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New Jersey Man Prosecuted for Funneling Campaign Contributions from Foreign Source

Much of the U.S. media overlooked a Bill of Information filed in United States District Court in New Jersey on June 29. The information charged Bilal Shehu, an Albanian immigrant, with unlawfully funneling $80,000 from a...more

The Terrain of Global Anti-Bribery Compliance Challenges

In the second part of their interview, Alison Taylor, Director of advisory services at BSR, a non-profit consultancy and company network focused on sustainability and CSR, and James Cohen, an expert on anti-corruption,...more

“Hacking” Warrants: A Question of Procedure or Substance?

Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect automatically by the end of the year.more

New Law Imposes Additional Requirements on NGOs Operating in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward foreign NGOs, many NGOs – including many prominent U.S. based organizations – currently operate in China. Based on new legislation in China, however, the status of the more than 7,000 foreign NGOs operating in China – in addition to many other organizations wanting to expand into the country – now remains in question.more

Private Equity and the Och-Ziff Enforcement Action

Since 2010, the Justice Department and the SEC have been “investigating” a number of private equity and hedge funds for FCPA violations. The launch of the inquiries was a big deal with lots of fanfare and focus on private equity corruption risks. In time, nothing happened.more

The Panama Effect: UK Government accelerates proposals to criminalise failure to prevent tax evasion

10 considerations for professionals and corporates worldwide in advance of the new law. Overview - In a move widely seen as a response to the so-called “Panama Papers” revelations, the UK Government has enhanced and accelerated its proposals to enact new offences for failure to prevent facilitation of tax evasion, and following a formal consultation is working to bring them into force on 1 January 2017. Please see full Alert below for more information.more

French Anti-Corruption Reform Expected In 2016

France to introduce significant changes affecting large companies and top management, to improve current anti-bribery system. The French Parliament is expected to enact “Sapin II” on transparency, anti-corruption and economic modernization in 2016. With this reform, France intends to improve prevention, detection and punishment of corruption in France and abroad, by introducing significant changes into the current French anti-bribery system. These changes are broadly inspired by the systems already in place in the UK and US. Please see full Alert below for more information.more

New Business Opportunities in Iran! Who Will Be Your Banker? Non-U.S. Banks Hesitant to Process Lawful Iran Transactions…and for Good Reason

- Sanctions relief presents new business opportunities with Iran - Most U.S. companies are still prohibited from Iran business, but the U.S. government is encouraging lawful business by non-U.S. companies - The line between permitted and prohibited financial transactions by non-U.S. banks is not clear - Careful advice of counsel is criticalmore

Sharper Teeth For Sanctions Enforcement?

The current UK sanctions enforcement regime is a complicated web reflecting the requirements of UN Security Council Regulations, EU Regulations, and UK Primary and Secondary Legislation. Penalties for breaches of sanctions are generally set out in the various statutory instruments that implement particular sanctions.more

UK Financial Sanctions Enforcement – New Powers and Tougher Sentences

The UK Government put a package of proposals to Parliament in February to increase both the type and the potential severity of consequences for persons and companies who breach EU financial sanctions. If approved, these changes will be powerful new tools in the hands of the Treasury’s new Office of Financial Sanctions Implementation (OFSI) (see the Dechert update last year on the establishment of OFSI), which can be expected to lead to tougher and more proactive sanctions enforcement in the UK.more

A "French Bribery (and Sunshine) Act" is about to be launched - a legal revolution is underway in France

France has been for a long time lagging behind on the field of anti-corruption laws. In 2012, the Organisation for Economic Co-operation and Development raised serious concerns regarding the lack of bribery convictions in France, and stated that France should intensify its efforts to combat the corruption.more

Africa Update - January 2016 #2

Leading the News - Burundi - On January 12th, the Burundian Justice Ministry indicated the verdict on the trial of former Defense Minister Cyrille Ndayirukiye and 27 others accused of plotting the failed coup attempt in May would be handed down on Thursday. While the defendants pleaded guilty to attempting a coup, they have denied other charges of killing police officers and providing weapons to civilians to stroke an insurgency. On January 13th, Army Captain Idi Omar Bahenda and police Brigadier Jean Claude Niyongabo, two Burundian security officers who defected from the government, were killed in firefight with military forces in Bujumbura. The men, who were traveling in a car with other renegade police officers, were stopped by police, who found explosives, a rocket-propelled grenade, and a rifle in their possession. Gunfire broke out when the suspects tried to flee. Please see full Update below for more information. more

Africa Update - November 2015 #2

Leading the News: Egypt - On November 5th, U.S. President Barack Obama expressed his belief it was possible there was a bomb on board the Russian passenger jet that went down in Egypt’s Sinai Peninsula last week. President Obama’s comments heightened the scrutiny on security measures at the airport in Sharm el-Sheikh, from which the downed flight departed. In the wake of the crash, passengers leaving Sharm el-Sheikh have only been allowed to carry hand luggage, while all checked bags have been transported separately. On November 6th, Russian President Vladimir Putin suspended all Russian flights to Egypt, pending the outcome of the investigation into last week’s deadly plane crash in the Sinai Peninsula. The decision came at the suggestion of Russian intelligence chief Alexander Bortnikov and is expected to negatively impact Egypt’s tourism industry. Please see full Update below for more information.more

Judicial Redress Act Passes House; May Aid New U.S.-E.U. Safe Harbor

On October 20, the U.S. House of Representatives passed the Judicial Redress Act (the “Act”) to allow European Union residents to challenge certain privacy violations by the U.S. government in U.S. courts. If passed by the Senate and signed by President Obama, the new law would clear the way for the adoption of the new U.S.-E.U. Umbrella Agreement governing the sharing of personal information between law enforcement in the two jurisdictions. Following the invalidation of the U.S.-E.U. Safe Harbor, the bill has also gained attention as aiding the negotiation of a replacement mechanism to cover cross-border data transfers between private entities.more

Politics – The Invisible Force Behind China Artist and Art Market

After a period of significant growth from 2009 to 2014, the Chinese art market has experienced a drastic decline in the first half of 2015 with reports that the fine art auction turnover contracted at 30% less than the 2014 period. Interestingly, Ai Weiwei, one of China’s most well-known and most controversial contemporary artists, has not been affected by this turn in the market. more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three decades ago, long before today’s Internet, cloud storage and huge amounts of data stored around the world, the author writes. When the U.S. Court of Appeals for the Second Circuit heard oral argument in September in a case concerning Microsoft Corp.'s refusal to comply with a government search warrant and hand-over the contents of customer emails stored on a server in Ireland, Judge Gerald E. Lynch ended the almost 90-minute argument with an unusual plea: ‘‘I do think the one thing that probably everyone agrees on is that, as so often, it would be helpful if Congress would engage in that kind of nuanced regulation, and we’ll all be holding our breaths for when they do.’’ Originally published in Bloomberg BNA's Privacy & Security Law Report on October 5th, 2015. Please see full Article below for more information.more

Africa Update - September 2015 #5

Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina Faso following the recent coup. In addition to commending the Economic Community of West African States (ECOWAS) and the African Union (AU) for their efforts to end the crisis and restore order in the country, the Security Council urged all political actors in Burkina Faso to refrain from violence and resume the transition process without delay. On September 26th, U.S. National Security Advisor Susan Rice congratulated the people of Burkina Faso for their success in defending Burkinabe democracy and reinstating the transitional government. Ambassador Rice also expressed appreciation to the international partners who condemned the coup in Burkina Faso and helped prevent the country’s democratic transition from unraveling, including ECOWAS, the AU, and the U.N. Additionally, Ambassador Rice said the U.S. will continue to stand with the people of Burkina Faso as they prepare for democratic elections. Please see full Update below for more information.more

Guatemalan President Resigns

As of yesterday, Alejandro Maldonado Aguirre is the new president of Guatemala, following the abrupt resignation of Otto Perez Molina. Mr. Perez Molina now faces an arrest warrant on charges of corruption for conspiring with or – at the very least – having knowledge of the existence of criminal organizations within the country.more

Africa Update - August 2015 #4

Leading the News - South Sudan: On August 25th, a panel of United Nations (U.N.) experts monitoring U.N. sanctions on South Sudan released a report disclosing evidence that South Sudanese solders raped children, burned people alive in their homes, and hunted others for days as part of its tactics in the country’s recent civil war. U.N. investigators noted extreme violence against civilians, committed by all parties to the political conflict. On August 25th, U.N. Special Representative for South Sudan and head of the U.N. Mission in South Sudan (UNMISS) Ellen Margrethe Loj briefed the U.N. Security Council on peace negotiations in the country. She reported that rival parties in South Sudan were anticipated to convene a mini-summit on August 26th, during which the South Sudanese Government was expected to sign the agreement already endorsed by former Vice President Riek Machar. While a final agreement appeared within reach, Special Representative Loj warned the security situation on the ground remains volatile and tense. Please see full Update below for more information.more

Spain Sets a New Milestone with its Corporate Compliance Statute

As of July 1 of this year, Spain becomes the latest in a string of nations with a corporate compliance defense. Article 33 of Spain’s criminal code will provide an exemption from corporate criminal liability where the company adopts a qualifying compliance program prior to the occurrence of the conduct at issue. An interesting feature of Article 33 is that it goes further than other countries have gone with their corporate compliance defenses in that it actually mandates specific features that compliance programs must contain in order to qualify.more

Africa Update - August 2015 #3

Leading the News - Libya: On August 13th, the latest round of the United Nations (U.N.)-facilitated Libyan political dialogue concluded in Geneva, Switzerland. According to the U.N. Support Mission in Libya (UNSMIL), the parties reiterated their conviction that there can be no alternative to peace in Libya outside the U.N. dialogue process. In addition, UNSMIL reported participants emphasized the need to set aside partisan agendas and uphold the country’s higher national interests and underscored their determination to conclude the dialogue process as soon as possible, with a target date within the coming three weeks. On August 14th, Reuters reported around 37 people have been killed in clashes between Islamic State of Iraq and the Levant (ISIL) fighters and a Salafist Muslim group battling for control of Sirte. Fighting began last week when the Salafist Muslim group attacked ISIL militants in the area, accusing them of killing a prominent preacher. By Friday, ISIL appeared to be in control of the city. Please see full Update below for more information. more

Africa Update - August 2015

Leading the News - Egypt: On July 30th-31st, the U.S. Embassy in Egypt announced plans to deliver eight F-16 fighter jets to Egypt approved as part of a military package that was unfrozen earlier this year. Delivered to Cairo West Air Base, the jets were flown directly from the U.S. and immediately integrated into the Egyptian Air Force. Four more F-16s will be delivered to Egypt this fall and the U.S. will continue to provide follow-on support, maintenance, and training for Egyptian Air Force pilots and ground crews. On August 1st-3rd, U.S. Assistant Secretary of State for Democracy, Human Rights, and Labor Tom Malinowski was on travel to Cairo, Egypt, to join Secretary of State John Kerry for the U.S.-Egypt Strategic Dialogue. In addition to participating in meetings led by Secretary Kerry, Assistant Secretary Malinowski also met with members of Egyptian civil society and political parties. Please see full Update below for more information.more

Blog: CooleyAR’s summer holiday

However, before we pack our bags it is worth reflecting on David Cameron’s recent speech in Singapore where he addressed the threat posed by corruption worldwide. We were particularly interested in his comments on how the UK should respond to corrupt foreign companies laundering money through the UK – a topic we touched on last week. more

Africa Update - July 2015 #4

Leading the News - Burundi: On July 19th, representatives of the Burundian Government failed to appear for talks backed by the East African Community (EAC) aimed at ending the unrest caused by President Pierre Nkurunziza’s controversial bid for a third term. Ugandan Defense Minister Crispus Kiyonga, who was acting as mediator, reported the Government’s failure to participate forced the mediation to be adjourned before the presidential election scheduled for July 21st, but stopped short of saying the talks had collapsed. Meanwhile, Burundian Interior Minister Edouard Nduwimana said the Burundian Government skipped the meeting because of statements made by the opposition about the need for democratic institutions, which led government representatives to become skeptical of a coup. Please see full Update below for more information.more

Africa Update - July 2015 #2

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from Leading the News Burundi: On July 2nd, due to the precarious political and security situation in Burundi and the Government of Burundi’s unwillingness to engage in good faith efforts to negotiate a solution, the U.S. suspended several security assistance programs on which it had cooperated with Burundi. In response to the abuses committed by members of the police during political protests, the U.S. suspended all International Law Enforcement Academy and Anti-Terrorism Assistance training for Burundian law enforcement agencies, upcoming training for the Burundian military under the Department of Defense’s (DOD) Section 1206 Train and Equip program, and training and assistance under the Africa Military Education Program. While repeating its call for the delay of the presidential election scheduled for July 15th, the U.S. Government also indicated the ongoing instability in Burundi would be taken into consideration during the upcoming review of the country’s eligibility for the trade preferences available under the African Growth and Opportunity Act (AGOA). On July 3rd, the United Nations (U.N.) electoral observer mission said the parliamentary and local elections held in Burundi on June 29th that were racked by violence and boycotted by the opposition were not free or credible. During the elections, the U.N. reported a tense political crisis and a climate of widespread fear and intimidation in parts of the country. As a result, the U.N. urged the Government of Burundi to further delay the presidential polls set for July 15th. Please see full Issue below for more information.more

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