICY ON SPYWARE USE?

This week's announcement, to the effect that individuals from countries that use spyware to snoop upon their political opponents, journalists, activists and others may be barred from entering the United States, could have a direct effect upon compliance officers who routinely comed to America to attend AML/CFT conferences and events. the new US policy, which reportedly even extends to countries whose citizens enter on America's Visa Waiver policy, could result in them being denied entry through no fault of their own. We call this the Rule of Unintended Consequences.

Please note that not only is spyware in government use in the nations of the Middle East, but several EU Member states are known to use and abuse it for political reasons. It remains to be seen what the practical effect of this new American policy will be, but compliance officers might want to see whether their own government is using that spyware to the detriment of its citizens.

Therefore, before accepting any invitations to lecture at American AML conferences this year, compliance officers from Europe, the Middle East and Asia might want to consult with their attorneys for advice. Don't be surprised if you learn that your democratic government uses spyware to snoop on its citizens, which may constitute violations of basic human rights under international law.