Yesterday’s election has significant implications for international sanctions, particularly with respect to Iran, Cuba, and Russia. Although we do not want to be unduly alarmist, President-elect Trump’s statements on the...more
On June 30, 2016, the New York State Department of Financial Services (“NYSDFS”) adopted a final regulation outlining the attributes of a risk-based transaction monitoring and filtering program that certain New York...more
Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA...more
7/5/2016
/ Books & Records ,
Chief Compliance Officers ,
Compliance ,
Declination ,
Deferred Prosecution Agreements ,
Enforcement Statistics ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Non-Prosecution Agreements ,
Settlement Agreements ,
Strategic Enforcement Plan ,
Subsidiaries ,
UK Bribery Act
In May 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network issued final rules regarding beneficial owner identification obligations for legal entity customers (the “Rule”).
Under the Rule, covered...more
On April 5, 2016, the United States Department of Justice, Criminal Division, Fraud Section launched a one-year Pilot Program that invites companies to self-report potential violations of the Foreign Corrupt Practices Act...more
OFAC amends the Cuban Assets Control Regulations to ease Cuban sanctions in response to President Obama’s policy changes announced on December 17, 2014. These revisions have major implications for the banking and financial...more
4/18/2016
/ Boeing ,
Cuban Assets Control Regulations (CACR) ,
EU ,
General Licenses ,
Iran Sanctions ,
Myanmar ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sudan ,
Syria ,
United Nations
The International Atomic Energy Agency certifies that Iran had complied with all nuclear-related requirements of the Joint Comprehensive Plan of Action leading to the end of United States sanctions against the country...more
Although the United States, the European Union, and the United Nations lifted a number of sanctions targeting Iran on January 16, 2016 (“Implementation Day”) in accordance with the terms of the recent Iran nuclear deal, the...more
The FCPA Digest provides and an invaluable compendium of all Foreign Corrupt Practices Act (FCPA) enforcement actions and private actions including US foreign bribery proceedings including criminal prosecutions, DOJ foreign...more
1/5/2016
/ Bank of New York (BNY) Mellon ,
BHP Billiton ,
Bristol-Myers Squibb ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Goodyear ,
Hitachi ,
PBSJ Corporation ,
PetroTiger ,
Securities and Exchange Commission (SEC)
Although US and EU sanctions targeting Iran are not likely to be lifted before early 2016, there are a number of issues which US and EU-based financial institutions should be aware of in preparation for sanctions relief as a...more
9/28/2015
/ Banking Sector ,
EU ,
Financial Institutions ,
Implementation Day ,
International Atomic Energy Agency ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
SDN List
On August 18, 2015, a divided panel of the US Court of Appeals for the District of Columbia Circuit, in National Association of Manufacturers v. Securities and Exchange Commission (“NAM”), upheld its earlier ruling that held...more
Recently, governmental authorities have pursued corruption investigations in Latin America with a vigor traditionally not seen. One potential result is a significant disruption of business. While there are inherent risks in...more
8/12/2015
/ Chief Compliance Officers ,
Complex Corporate Transactions ,
Compliance ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Joint Venture ,
Latin America ,
Lockheed Martin ,
Nokia ,
Risk Assessment ,
Risk Mitigation ,
Siemens
After almost two years of negotiations, the P5+1 and Iran reach a final comprehensive agreement regarding Iran’s nuclear program, which will likely result in the gradual lifting of international and US sanctions by early next...more
8/4/2015
/ Cuba ,
Enforcement Actions ,
IAEA ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Weapons ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
Sanctions ,
State Sponsors of Terrorism
On July 22, 2015, Shearman & Sterling hosted a client call on Iran sanctions led by Dan Newcomb, Anthony Patten, Barney Reynolds and James Campbell to examine the impact of this historic agreement and discuss how companies...more
After almost two years of negotiations, on July 14, 2015, the E3/EU+3 (China, France, Germany, Russia, the United Kingdom and the United States) and Iran reached an agreement regarding Iran’s nuclear program. The Joint...more
7/16/2015
/ Banking Sector ,
Energy Sector ,
Foreign Relations ,
IAEA ,
Inspections ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Nuclear Power ,
P5+1 Nations ,
SDN List ,
Trade Relations
What are the prospects for business with Iran after the June 30 deadline to complete negotiations over Iran’s nuclear program? In exchange for limitations on Iran’s ability to develop nuclear weapons, the European Union...more
Recent enforcement actions by the Department of Justice and Securities and Exchange Commission have raised the profile of corruption in international sport and highlight unique FCPA compliance concerns. This note will explain...more
6/15/2015
/ BHP Billiton ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Football ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Match Fixing ,
Olympics ,
Popular ,
Securities and Exchange Commission (SEC) ,
Soccer ,
Sports ,
World Cup
The Obama Administration’s recent loosening of trade restrictions on Cuba has the potential to open new opportunities for US businesses. However, there are several obstacles to be overcome before US companies may access...more
5/13/2015
/ Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Development ,
Entrepreneurs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Imports ,
Regulatory Standards ,
Sanctions ,
Trade Relations
In this edition:
- US and EU continue targeting Russia for its activity in Ukraine
- Cuba-related regulatory reforms announced
- P5+1 and Iran reach framework agreement
- US enforcement actions:...more
4/23/2015
/ Commerzbank ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Drug Trafficking ,
Enforcement Actions ,
Iran ,
Office of Foreign Assets Control (OFAC) ,
P5+1 Nations ,
Russia ,
Sanctions ,
Terrorist Threats ,
Ukraine
Recent OFAC and DOJ actions have focused on certain entities – overseas financial institutions – and particular conduct – US dollar clearing and associated “stripping.” The DOJ’s recent $232 million settlement and negotiated...more
4/17/2015
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extraterritoriality Rules ,
Facilitation Payments ,
FFI ,
Internal Controls ,
Manufacturers ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Schlumberger
In this issue:
- US and EU continue sanctions against Russia for its activity in Ukraine;
- US and EU sanctions against the Crimea region;
- US makes major change in Cuban relations;
- The EU...more
1/14/2015
/ Crimea ,
Cuba ,
Drug Trafficking ,
Enforcement Actions ,
EU ,
Foreign Relations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
Syria ,
Trade Relations ,
Ukraine
In this memo:
- Enforcement Actions and Strategies
- Perennial Statutory Issues
- Compliance Guidance
- Unusual Developments
- Private Litigation
- Enforcement in the United...more
1/8/2015
/ Administrative Hearings ,
Alcoa ,
Alstom ,
Avon ,
Bio-Rad Laboratories ,
Bruker ,
Dallas Airmotive ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FOIA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Foreign Subsidiaries ,
Layne Christensen Co ,
Securities and Exchange Commission (SEC) ,
Smith & Wesson ,
Whistleblower Awards
In this issue:
- Recent Trends and Patterns in FCPA Enforcement
- Foreign Bribery Criminal Prosecution Under the FCPA
- Foreign Bribery Civil Actions Instituted by the Department of Justice under the...more
Improper Gifts Alone, Without Cash Bribes, Serve as Basis for SEC’s Latest FCPA Enforcement Action -
Earlier this week, the SEC announced fines for two former defense contractor employees for FCPA violations relating...more
US, EU and Japanese sanctions targeting Russia are becoming increasingly aligned as a result of each jurisdiction’s continued tailoring of sanctions targeting Russia. In each jurisdiction there are now laws which block funds...more