After a relatively quiet period, UK sanctions updates have picked up pace in recent weeks. We have seen the announcement of an enhanced partnership between US and UK sanctions agencies, updates to reporting requirements, the...more
12/3/2024
/ Asset Freeze ,
Corporate Counsel ,
Economic Sanctions ,
Memorandum of Understanding ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Reporting Requirements ,
Russia ,
UK ,
Ukraine
On 6 November 2024, the UK Government published the much-anticipated guidance on the new corporate offence of failure to prevent fraud (the “Guidance”). The failure to prevent fraud offence forms part of a huge shift in the...more
11/19/2024
/ Compliance ,
Corporate Crimes ,
Corporate Governance ,
Criminal Liability ,
Environmental Social & Governance (ESG) ,
Extraterritoriality Rules ,
Failure to Prevent ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Fraud ,
New Guidance ,
Risk Assessment ,
Serious Fraud Office (SFO) ,
UK ,
Whistleblowers ,
White Collar Crimes
On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more
7/29/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Compliance ,
Due Diligence ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
National Security ,
Popular ,
Russia ,
Ukraine ,
Universities
In conjunction with the Group of Seven (G7) leaders meeting in Italy earlier this month, key jurisdictions issued the latest in a series of coordinated economic restrictions on Russia in light of its invasion of Ukraine in...more
7/1/2024
/ Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Trade Regulations ,
G7 ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Technology ,
UK ,
Ukraine
Recent weeks have seen several notable developments in the UK criminal enforcement landscape...more
5/20/2024
/ Bribery ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Investigations ,
Criminal Liability ,
Criminal Prosecution ,
Due Diligence ,
Fraud ,
Law Enforcement ,
Money Laundering ,
National Crime Agency (NCA) ,
New Guidance ,
Popular ,
Risk Assessment ,
Serious Fraud Office (SFO) ,
Tax Evasion ,
UK
On March 6, 2024, the U.S. Departments of the Treasury, Commerce, and Justice jointly issued a Tri-Seal Compliance Note titled “Obligations of Foreign-Based Persons to Comply with U.S. Sanctions and Export Control Laws”...more
“The first rule of enforcement club is that you do in fact talk about enforcement club”; so Therese Chambers, the UK Financial Conduct Authority’s (FCA) joint executive director of enforcement and market oversight, announced...more
3/13/2024
/ Consultation ,
Enforcement ,
Enforcement Authority ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services and Markets Act ,
Financial Services Industry ,
Public Announcements ,
Public Interest ,
Senior Managers ,
UK
The Director of the UK Serious Fraud Office (SFO), Nick Ephgrave QPM, delivered his maiden public speech on February, 13, 2024, closely followed by visits to key financial centres in the United States to meet with...more
2/28/2024
/ Bribery ,
Collaboration ,
Corporate Crimes ,
Corporate Transparency Act ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Financial Crimes ,
Fraud ,
Law Enforcement ,
Serious Fraud Office (SFO) ,
UK
In the build-up to his appointment as chief executive of the Financial Conduct Authority (FCA) in 2020, Nikhil Rathi stated that his vision for the regulator involved “a stronger, prompter approach to enforcement”. This...more
After a laborious passage through the United Kingdom Parliament, the Economic Crime and Corporate Transparency Act (the Act) received Royal Assent on 26 October 2023. The Director of the UK Serious Fraud Office (SFO) hailed...more
10/31/2023
/ Bribery ,
Compliance ,
Corporate Crimes ,
Corporate Transparency Act ,
Criminal Liability ,
Fraud ,
Money Laundering ,
Regulatory Reform ,
Serious Fraud Office (SFO) ,
Theft ,
UK ,
UK Companies Acts
The UK Financial Conduct Authority (FCA) launched in September a review of the treatment of domestic politically exposed persons (PEPs) by UK-regulated financial services firms. This review will look at firms’ arrangements...more
Companies faced with the decision of whether to voluntarily self-report sanctions breaches to law enforcement or sanctions enforcement agencies in the UK and the US can take some measure of comfort from recent comments made...more
10/16/2023
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Good Faith ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
U.S. Commerce Department ,
U.S. Treasury ,
UK ,
Voluntary Disclosure
On June 15, 2023, the UK Government announced that it would seek to introduce the biggest reform of corporate criminal liability in England and Wales for more than 50 years. ...more
Chartered accountants are accustomed to continuous oversight of their work by regulators. While regulatory supervision can often be a collaborative process, it does sometimes culminate in individual accountants and firms...more
6/7/2023
/ Accountants ,
Anti-Money Laundering ,
Auditors ,
Enforcement Authority ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Reporting Council (FRC) ,
Government Investigations ,
Investigations ,
Regulatory Reform ,
Statutory Penalties ,
Supervision ,
UK
The UK Government yesterday introduced a new corporate “failure to prevent fraud” offence into draft legislation, the Economic Crime and Corporate Transparency Bill (“the Bill”).
This is a significant development in UK...more
4/13/2023
/ Companies Act ,
Compliance ,
Corporate Crimes ,
Corporate Transparency Act ,
Enforcement ,
Financial Crimes ,
Fraud ,
Policies and Procedures ,
Proposed Legislation ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
The Financial Conduct Authority’s (FCA) 2023/24 Business Plan (Business Plan) sets out the FCA’s aim to be viewed as a proactive, assertive and robust regulator, especially in its protection of retail consumers.
Released...more
The Office of Financial Sanctions Implementation (OFSI) has updated its ‘enforcement and monetary penalties for breaches of financial sanctions’ guidance, which was last updated in June 2022. ...more
3/23/2023
/ Business Ownership ,
Change of Ownership ,
Compliance ,
Control Test ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Financial Conduct Authority (FCA) ,
Guidance Update ,
Office of Financial Sanctions Implementation (OFSI) ,
Penalties ,
Strict Liability ,
UK