|After the UK Brexit referendum of 23 June the implications on the political, economic and legal relations between the UK and the EU have been discussed from many angles. But what about...|
The Eleventh Circuit Provides Long Sought-After Clarification of the Foreign Corrupt Practices Act
On May 16, 2014 the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in United States v. Joel Esquenazi, et al, affirming the government's broad interpretation of what constitutes a "government instrumentality" under the Foreign Corrupt Practices Act (FCPA). For several years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have brought enforcement actions against employees of companies alleged to be engaged in corrupt practices involving state-owned enterprises, including state-owned hospitals and construction firms, with the understanding that such entities were "government instrumentalities" under the FCPA. In cases such as United States v. Lindsey Manufacturing, defense lawyers have countered that such broad definitions cannot apply where a company acts as a commercial participant in a country’s economy. However, until last week the DOJ's and SEC's broad interpretation had never been tested in a court of appeals.
The Department of Energy (DOE) recently published its revised Part 810 Guidance on compliance with the amended Part 810 Regulations on nuclear export controls (10 C.F.R. Part 810). The 2015 ...24 June 2016
FinCEN Designates North Korea as a Jurisdiction of Primary Money Laundering Concern, Triggering Additional Due Diligence Requirements for Financial Institutions
Pursuant to the North Korea Sanctions and Policy Enhancement Act of 2016’s requirement that the Secretary of the Treasury determine whether North Korea is a jurisdiction of...16 June 2016