Eversheds Sutherland’s Post

The latest Commercially Connected short is out now, highlighting the latest developments in #CommercialLaw

Find out the latest UK and EU #CommercialLaw updates in our weekly bitesize newsletter, Commercially Connected Shorts. This edition includes: 🌐 EU Commission consultation on #NIS2 draft Implementing Regulation 🌐 lessons from case law: clarity of drafting contracts 🌐 UK Economic Crime and Corporate Transparency Act 2023: the new offence of failure to prevent fraud 🌐 tracking and managing international #sanctions regimes: our Sanctions Tool Read now: https://lnkd.in/eVmFXCFh #Cybersecurity #CorporateCrime

If screening against sanctions lists alone no longer guarantees compliance, what techniques should organisations be using to identify sanctioned entities? In this webinar, OpenSanctions and Blackdot Solutions will introduce Open Source Intelligence (OSINT) as a potential solution. This transformative approach brings crucial context to investigations, allowing sanctions compliance practitioners to obtain a fuller picture of risk. Learn more about this approach and how to implement it by signing up for the webinar below: https://hubs.li/Q01Yk7X_0 #OSINT #Sanctions #SanctionsCompliance

If screening against sanctions lists alone no longer guarantees compliance, what techniques should organisations be using to identify sanctioned entities? In this webinar, OpenSanctions and Blackdot Solutions will introduce Open Source Intelligence (OSINT) as a potential solution. This transformative approach brings crucial context to investigations, allowing sanctions compliance practitioners to obtain a fuller picture of risk. Learn more about this approach and how to implement it by signing up for the webinar below. https://hubs.li/Q01Yk8C50 #OSINT #Sanctions #SanctionsCompliance

"U.S. Department of Justice to Surge Resources at Corporate Crimes With National Security Implications." -The Wall Street Journal Looks like the DOJ's national security division is ramping up in response to heightening concerns related to 'white collar' crime being leveraged for sanctions evasion--are 1st, 2nd, and 3rd lines prepared? FYI - for those joining us in Vegas for the Assembly, we've got solid sanctions content & discussions slated. If your leadership team would potentially find value in hearing an ACAMS executive briefing around this topic, let me know. Bottom of post is a sampling of our sanctions-related certifications, courses, & tools. “We’ve determined that it’s necessary for the department to infuse significant amounts of resources into national security, corporate investigations and prosecutions,” said Marshall Miller, principal associate deputy attorney general at the Justice Department, during a panel at the Practicing Law Institute’s conference on white-collar crime in New York." "The Justice Department’s national security division is in the process of hiring 25 new prosecutors who will be tasked with tackling sanctions evasion and export control violations, with additional resources being added to the money-laundering-and-asset-recovery section’s bank integrity unit. " -CGSS (Certified Global Sanctions Specialist) https://lnkd.in/exqc9dPw -Terrorist Financing Typologies: Overview and State of Play -Global Trends in the Misuse of Legal Entities for Illegal Activities -Countering DPRK Sanctions Evasion and Proliferation Financing Original Share: Alison Jimenez Citation: The Wall Street Journal https://lnkd.in/ec52paEd

Glad to share with you my new published paper on Jurisdiction of International Cyber Threats according to International Law

Checking client names against sanctions lists is a critical practice that helps organizations fulfill their legal obligations, prevent financial crimes, protect their reputations, and contribute to global security efforts. #sanctionfeed #sanctions #sanctionscompliance

The DOJ's national security division is "surging resources" to sanctions evasion and export control violations. The Department is hiring 25 new prosecutors and will also add resources to the #moneylaundering and #assetrecovery section's bank integrity unit. ❓ What does this mean for AML professionals ❓ ▪ If you haven't read FinCEN's 9/8/23 "Trends in BSA Data: Suspected Evasion of Russian Export Control Report", run 🏃♀️ don't walk 🚶♀️ to read it. https://lnkd.in/eedvZrc9 ▪ Understand the difference between Export Control and Sanctions ▪ Brush up on FinCEN's prior releases on sanctions evasion and make sure your AML program is operationalizing the information https://lnkd.in/e4BTUEYc #sanctions #exportcontrol #aml

DOJ's Safe Harbor for acquirers in M&A transactions is interesting. On the one hand, it largely builds off the OPR 08-02 framework released 15 years ago. On the other, it explicitly pushes the policy out Department-wide, and continues DOJ's move to widen the consequences gulf between those who voluntarily disclose, cooperate and remediate and those that do not. Layer on the enforcement focus on national security issues (sanctions, AML, cybersecurity) and this may be more of a policy development than it feels at first blush. #FCPA #sanctions #anticorruption #paulhastings https://lnkd.in/gYrh3pGY

'Old wine in new bottles'...? The impending implementation of EU Article 75, facilitating pan-European information sharing, marks a significant step forward in bolstering cross-border collaboration to combat crime and terrorism within the European Union. This initiative holds paramount importance as it aims to streamline the exchange of crucial intelligence and data among member states, thereby enhancing early detection, prevention, and response to security threats. However, while this move signifies progress, its effectiveness hinges on factors such as the scope of information shared, data privacy safeguards, and the agility of response mechanisms. In comparison, the United States operates a similar system through agencies like the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI), fostering interagency cooperation and information sharing to address domestic and international security challenges. Yet, both the EU and the US continue to face ongoing challenges in balancing the imperatives of security with individual privacy rights, highlighting the delicate balance required in navigating the complexities of modern information sharing frameworks. #USPatriotAct #financialcrime #AML #security #privacy #EU #dataprotection https://lnkd.in/ejM48_-z