The Situation: Prior to the enactment of Capital Requirements Directive ("CRD") VI, corporate governance rules for the financial services industry were not harmonized across EU Member States....more
The Situation: The European Union ("EU") banking legislation has been substantially reviewed and provides notably for a new regime applicable to cross-border activities from non-EU jurisdictions....more
In 2022, anti-money laundering ("AML") and sanctions controls were at the center of regulatory and enforcement activities in the United States and abroad. Globally, governments have continued to recognize the impact of AML...more
On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more
On June 30, 2021, FinCEN announced the first set of government-wide AML/CFT Priorities, as required by the Anti-Money Laundering Act of 2020 ("AML Act"). Consistent with the National Strategy for Combating Terrorist and Other...more
7/14/2021
/ AML/CFT ,
Anti-Corruption ,
Anti-Money Laundering ,
BSA/AML ,
Compliance Management Systems ,
Convertible Virtual Currencies (CVCs) ,
Corruption ,
Cross-Border Transactions ,
Financial Crimes ,
Financial Institutions ,
Financial Transactions ,
FinCEN ,
Money Laundering ,
Terrorism Funding ,
Terrorist Financing Regulations
On June 30, 2021, FinCEN announced the first set of government-wide AML/CFT Priorities, as required by the Anti-Money Laundering Act of 2020 ("AML Act"). Consistent with the National Strategy for Combating Terrorist and Other...more
7/9/2021
/ AML/CFT ,
Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Cooperative Compliance Regime ,
Cyber Crimes ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Money Laundering ,
New Guidance ,
Policy Statement ,
Suspicious Activities ,
Terrorist Financing Regulations
An interest group of EU banks that was formed to assist European financial institutions with their use of public cloud technology recently suggested model terms for the compliant use of cloud technology.
On May 17, 2021,...more
German financial institutions may need to consider a risk framework for monitoring their customers' compliance with social and environmental standards.
The German Federal Government recently proposed a draft act on...more
2020 witnessed a flurry of anti-money laundering activity, with the issues and developments continuing to be global in scope. In the United States, suspicious activity reports, outlining transactions involving terrorism...more
The Situation: On January 1, 2021, the U.S. Congress enacted the most significant reforms to U.S. anti-money laundering laws in decades. The Anti-Money Laundering Act of 2020 ("AMLA") and the Corporate Transparency Act...more
The Development: New Regulation (EU) 2020/2176 (the "Regulation") provides regulatory capital relief, allowing certain software assets to be considered when calculating Common Equity Tier 1 ("CET1") capital. It entered into...more
The Situation: The U.S. Congress recently passed landmark anti-money laundering ("AML") legislation for the first time since enactment of the USA PATRIOT Act in 2001. The Anti-Money Laundering Act of 2020 ("AMLA") passed both...more
In Short: Since the Cum-Ex Files were released in 2018, the European Banking Authority ("EBA") has been conducting research, through surveys sent to competent authorities, about the risks posed by dividend trading arbitrage...more
The Situation: On June 3, 2020, the European Securities Market Authority ("ESMA") published a consultation paper on Outsourcing to Cloud Service Providers ("Proposed Guidelines"), which will apply to any institution under the...more
The Situation: The European Banking Authority ("EBA") issued its Action Plan on Sustainable Finance ("Action Plan") on December 6, 2019, setting forth an outline for its deliverables and activities related to environmental,...more
The Situation: The LIBOR manipulation scandal and vanishing liquidity in the London inter-bank market for time deposits led the Financial Conduct Authority ("FCA") to announce that at the end of 2021, banks would no longer be...more
7/8/2019
/ Bank of England ,
Banking Sector ,
Collateral ,
Comment Period ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Libor ,
Liquidity Coverage Ratio ,
Market Manipulation ,
Risk Management ,
Risk-Based Approaches ,
Sterling Overnight Index Average (SONIA) ,
UK
The Situation: The European Banking Authority ("EBA") published its Final Report on EBA Draft Guidelines on Outsourcing Arrangements ("Guidelines") on February 25, 2019, which will eventually replace the existing CEBS...more
The Situation: In response to recent cases of money laundering in European banks, the European Union has released an action plan to reinforce its recently proposed anti-money laundering ("AML") and Countering Financing of...more
The EU Commission is proposing measures to increase financial sector supervision in the wake of money laundering incidents.
The European Commission recently proposed expanding the Europe Banking Authority’s ("EBA") mandate...more
10/2/2018
/ Amended Legislation ,
Anti-Money Laundering ,
Cross-Border ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Member State ,
Risk Assessment
The Situation: The European Central Bank ("ECB") has announced that it will set bank-specific supervisory expectations for the provisioning of non-performing loans ("NPLs") in a consistent way across comparable banks, which...more