Baker McKenzie’s Sanctions Blog published the alert titled US and UK sanction cyber criminals in coordinated action on 17 February 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Baker McKenzie’s Sanctions Blog published the alert titled OFAC Issues Russian Petroleum-related Determinations, Updates Guidance on Implementation of the Price Cap Policy, and Amends Related General Licenses on 17 February 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The Belgian act implementing EU Directive 2019/1937 (“Whistleblower Act”) requires legal entities in the private sector to establish channels and procedures for internal reporting and follow-up of reports in specific areas. In this context, the Whistleblower Act established a particular method to calculate the employee headcount within the legal entity with reference to the Belgian legislation on the social elections. However, there has been some uncertainty about how this reference should be applied in the context of the Whistleblower Act.
In December 2022, the United Nations Security Council adopted a resolution which introduced a standardized humanitarian exemption across UN regimes according to which activities necessary for humanitarian assistance and other activities that support basic human needs are exempt from sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees. All UN sanctions regimes except the Afghanistan regulations will now include a standardized humanitarian exception to the asset freeze provisions.
On 12 January 2023, the Court of Justice of the European Union ruled that individuals have the right to know to whom their personal data has been disclosed, unless the controller can demonstrate that it is impossible to identify the recipients or that the request is manifestly unfounded or excessive. Controllers must be able to provide information on the actual identity of all individuals and organizations to whom personal data is disclosed. This can be done for example, by maintaining up-to-date records on the sharing of personal data or by any other (technical) means.
Baker McKenzie is delighted to invite you to interactive seminars on 1 March 2023 in Abu Dhabi and 2 March 2023 in Dubai as part of our EMEA Russia Sanctions Briefings. The seminars will focus on the multijurisdictional sanctions challenges facing financial institutions and their clients and other corporates in the Gulf, in relation to the US, UK, EU and UAE sanctions regimes, particularly against Russia. We will also focus on the current enforcement environment and best practices for mitigating sanctions risk arising from potential compliance failures.
On 1 February 2023, the Austrian National Council passed the so-called Whistleblower Protection Act (HinweisgeberInnenschutzgesetz). This law regulates a set of obligations for companies in relation to whistleblowing, with the setup of an internal “whistle-blowing system” a priority. This new law will come into force shortly — following a formal confirmation by the Federal Council of Austria, which is still pending. The Austrian legislator is finally implementing the requirements of the EU Whistleblower Directive, although with a delay of more than a year.
In recent years, the investment policy landscape has become more complex as nations respond to national security threats, state development strategies and geopolitical risks. COVID-19 created a major economic shock worldwide, prompting some countries to take an even more stringent approach, with a focus on protecting the security of supply of inputs.
The current global sanctions environment — the new normal for Swiss companies: This was the topic of a Russia-focused seminar with members of Baker McKenzie’s global sanctions and investigations team, on 7 February 2023.
The European Parliament adopted a proposal on 2 February seeking potentially far-reaching changes to the current European Works Council (EWC) Directive. These include strengthening the information and consultation rights of EWCs and improving enforcement by introducing GDPR-level fines for non-compliance and a risk of injunctions for failure to inform and consult.