OFAC’s Revised Reporting Rules Create New Compliance Requirements for All U.S. Persons

Ballard Spahr LLP
Contact

Ballard Spahr LLP

Foreign Banks Reliant on U.S. Correspondent Services Should Take Note of New Rules

We are pleased to present this guest blog by Hdeel Abdelhady, who is a Washington, D.C.-based attorney and Principal at MassPoint Legal and Strategy Advisory PLLC.

As Ms. Abdelhady discusses, the Office of Foreign Assets Control (OFAC) issued on June 21, 2019 an interim final rule (the “IFR”) amending provisions of the Reporting, Procedures, and Penalties Regulations applicable to OFAC-administered sanctions programs at 31 C.F.R. Part 501. The IFR became effective upon publication in the Federal Register on June 21. OFAC has requested public comments, which are due by July 22, 2019. The IFR has many important potential consequences, including for foreign banks that rely on U.S. correspondent banking services, as well as U.S. financial institutions facing additional compliance burdens.

We hope that you enjoy this discussion by Ms. Abdelhady of this important development. –Peter Hardy

In addition to effectuating technical and conforming amendments, the IFR revises Trading With the Enemy Act (TWEA) penalties and amends reporting requirements and procedures applicable to initial and annual blocked property reports, unblocked property reports, and the unblocking of funds due to mistaken identity. Additionally, the IFR revises reporting requirements applicable to “rejected transactions.” The rejected transactions amendment is the most substantial of the revisions, and is the focus of this update.

“Rejected Transactions” Reporting: Additional Compliance Obligations for Financial Institutions; New Compliance Obligations Businesses, Nonprofits, Inividuals, and Foreign Entities Owned or Controlled by U.S. Persons

The most consequential revision made by the IFR is at 31 C.F.R. § 501.64, now titled Reports on rejected transactions. Previously titled Reports by U.S. financial institutions on rejected funds transfers, pre-amendment § 501.604 was effective from August 1, 2016 to June 20, 2019. OFAC stated in the IFR that, by amending § 501.604, it was “clarifying the breadth of the existing requirement for reporting on rejected funds transactions.” But as the title change indicates, the June 21 amendment did more than clarify. The revised rule effectuated two significant changes. First, rejected transaction reporting requirements now apply to all “U.S. persons,” rather than only to financial institutions. Second, reportable “rejected transactions” are no longer limited to “funds transfers.”

(1) In Addition to Financial Institutions, U.S. Business Organizations, Nonprofits, and Individuals, As Well As Foreign Entities Under U.S. Ownership or Control, Must Report Rejected Transactions

As of June 21, “[a]ny U.S. person (or person subject to U.S. jurisdiction), including a financial institution, that rejects a transaction” that, while not blocked, would nevertheless violate sanctions regulations if processed or engaged in, must report the rejected transaction to OFAC within 10 business days. This language significantly expands rejected transactions reporting obligations to parties and activities within and outside of the United States, as follows.

  • All “U.S. Persons” Must Report. Under pre-amendment § 501.604 only U.S. “financial institutions” were required to report rejected “funds transfers.” As of June 21, all “U.S. persons” must report. The change is expansive. Across OFAC-administered sanctions programs, the term “U.S. persons” means U.S. citizens and lawful permanent residents (wherever located); entities organized under the laws of a U.S. jurisdiction (and their foreign branches); and, any foreign person in the United States. (See, e.g., Iranian Transactions and Sanctions Regulations at 31 C.F.R. § 560.314; Ukraine Related Sanctions Regulations at 31 C.F.R. § 589.312).
  • Foreign Entities Owned or Controlled by U.S. Persons Must Report. Amended § 501.604 also requires foreign persons “subject to U.S. jurisdiction” to report rejected transactions to OFAC. The term “persons subject to U.S. jurisdiction” is generally understood to include foreign corporations, partnerships, associations, and other organizations owned or controlled by U.S. individuals, companies, and other “U.S. persons.” (See, for example, Cuban Assets Control Regulations at 31 C.F.R. §515.329).
  • It has been generally understood that foreign subsidiaries of U.S. companies have been required to comply with OFAC sanctions regulations when specifically required to do so by a particular sanctions program. The default rule is that foreign subsidiaries of U.S. companies are not required to comply. (See, e.g., OFAC FAQs, No. 11). If, as its text suggests, amended § 501.604 incorporates the definition of “person subject to U.S. jurisdiction” contained elsewhere in OFAC sanctions regulations or otherwise requires reporting by U.S.-owned or controlled foreign entities, the amended rule effectuates a substantive change to sanctions regulations, beyond reporting. Foreign entities owned or controlled by U.S. persons are now required by rule to not only report rejected transactions, but to reject transactions in the first instance (as may have been extrapolated ad hoc from prior OFAC enforcement action). Thus, for example, a French company owned or controlled by U.S. persons would be required to reject and report a sanctions-prohibited transaction benefitting a party in a country subject to comprehensive sanctions (namely Cuba and Iran at the present time).

(2) Substantial Expansion of Scope of Reportable Rejected Transactions

Pre-amendment § 501.604 required financial institutions to report to OFAC rejected “funds transfers.” As of June 21, the scope of reportable rejected transactions extends well beyond “funds transfers.” Under amended § 501.604, “the term transaction includes transactions related to wire transfers, trade finance, securities, checks, foreign exchange, and goods or services.”

The definition of “transaction” is even broader than it might first appear. First, the transactions enumerated in the definition are illustrative, not exhaustive. Second, the definition covers transactions both in and “related to” the enumerated transactions. Third, with the exception of “wire transfers” (and perhaps to a lesser extent “foreign exchange”), the listed transaction types can be construed to encompass a vast range of activities. For example, “trade finance” might include receivables financing, documentary credits, and open account financing; transactions related to “securities” arguably include activities beyond the purchase and sale of “securities” (a term broadly defined under U.S. law, namely the Securities Act of 1933); and, transactions in and related to “goods or services” conceivably subsume most, if not all, transactions.

(3) Rejected Transactions Reports Now Require Greater Detail

OFAC’s revision to the rejected transactions regulation requires reporting parties to state with greater specificity the legal basis for rejecting transactions. Prior to the June 21 amendment, financial institutions were required to “state the basis for” rejecting funds transfers. As of June 21, reporting parties are required to state in reports the “legal authority or authorities under which the transaction was rejected,” such as references to specific OFAC-administered sanctions programs or provisions of OFAC sanctions regulations. As discussed below, the specificity required by the amended rule should be considered in assessing the compliance burden imposed by the IFR.

In addition, reports of rejected transactions must include, among other information:

  • a description of the transaction;
  • the identities of parties “participating in transaction” including “customers, beneficiaries, originators, letter of credit applicants, and their banks”;
  • names of intermediary, correspondent, issuing, and advising or confirming banks;
  • a description of the property “that is the subject of the transaction”;
  • account or reference numbers;
  • the identities of “associated sanctions targets” (e.g., sanctioned parties who are not direct or disclosed parties to a transaction);
  • the actual known or estimated value of the transaction;
  • a “narrative description” of the “value of a shipment” related to “rejected trade documents” (e.g., letters of credit); and,
  • copies of transaction documentation, such as bills of lading, invoices, or “other relevant documentation received in connection with the transaction.”

Parties newly required to report rejected transactions to OFAC should take steps to align their documentation and recordkeeping practices with amended § 501.604.

(4) Revised Rejected Transactions Form

OFAC has revised its rejected transactions form, the use of which remains voluntary. The revised form, titled Report on Rejected Transaction, retains its pre-revision form number TD-F 93.07, and is available at the Treasury Department’s website. Parties that choose to not use the rejected transactions form must nevertheless provide all information required by amended § 501.604. OFAC has estimated that the time required to complete a report of a rejected transaction is one half hour (0.5 hours). This estimate appears to be optimistic, or perhaps assumes that reports will be completed only by highly experienced filers or automation. As discussed below, parties submitting comments on the IFR should address its associated compliance burdens.

FOIA and Public Disclosure: Legal and Non-Legal Considerations

Reporting and licensing submissions made to OFAC are subject to the Freedom of Information Act (FOIA), and amended § 501.604 contains new language clarifying FOIA’s applicability. Information provided to OFAC in and with reports of rejected transactions (along with reports pertaining to blocked property and specific license applications) will generally be released by OFAC upon the receipt of a “valid” FOIA request, “unless OFAC determines that such information should be withheld in accordance with an applicable FOIA exemption.” (See, e.g., 31 C.F.R. §§ 501.603 (blocked and unblocked property), 501.604, and 501.801 (licensing)).

Parties submitting reports (or licensing applications) to OFAC, as well as those mentioned in reports (such as foreign intermediary banks), should be mindful that information about their specific transactions, customers, and business generally is subject to public access. They should bear in mind also that the public disclosure of information can create reputational and other commercial risks, or collateral legal risks, such as where reports submitted to OFAC contain information having evidentiary or other value to third parties (e.g., businesses, individuals, or enforcement authorities other than OFAC).

Issues for Foreign Banks Reliant on U.S. Correspondent Services, De-Risking Context

Given the importance of correspondent (or intermediary) banking to trade and other cross-border transactions, foreign banks that rely on U.S. correspondent services have an indirect interest in understanding OFAC’s amended rejected transactions rule. For example, foreign banks that appear in rejected transaction reports that yield information about sanctions violations (including sanctions evasion) or other financial crimes should understand that such information is now more likely to be readily available to OFAC (and, potentially, to other enforcement authorities, such as the Financial Crimes Enforcement Network (FinCEN, also a part of the Treasury Department)).

Considering the stifling climate of de-risking, foreign banks seeking to avoid new or further withdrawals of correspondent banking relationships—whether driven by commercial or legal motives—should take steps to adapt recordkeeping and documentation practices to avoid disruptive actions by U.S. banks in response to rejected transaction reports.

Substantive and Compliance Burden Issues for Public Comment

Given the substantive scope and wide applicability of amended § 501.604, as well as some of its ambiguities, parties with interests in submitting comments on the IFR should formulate comments that invite clarification of the amended rules and provide practical input as to the burden of compliance with the IFR. Select issues for comment might include the following.

  • When Must a Transaction be Rejected and Reported by a Non-Financial Institution?

Amended § 501.604 provides a non-exhaustive list of potentially reportable rejected “transactions,” but the regulation does not elaborate on the meaning of “rejected.” In contrast, pre-amendment § 501.604 included examples of “rejected transfers,” such as “making unauthorized transfers from U.S. persons to Iran or the Government of Iran” or “crediting Iranian accounts on the books of a U.S. financial institution.” Moreover, under the prior § 501.604, the point at which a financial institution would have been in a position to “reject” a “funds transfer” was fairly clear (such as upon rejection of an instruction to process a prohibited funds transfer).

Amended § 501.604 is not as straightforward, and its language leaves open questions. For example, does a U.S. company have a reportable rejected transaction if it declines an unsolicited offer to sell U.S. goods to persons in Iran? Is the receipt and rejection by a U.S. company of an unsolicited offer a reportable rejected “transaction,” or does a “transaction” require the existence of a signed contract, or something more than an unsolicited (or solicited) offer? U.S. businesses, nonprofits, and individuals should seek clarification as to when a reportable rejected transaction comes into existence.

  • Compliance Burden; Administrative Law

Because amended § 501.604 and the other revisions made by the IFR involve information collection, the IFR (and associated reporting forms) are subject to the Paperwork Reduction Act of 1995 and review and approval by the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). As the revised rejected transactions rule creates additional compliance obligations for U.S. financial institutions and new compliance obligations for non-financial institution U.S. persons, the burden of compliance merits close attention. Among other issues, public comments should address the following issues.

  • Compliance Burden for U.S. Businesses, Nonprofits, and Foreign Entities “Subject to U.S. Jurisdiction”; Potential Conflicts of Law for Foreign Entities Owned or Controlled by U.S. Persons

Compliance burdens for non-financial institutions will vary, depending, for example, on industry, international engagement, size, and compliance infrastructure. U.S. businesses and non-profit organizations, as well as foreign entities owned or controlled by U.S. persons, should assess the upfront and continuing time and financial costs of compliance with the IFR, including for compliance education and training (internally or externally sourced), software, recordkeeping, and staffing.

In addition, foreign entities owned or controlled by U.S. persons, along with their U.S. owning or controlling parties, should assess if and how OFAC’s rejected transactions reporting requirement intersects or potentially conflicts with applicable laws of the foreign jurisdictions in which they are organized or operate.

  • Additional Compliance Burdens for U.S. Financial Institutions

U.S. financial institutions (including the U.S. branches, agencies, and offices of foreign financial institutions) should consider whether their existing sanctions compliance software and systems are capable of capturing and feeding into reports to OFAC the information required by amended § 501.604. If not, financial institutions should consider the costs of compliance, such as for adapting or acquiring applications or software.

In addition, financial institutions should assess the extent to which their compliance or other responsible personnel are equipped to accurately identify specific OFAC sanctions programs or regulatory provisions in support of rejected transactions, as required by the amended rule. The compliance burdens associated with citing specific sanctions programs or regulations are also relevant to assessing OFAC’s amended rule on blocked property reporting, which is at 31 C.F.R. § 501.603 and states that “the term ‘SDN’ is generic and cannot be used to identify the legal authority for blocking property.”

Submission of Comments to OFAC and/or the OIRA

Comments on the substantive sanctions provisions of the IFR should be submitted to OFAC, by mail or through the Federal eRulmaking Portal, in accordance with the instructions provided in the IFR published in the Federal Register.

Comments on the compliance burdens associated with the IFR should be submitted to the OIRA as instructed in the IFR. OFAC has invited comments on the compliance justification and burdens associated with the IFR, including “the accuracy” of its “estimate of the burden of the collection of information” and the “estimated capital and start-up costs of the operation, maintenance, and/or purchase of services to provide information.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

Written by:

Ballard Spahr LLP
Contact
more
less

Ballard Spahr LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.