On 13-15 June 2023, the European securitization industry gathered in Barcelona for the 27th edition of the Global ABS conference. With the expansion of market products on offer and updated regulation coming into force in the near term, there is expected to be plenty of opportunities and long-term growth for securitization as a funding tool. The Baker McKenzie securitization teams across Europe have put together the following ‘key takeaways’, based on our discussions with market participants, general sentiment and some excellent panel sessions.
The so-called UK Mandatory Disclosure Rules came into force in the UK on 28 March 2023. They comprise new cross-border tax avoidance arrangement disclosure rules that implement the OECD Model Mandatory Disclosure Rules.
Baker McKenzie’s Sanctions Blog published the alert titled Further amendments to UK Russia Sanctions on 21 June 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
On 19 June 2023, the UK’s new DCTS entered into force, replacing its previous Generalized Scheme of Preferences regime. Under the WTO Agreements, developed countries can grant non-reciprocal preferential treatment to products originating in developing and least developed countries, referred to as “special and differential treatment” (S&D) provisions, normally referred to as a GSP. Countries that grant preferential treatment through a GSP determine eligible countries and S&D provisions unilaterally.
With effect from 16 May 2023, Ukrainian borrowers are allowed to make payments from Ukraine abroad to repay and service certain cross-border loans from foreign lenders. The exempt payments should not be made prior to the payment date stipulated in the relevant loan agreement. The National Bank of Ukraine has expressly prohibited any amendments to the existing loan agreements that would shorten the payment terms thereunder.
As part of the EU Green Deal launched in 2019, a strong mandate has been issued to ensure consumers receive reliable, comparable and verifiable information to enable them to make more sustainable decisions and to reduce the risk of greenwashing.
The proposed European Union (EU) Green Claims Directive was tabled by the European Commission in March 2023 and aims to address greenwashing and introduces stringent requirements on various aspects in tackling false environmental claims.
On 18 June 2023, the Swiss electorate voted in a public referendum in favor of a constitutional amendment to implement the global minimum tax. After the vote, the focus now shifts to its technical implementation. MNEs now have the required certainty to proceed with their preparations and planning for Pillar 2.
Baker McKenzie’s Sanctions Blog published the alert titled Ukraine sanctions Russian judges on 15 June 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The EU Carbon Border Adjustment Mechanism (CBAM) Regulation entered into force on 17 May 2023 and will take effect from 1 October this year with a transitional phase that lasts until the end of 2025.
In preparation for its introduction, on 13 June 2023, the European Commission published a first call for feedback on the rules governing the implementation of the CBAM during its transitional phase.
On 12 June 2023, after lengthy negotiations, the Council of the EU agreed on the proposal for a directive that aims to better protect platform workers. This opens the door to negotiations between the Council and the European Parliament on the final directive. The directive aims to ensure that platform workers have or can obtain the appropriate employment status through the introduction of a legal presumption. In addition, the directive provides for rules regarding the transparency of the use of algorithms within the platform economy.