News & Analysis as of

Human Rights Proceeds of Crime Act 2002 (POCA)

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #4

In this week’s edition we discuss the implications of a decision against the National Crime Agency, which the UK’s Court of Appeal held had misinterpreted the law when it refused to investigate whether imported cotton was...more

Paul Hastings LLP

A Reverse for NCA With Implications for Supply Chain Investigations

Paul Hastings LLP on

Why is this case important? The case challenged a decision by the National Crime Agency (“NCA”) not to carry out investigations into whether consignments of cotton goods were the product of alleged forced labour and/or other...more

Latham & Watkins LLP

UK Court of Appeal Rules NCA’s Refusal to Investigate Cotton Imports From Uyghur Region Unlawful

Latham & Watkins LLP on

The ruling propels UK law enforcement to increase its investigative powers under POCA, and businesses to enhance their supply chain due diligence. On 27 June 2024, the UK Court of Appeal found that the National Crime...more

Cooley LLP

Time to Cotton On: Managing Supply Chain Risks

Cooley LLP on

Introduction Potential criminal activity in international supply chains can create reputational, civil, and criminal risks. This can be particularly difficult to manage when there are many links in a chain from the source of...more

A&O Shearman

Supply chains and UK money laundering considerations

A&O Shearman on

A recent English court ruling has shed light on the approach of UK enforcement authorities to the question of money laundering risks where there is potential forced labour / modern slavery in a supply chain. The ruling will...more

Morgan Lewis

The UK’s NCA May Investigate Cotton Imports Linked to Modern Slavery

Morgan Lewis on

The National Crime Agency (NCA) in the UK has indicated a willingness to investigate companies that import goods made or assembled by forced labourers on the grounds that those products may constitute the proceeds of crime....more

Morrison & Foerster LLP

UK Introduces New Global Anti-Corruption Sanctions Regime

On 26 April 2021, the UK’s first sanctions under the Global Anti-Corruption Sanctions Regulations 2021 (SI 2021/488) (“the Regulations”) came into force. The Regulations are made under the Sanctions and Anti-Money Laundering...more

WilmerHale

Can Kicking and Buck Passing: Reform of Corporate Criminal Liability

WilmerHale on

In January 2017, the UK Government issued a consultation paper calling for evidence on reforming corporate criminal liability for economic crime. Nearly four years later, on 3 November 2020, the Government’s response was...more

Akin Gump Strauss Hauer & Feld LLP

Human Rights Due Diligence: Increasing Regulatory Pressure for Clean Supply Chains

- There is increasing regulatory, commercial and media attention in the U.K. and the EU regarding the role of human rights in company supply chains. - The U.K. and the EU are introducing specific measures around human...more

Hogan Lovells

Amendments to the Proceeds of Crime Act and the New Sanctions and Anti-money Laundering Bill: the UK’s answer to the Global...

Hogan Lovells on

Following the use of a nerve agent in Salisbury earlier this year, there were calls for the UK to adopt a British equivalent to the US Global Magnitsky Act, enabling the state to sanction gross human rights violations...more

Pillsbury Winthrop Shaw Pittman LLP

Retroactive Corporate Liability for Human Rights Abuses

New UK asset forfeiture law empowers prosecutors to seize assets held by companies that have unknowingly benefited from, or assisted, gross human rights abuses—even in the past. The new law creates potential corporate...more

WilmerHale

New confiscation recommendations: a price worth paying?

WilmerHale on

On 15 July 2016, the Home Affairs Committee published a report on the Proceeds of Crime. The report identifies a number of systemic problems with the current confiscation order system and makes several recommendations...more

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