News & Analysis as of

Terrorism Funding

United States Supreme Court Holds that Foreign Corporations May Not Be Held Liable Under the Alien Tort Statute

In Jesner v. Arab Bank, PLC, 584 U.S. ___, 2018 WL 1914663 (U.S. Apr. 24, 2018) (Kennedy, J.), the Supreme Court of the United States held that foreign corporations may not be sued under the Alien Tort Statute (“ATS”), 28...more

US Supreme Court Bars Actions Against Foreign Corporations for Alleged Human Rights Violations

by White & Case LLP on

On Tuesday, the United States Supreme Court ruled that plaintiffs cannot sue foreign corporations for claims brought under the Alien Tort Statute ("ATS"). Part of the Judiciary Act of 1789, the ATS provides federal courts...more

Supreme Court Forecloses Foreign Corporate Liability Under the Alien Tort Statute

• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co. • Although the decision...more

Sanctions Round Up: First Quarter 2018

by Shearman & Sterling LLP on

This quarter saw the announcement of sweeping new sanctions against Russia’s billionaire class and their corporate holdings, and included the Trump Administration’s first issuance of sanctions against Russia for meddling in...more

Luxembourg register of beneficial owners: Are you ready?

by White & Case LLP on

Draft Luxembourg bill of law transposing article 30 of Directive (EU) 2015/849 (the fourth anti-money laundering directive (AMLD IV)). The Luxembourg parliament is reviewing the draft bill of law implementing article 30 of...more

Final EU Guidelines for Payment Service Providers on Preventing Terrorist Financing and Money Laundering in Electronic Fund...

by Shearman & Sterling LLP on

The Joint Committee of the European Supervisory Authorities has published final Guidelines on preventing terrorist financing and money laundering in electronic fund transfers under the EU Wire Transfer Regulation. The Wire...more

De-risking: Improving financial inclusion in MENA

Greater financial inclusion is vital for economic diversity and growth in the Middle East and North Africa (MENA). How can banks ensure their due diligence processes do not end up stifling entrepreneurship and innovation?...more

Congress Proposes National Directory of Beneficial Owners of Legal Entities

by Ballard Spahr LLP on

Congress is considering a new draft bill, the Counter Terrorism and Illicit Finance Act (“CTIFA”), currently in committee in the Senate.  The CTIFA proposes the most substantial overhaul to the Bank Secrecy Act (“BSA”) since...more

EU Adopts Regulations Increasing Transparency in Virtual Currency Trading to Combat Money Laundering, Tax Evasion, and Terrorism...

by Ballard Spahr LLP on

After over a year of negotiations, the European Parliament and its executive arm, the European Council, recently agreed to an amendment to the Fourth Anti-Money Laundering Directive to include measures targeting exchange...more

2017 in review and what to watch for in 2018

by DLA Piper on

2017 has been a year in which the new Financial Markets Conduct Act (FMCA) regime has started to bed in, following the rush to transition by 1 December 2016. The industry is coming to grips with a "new normal" of statutory...more

Luxembourg transparency registers: soon a reality!

by Dentons on

On 6 December 2017, two Bills of Law which will implement articles 30 and 31 of the Directive (EU) 2015/849 of the European Parliament and the Council of 20 May 2015 on the prevention of the use of the financial system for...more

U.K. Regulator Critiques Legal Industry AML Compliance

by Ballard Spahr LLP on

In its “Risk Outlook, Autumn Update” (“Update”) released last week, the Solicitor Regulation Authority (“SRA”), a regulator of solicitors and law firms in England and Wales, found that although the legal sector remains at...more

Small Businesses: Keep the Corporate Transparency Act on Your Radar

by Barley Snyder on

If the federal legislature passes a controversial new proposal, more information will be required when forming or transferring ownership of certain business entities....more

Combatting Money Laundering and Terrorist Financing Through Enhanced AML Information Sharing

by Ballard Spahr LLP on

This blog focuses on suggested improvements to information sharing between financial institutions, and between financial institutions and governments, to better combat money laundering and terrorist financing....more

AML Information Sharing in the U.S. – Section 314 of the Patriot Act

by Ballard Spahr LLP on

As we recently blogged, the Royal United Services Institute (“RUSI”) for Defence and Security Studies — a U.K. think tank – has released a study: The Role of Financial Information-Sharing Partnerships in the Disruption of...more

Jesner v Arab Bank: corporate liability under the Alien Tort Statute?

by Hogan Lovells on

All eyes are once again on the Supreme Court of the United States (SCOTUS) as it turns its attention to the application of the Alien Tort Statute (ATS) to companies accused of complicity in human rights violations committed...more

Corporate Liability and the Alien Tort Statute: Highlights from the Oral Arguments in Jesner v. Arab Bank

On Wednesday, October 11, the U.S. Supreme Court heard oral arguments in Jesner v. Arab Bank. The case may once and for all determine whether companies are appropriate defendants in cases filed pursuant to the Alien Tort...more

U.S. Announces Revocation of Sudanese Sanctions Regulations: New Opportunities and Familiar Risks

by Ropes & Gray LLP on

On October 6, 2017, the United States government announced that, effective October 12th, the Sudanese Sanctions Regulations (“SSR”) would be officially revoked. The October 6th announcement marked the culmination of a...more

Anti-money laundering bulletin - Autumn 2017

by DLA Piper on

DLA Piper’s Financial Services Regulatory team welcomes you to the Autumn 2017 edition of our Anti-Money Laundering (AML) Bulletin. In this issue, we provide updates on AML developments in the UK and internationally,...more

Expanded Russia, Iran, and North Korea Sanctions; Top 10 Takeaways (Japanese Translation)

by Latham & Watkins LLP on

President Trump signs the “Countering America’s Adversaries Through Sanctions Act,” which — among other measures — requires Congressional review to ease Russia-related sanctions. On Wednesday, August 2, 2017, President...more

The responsibility to respect human rights in the banking sector

by Hogan Lovells on

The question of how the UN Guiding Principles on Business and Human Rights (UNGPs) should apply to the banking and financial services sector is one that is attracting increasing attention. Indeed, the dialogue has intensified...more

As Digital Currency Spreads, So Does its Global Regulation: India and Australia Enter the Fray

by Ballard Spahr LLP on

As digital currency becomes more ubiquitous, state and federal regulators across the United States, as well as regulators in many other countries, are examining how existing regulatory structures need to be adapted to account...more

Financial Intelligence – what businesses need to know

by Hogan Lovells on

The Financial Intelligence Centre Amendment Act (the Act) was enacted by President Jacob Zuma, and published in the Government Gazette on 2 May 2017. The Act is designed to make the South African financial system...more

On the ‘Front Lines’ of Battling Terrorism

With two decades of experience in bank fraud investigations and anti-money laundering compliance—including the creation of early-warning systems to detect potential money laundering and suspicious activity—Thomas Bock was...more

AML Due Diligence Standards for U.S. Lawyers

by Ballard Spahr LLP on

Increasingly, international bodies are calling for higher standards for gatekeepers, known in the parlance of the Financial Action Task Force (“FATF”) as “designated non-financial businesses and professions” (“DNFBPs”)....more

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Cybersecurity

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