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Q&A: The Economic Crime and Corporate Transparency Act

Headlines- • The Economic Crime and Corporate Transparency Act (the “Act”) is part of a wide legislative package to prevent abuse of UK corporate structures and tackle economic crime and received Royal Assent on 26 October...more

UK Data Recording Obligations – Have You Got the Message?

In recent weeks, the use of encrypted messaging applications for business purposes has returned to the spotlight. In July 2023, legal challenges surrounding the disclosure of messages on devices used by former Prime Minister...more

UK Government Details Proposed “Failure to Prevent Fraud” Offence

The UK government has tabled an amendment to the Economic Crime and Corporate Transparency Bill so as to introduce a “failure to prevent” fraud offence. Details in the amended bill provide the greatest clarity to date of the...more

Impact of Sanctions on English Contractual Performance – Case Update

In a recent decision, the English High Court has demonstrated its willingness to interpret contractual provisions broadly so as to enable performance in circumstances where the imposition of sanctions on a counterparty...more

OFSI Issues Long-Awaited Guidance on Ownership and Control

The UK Office of Financial Sanctions Implementation (OFSI) has issued long-awaited further guidance on ownership and control of entities by sanctioned persons. The new guidance was issued in an updated version of OFSI’s...more

Sanctions Year in Review 2022 – Part II: Russia

As Russia’s war in Ukraine passes the one-year mark, and the battles on the ground move forward with escalating levels of ferocity, governments around the world continue to coordinate and respond with increasingly severe...more

Managing Sanctions Risks Through Express Contract Provisions

The Singapore High Court recently ruled that a party to a Singapore law-governed contract was justified in relying on a sanctions clause in the contract to refuse payment to the counterparty in an effort to avoid breaching...more

Corporate Sustainability: EU to Expand ESG-Related Reporting Obligations

On November 28, 2022, the European Council gave its final approval to a new Corporate Sustainability Reporting Directive (CSRD). Once transposed into the laws of the EU members states, the new set of rules will replace the...more

Coalition Powers Impose Russian Oil Price Cap and Outline Implementation

As Russia’s war in Ukraine stretches into its tenth month, governments around the world continue to coordinate and respond with increasingly severe sanctions and export controls....more

Proposed Registration Requirements for UK Foreign Influence Activities

The UK government has proposed new registration requirements for foreign influence activities in the UK as part of its attempts to strengthen the resilience of the UK’s political system and democratic institutions against...more

Truly Green or Emperor’s New Clothes? - The UK CMA Targets Fast Fashion First In Its Investigation of Sustainability Claims

On 29 July 2022, the UK Competition and Markets Authority (CMA) launched an investigation into three fashion firms over potentially misleading eco-friendly and sustainability claims about their products....more

UK Authorities Issue Red Alert on Russia Sanctions Evasion Typologies

On 13 July 2022, the National Economic Crime Centre, a multi-agency unit in the National Crime Agency (NCA), and the Office of Financial Sanctions Implementation, working in conjunction with law enforcement and financial...more

OFSI Fines UK Firm Located Overseas for UK Financial Sanctions Breach

The Office of Financial Sanctions Implementation (OFSI) imposed a £15,000 penalty on UAE-based and UK-registered entity, Tracerco Limited (Tracerco), for breaching UK sanctions when it purchased flights for an employee from...more

New Climate-Related Financial Disclosures for Private Companies and LLPs

Companies and limited liability partnerships (LLPs) “with the greatest economic and environmental impact” are now subject to the legal requirement to assess their climate risks and disclose climate-related financial...more

FRC Report Highlights Shortcomings in UK Modern Slavery Corporate Reporting

On 25 April 2022, in collaboration with the UK Independent Anti-Slavery Commissioner, the Financial Reporting Council (“FRC”) published a report on Modern Slavery Reporting Practices in the UK (the “Report”). ...more

UK Quarterly Review: Business Crime, Investigations, and Regulatory Enforcement - April 2022

As the world watches in horror as the Russian invasion of Ukraine continues to unfold, the UK, as well as its allies and partners, has introduced a number of sanctions and trade restrictions in response. In this Quarterly...more

Global Sanctions on Russia Escalate in Response to Russia’s Continued Bloody Invasion of Ukraine

As Russia’s bloody invasion of Ukraine nears the end of its second month, with regular reports of human rights violations, possible chemical weapons attacks, and head of state musings regarding whether this campaign amounts...more

U.S., EU, and UK Sanctions on Russia Escalate in Response to Russia’s Continued Invasion of Ukraine

As Russia’s brutal invasion of Ukraine stretches on into its second month, the United States, European Union, United Kingdom, and other global allies have continued to pour additional funding and arms into Ukraine while...more

Risks Increase as UK Government Seeks to Introduce Strict Liability for Sanction Breaches

At a time when sanctions are very much in the spotlight, the UK government has proposed amendments to its sanctions regime in order to introduce a ‘strict civil liability’ test for sanctions breaches....more

Ukraine Crisis: UK Parliament Targets Opaque Property Ownership

In the wake of Russia’s invasion of Ukraine, the UK government has brought forward legislation that aims to crack down on foreign owners laundering dirty money through UK property and make it easier for law enforcement...more

United States, European Union, United Kingdom, and Other Nations Impose Sanctions in Response to Russia’s Brutal Invasion of...

After less than a week of a full-scale war between Russia and Ukraine, the post-Cold War global architecture appears irrevocably shattered, as Western nations line up to offer support and military and economic aid to Ukraine...more

Promotion of Cryptoassets to UK Consumers to be Regulated by the UK Financial Conduct Authority

As expected, the UK Government has announced, in its January 2022 consultation response (“the Response”), that the promotion of cryptoassets to UK consumers is to be regulated. This represents a significant step towards...more

UK Expands Russia Sanctions Regime in Anticipation of Ukraine Invasion

The UK government has widened the scope of its Russia sanctions regulations in anticipation of a Russian invasion of Ukraine. The amendments to the existing Russia sanctions regulations significantly broaden the definition of...more

2/15/2022  /  Amended Regulation , EU , Russia , Sanctions , UK , Ukraine

A Step Down the Road: Mandatory TCFD-Aligned Disclosures

Our previous Client Alert of 5 November 2021 discussed the UK government’s policy paper “Greening Finance: A Roadmap to Sustainable Investing” (the “Roadmap”). The Financial Conduct Authority (FCA), on 17 December 2021,...more

UK Quarterly Review: Business Crime, Investigations, and Regulatory Enforcement - December 2021

In the final Quarterly Review of 2021, we reflect on a year that has seen the UK acclimatise to life outside of the EU, whilst, like the rest of the world, contending with the difficulties brought on by the global coronavirus...more

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