Congressional Hearing: Managing Terrorism Financing Risk in Remittances and Money Transfers

Congressional Subcommittee to Hold Hearing on Terrorism Financing Risk in Remittances and Money Transfers  The U.S. House of Representatives Financial Services Committee (the “FSC“) Terrorism and Illicit Finance Subcommittee will on July 18, 2017 hold a hearing entitled “Managing Terrorism Financing Risk in Remittances and Money Transfers.”  The FSC memorandum to all of its members states that the “hearing will explore the terrorist and illicit financing risks that are inherent in any form of asset transfer whether through formal banking channels, MSBs, other legitimate remittance networks, or through informal and unregulated value-transfer systems.”  Concerns about the terrorism financing risks posed by non-bank facilitated money transfers have been constant since 9/11. The FSC’s memorandum describing… Read More

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Correspondent Banking and Derisking Update

Financial Stability Board Publishes Action Plan to Address Decline in Correspondent Banking/Derisking Correspondent Banking Update |  July 4, 2017  | Author: Hdeel Abdelhady Ahead of the upcoming G20 meeting, the Financial Stability Board (FSB) published today, July 4, 2017, a progress report on efforts to address the withdrawal of correspondent banking relationships (derisking) and its action plan to assess and address derisking. Among the areas of concern and action items identified by the FSB are remittances and building the capacity of affected respondent bank jurisdictions to effectively identify and counter money laundering, terrorism finance, and other illicit financial activities. Importantly, the FSB has stated that its efforts will focus not just… Read More

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State-Owned Enterprises and Anti-Corruption Enforcement

Anti-Corruption Enforcement and State-Owned Enterprises: Understand Unique Risks and Incentivize Compliance State-owned enterprises (SOEs, including sovereign wealth funds) are prominent players in international business. Given their ownership, SOEs have garnered scrutiny for their lack of transparency and heightened anti-corruption and anti-money laundering risk, as have individual SOE executives and other personnel who qualify as Politically Exposed Persons. In connection with commercial activities, SOEs are not protected in most cases by sovereign immunity. Thus, SOEs can, like their privately-owned counterparts, be subject to foreign legal processes. Given the greater scrutiny around SOEs and some of the high profile enforcement actions involving them directly or indirectly (for example, the 1MDB case), anti-corruption… Read More

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China’s One Belt One Road Could Disrupt U.S. Legal Dominance

How China's One Belt One Road Will Open Trade Routes and Raise Barriers to U.S. Law Source: The Economist On May 14, 2017, President Xi Jinping of China outlined plans to fund China's One Belt, One Road (OBOR) initiative. If successful, OBOR would alter the global trade landscape and, secondarily, likely curtail the global reach of U.S. law. The potential legal effects of the OBOR and other non-U.S. dollar- and Bretton Woods system-centric trade and finance initiatives were discussed in an earlier MassPoint Occasional Note. Given President Xi's fresh announcement of concrete plans to carry forward the OBOR project, MassPoint's earlier discussion of the project's potential curtailment of the global reach of… Read More Continue Reading

Hdeel Abdelhady Appointed ABA Liaison to Dubai International Financial Centre Courts (DIFC Courts)

-April 4, 2017- Hdeel Abdelhady has been appointed to serve as the American Bar Association (ABA) Section of International Law's Liaison to the Dubai International Financial Centre Courts (DIFC Courts). Ms. Abdelhady, who is MassPoint's Founder and Principal, has lived and worked in Dubai and previously worked in the DIFC and collaborated with DIFC entities. Ms. Abdelhady currently serves as a Co-Chair of the ABA Section of International Law's Middle East Committee, which she has led for three years as a Co-Chair. She also serves on the Board of the American Bar Association Rule of Law Initiative's Middle East and North Africa Council and as the ABA Section of International Law's Liaison to… Read More Continue Reading

Identifying UAE “Foreign Officials” for Anti-Corruption Compliance Purposes

Identifying UAE “Foreign Officials” for Anti-Corruption Compliance Purposes Companies and other organizations doing business in the UAE or with enterprises owned in part by a UAE Government party at any level (e.g., the federal/union government or a government of one of the country’s constituent emirates (e.g., Dubai, Abu Dhabi, Ras al Khaimah), or entities owned in part by any of them, should be aware that under UAE law, the definition of “public official” (i.e., a government official) includes employees and directors of enterprises in which a UAE Government party holds less than a majority ownership stake and does not, formally or effectively, exercise control. Definition of “Public Official” Under UAE… Read More

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Senate Bill to Combat ISIS Targets “Jurisdictions of Terrorism Financing Concern”

On February 13, 2017, Senator Bob Casey (D-PA) introduced in the Senate the “Stop Terrorist Operational Resources and Money Act” (the “STORM Act”). The purpose of the STORM Act is to “establish a designation for jurisdictions permissive to terrorism financing, to build the capacity of partner nations to investigate, prosecute, and hold accountable terrorist financiers, to impose restrictions on foreign financial institutions that provide financial services for terrorist organizations, and for other purposes.” The STORM Act would permit the President to designate a country as a “Jurisdiction of Terrorism Financing Concern” upon determining that “government officials know, or should know, that activities are taking place within the country that substantially… Read More

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Trump’s Foreign Policy May Further Strain Foreign Correspondent Banking (Derisking)

Download PDF Foreign correspondent banking relationships (FCBRs) have come under strain in recent years as major global and regional banks have de-risked from FCBRs that have posed (or have been perceived to pose) more legal risk and administrative costs than commercial benefits. The de-risking trend and its resulting diminishment of access to legitimate financial services by individual customers, classes of customers, and regions (among others) has raised concern among national governments and multilateral institutions that have, from 2015 most noticeably, conducted studies on de-risking to determine its extent and effects, as well as to identify potential solutions. Regional government and banking associations have sounded alarms about the deleterious effects of de-risking on… Read More Continue Reading