Recent investigations of financial institutions for “corrupt” hiring of foreign officials’ family members highlight links between anticorruption and AML compliance and enforcement. Financial institutions dealing with politically exposed persons and state-owned enterprises should leverage AML expertise to bolster anticorruption compliance.
Like some emerging economy countries, some EMEs that have had prior success and are financially strong are, at the enterprise level, in transitional phases. These EMEs:(1) are facing changing global and local economic and operating conditions; (2) have newfound global visibility that invites greater public scrutiny; (3) have strategic, next level goals; and, (4) must navigate established and evolving standards of business conduct that are being set and enforced by diverse external constituencies and growing more material to the bottom line. To adapt to changing conditions and advance their objectives efficiently—i.e., by proactively limiting reputational, commercial, legal and other risks and costs and capitalizing on opportunities that favor well-governed enterprises—these EMEs need not just strong governance, but entrepreneurial governance.
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ood insecurity is a global threat. The nature of food and the means of its production make food insecurity a uniquely complex problem with social, political, economic, and ethical dimensions. Serious efforts to promote food security must respond to the complexities of the challenge. At the national level, Middle Eastern countries have attempted to address food insecurity risks through food subsidies, export bans, price ceilings, and other policy measures. Others, particularly Gulf Cooperation Council (“GCC”) states, have sought to bolster food security by acquiring farmland overseas. Acquisitions of overseas farmland and land-use rights by Arab countries and other parties have not been without controversy. The acquisition of agricultural land to produce food exclusively for the benefit of acquirer countries is legally and politically risky. As a region, the Middle East has not explored its potential to sustainably bolster food security by marshaling its combined monetary, natural and human resources for the long-term benefit of its inhabitants. It is in the region’s best interest to identify and pursue strategies to bolster food security, through increased regional production and other means, in ways that are not only economically, legally, and environmentally sustainable, but also are politically, socially, and ethically sound.
American economic and financial heft facilitates the extraterritorial reach of U.S. law. For example, global transactions that are denominated in U.S. dollars and processed through the U.S. financial system “touch” the United States, come within its jurisdiction and create a jurisdictional nexus to foreign parties, property and events associated with those transactions.
BNY’s internships for sovereign wealth fund officials were bribes. Key SEC findings and takeaways for compliance.
United States Adds Russian Direct Investment Fund, Other Russian Financial Services Actors to Sectoral Sanctions List Certain Financing, Debt, and Equity Transactions Remain…
Russia Sanctions Directive 1 explainer.
On July 30, 2015, the Office of Foreign Assets Control (OFAC) made explicit the sanctioned status of certain entities operating in Russia’s financial services sector by adding them to the Sectoral Sanctions Identifications List (SSIL).The SSIL identifies parties subject to U.S. Sanctions targeting specific sectors of the Russian economy (Sectoral Sanctions) within the framework of Ukraine/Russia-related sanctions adopted in response to events in Ukraine. Currently Russia’s financial services, defense, and energy sectors are targeted. Nevertheless, they may encounter legal, commercial, or reputational risk in the context of current or planned business with or involving a sanctioned entity, whether listed on the SSIL (or another sanctions list) or sanctioned as a matter of law (such as under the 50% Rule).
Dollar dominance fuels the global reach of U.S. law, including U.S. sanctions. Emerging trade and finance channels, led by non-Western nations, may if successful stem the global reach of U.S. law.