Baker McKenzie’s Sanctions Blog published the alert titled Japan introduces further sanctions against Russia and Belarus on 14 October 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
On 7 October 2022, Malaysia’s Minister of Finance, YB Senator Tengku Dato’ Sri Zafrul Tengku Abdul Aziz, unveiled the Malaysian Budget 2023, themed “Keluarga Malaysia, Makmur Bersama”. This infographic sets out the key tax highlights from the Budget 2023 announcement.
Phase 2 of the new inspection regime of the register of the Companies Registry will come into effect from 24 October 2022, allowing Hong Kong companies to, among others, limit disclosure to the public certain personal information of their directors and secretaries. Under Phase 2 of the New Inspection Regime, the usual residential address and full identification number of directors and company secretaries will be replaced with the correspondence address and partial IDNs. Protected Information contained in documents filed for registration on or after 24 October 2022 will not be available for public inspection although Specified Persons may apply to access the Protected Information.
Following the public hearing in March 2022, the Trade Competition Commission of Thailand published an amendment to the guideline on fair trade practices relating to credit terms with small and medium enterprises under section 57 (unfair trade practices) of the Competition Act 2017. This is the first amendment after the guideline became effective in December 2021.
Following the UN Climate Change Conference in Glasgow (COP26) in November 2021, almost 200 countries, including Thailand, announced their climate goals and made commitments to tackle climate change. Thailand has pledged to be carbon neutral by 2050 and reach net-zero greenhouse gas emissions by 2065. To support the government’s policy in this direction, various government agencies and public organizations, such as the Thailand Greenhouse Gas Management Organization, have been actively progressing efforts to realize Thailand’s sustainability goals through various schemes and measures that they are empowered to do under the relevant laws.
Governance plays a key role in protecting a company from undesirable misconduct and may help to mitigate some of the consequences of non-compliance, whether in terms of civil or criminal liabilities of the company itself or its board of directors.This article explores ESG from the corporate governance and management perspective.
Detecting rigged bids once dominated the workload of KPPU, and while that may no longer be the case, the number of bid-rigging cases being handled by the KPPU at any given time remains relatively high. Recent enforcement cases have focused on construction and public procurement projects. Through these cases, KPPU has proven that it is adept in the area of technology – scrutinizing metadata and IP addresses of defendants to uncover evidence of collusion. Colluding to rig bids is an Article 22 violation under the Indonesian Competition Law, for which KPPU may impose a fine of IDR 1 billion or more.
Companies with effective Antitrust & Competition Compliance Programs may benefit from more lenient sanctions if KPPU finds an infringement in the future. KPPU Regulation No. 1 of 2022 on ACCP was issued earlier this year to provide further guidance for the implementation of Article 15(a) of Government Regulation No. 44 of 2021. To receive the compliance credit, it is important to ensure your ACCP meets the requirements of the KPPU Regulation and then secure the KPPU certification (a stipulation that will be valid for five years, and is renewable).
From 2026, pure battery electric vehicles (BEVs) must be equipped with certain levels of advanced driver-assistance systems (ADAS); otherwise, excise tax rates will be higher. The Royal Gazette has published several notifications of the Excise Department regarding BEVs recently. The Notifications have introduced the ADAS requirements as a new condition to apply lower excise tax rates on BEVs along with detailed requirements on the use of domestically manufactured batteries.
On 7 October 2022 the Malaysian Minister of Finance tabled the Budget 2023 which covers the following 3 agendas, each supported by the agenda’s individual core focus and strategies:
• Responsive Budget – to expand fiscal policy
• Responsible Budget – to ensure financial sustainability of the Government
• Reformist Budget – to implement reforms and enact policies that could adapt to new norms
The comprehensive list of objectives within the Budget 2023 among others, is to strengthen economic recovery post COVID-19 and numerous incentives and action plans had been laid out to achieve these objectives. This alert focuses on the Budget 2023 highlights that would have an impact on the projects and infrastructure industries in Malaysia.