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|World Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed|
Annie Clarke, Jamie Humphreys, James Maton, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
December 5, 2013, previously published on December 3, 2013The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...
|European Commission Proposes New Ground Rules for US Safe Harbor|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 2, 2013, previously published on November 28, 2013(LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would like to see the US adopt. While it would be a bit premature to...
|Canada Joins the International Centre for Settlement of Investment Disputes|
November 28, 2013, previously published on November 27, 2013On November 1, 2013 Canada ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “Convention”).
|Canada Ratifies International Arbitration Protocol|
David Lederman, Neill May; Goodmans LLP - Toronto;
November 22, 2013, previously published on November 15, 2013Canada will finally adopt the International Centre for Settlement of Investment Disputes (“ICSID”) convention as of December 1, 2013. The convention, which has been adopted by 150 other countries including most of Canada’s frequent trading partners, will have significant impact on...
|Court Fee Increased|
Dentons Canada LLP;
November 19, 2013, previously published on November 8, 2013On 23 October 2013 Law of Ukraine dated 19.09.2013 No. 590-VII “On Amending Certain Legislative Acts of Ukraine concerning Payment of Court Fee” entered into force.
|EU Derivatives Trade Reporting Obligations to Begin on February 12, 2014|
Skadden Arps Slate Meagher Flom LLP;
November 19, 2013, previously published on November 15, 2013Starting February 12, 2014, the European Market Infrastructure Regulation (EMIR) will require EU-counterparties to all derivative contracts, whether traded on or off exchange, to report certain trade information and details to a registered trade repository (TR) for that particular class of...
|Where Do We Stand on the Territorial Scope of EU Data Protection Law Following the Recent European Parliament Vote?|
Marianne Le Moullec; Proskauer Rose LLP;
November 15, 2013, previously published on November 13, 2013The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of future data protection regulation, which may modify and expand the...
|UK Announces Policy Shift in Pursuing Corruption and Bribery|
Jacob A. Manning; Dinsmore & Shohl LLP;
November 8, 2013, previously published on November 6, 2013On October 7, the Secretary of State for the Home Department in the UK released a policy paper entitled, Serious and Organized Crime Strategy, in which the Secretary discussed the government’s strategy towards combating organized crime and among other things, bribery and corruption. The...
|Canada Releases Technical Summary of EU-Canada Trade and Investment Deal|
McCarthy Tetrault LLP;
November 5, 2013, previously published on October 30, 2013On October 29, 2013, Prime Minister Stephen Harper tabled the Technical Summary of Final Negotiated Outcomes of the Comprehensive Economic Trade Agreement (CETA or Agreement). Canada and the EU reached an agreement in principle on CETA on October 18, 2013. Both parties will now seek to conclude the...
|UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report|
Jamie Humphreys, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
November 4, 2013, previously published on October 29, 2013In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...