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Welcome to this edition of the Trade Finance Insight. In this edition, we lead with an in-depth interview with Dr George Elombi, Executive Vice President and Member of the Board at African Export-Import Bank (Afreximbank), on the African Continental Free Trade Agreement (AfCFTA). The interview will discuss the challenges of implementing the AfCFTA, the successes it has experienced so far, the anticipated opportunities it will bring to the region in mid to long term and the role Afreximbank is playing to contribute to its success.

Heightened sanctions and export controls targeting key technologies and the TMT sector are an important trend of recent years and reflect the current geopolitical climate. In this episode Anne Petterd, Frank Pan, and Alison Stafford Powell discuss the practical impact these sanctions have on TMT companies and what TMT companies should do in their strategic plans to de-risk their exposure.

Financial institutions are critical players in the transition to a carbon-neutral economy and, because of their role in allocating capital, they can act as a catalyst in achieving better environmental, social and governance outcomes in society generally. Baker McKenzie’s updated Sustainability Risk Radar analyzes the most pressing sustainability risks that FIs need to consider in 2023.

Baker McKenzie’s newest sustainability briefing focuses on the hot topic of transition finance, which is relevant to lenders and borrowers in commercial and syndicated lending. In the context of publications by industry and standard setting bodies such as the Glasgow Financial Alliance for net zero and experience in the market, the briefing discusses: transition finance, credible transition plans, risks and challenges and market progress.

The OECD has provided further updates on its Pillar 2 initiative and some countries have responded with their intention to implement as early as 2024. In this episode, Ciro Meza, Miles Humphrey, and Allen Tan highlight key points of the new guidelines, questions that companies have been raising and how these may affect TMT companies. Since the impact of Pillar 2 will transcend various functions within a business, Baker McKenzie experts will share their insights on how TMT companies should react to these developments and when they should start taking action in light of the implementation timelines that have been announced.

A series of briefings that take a bite-size look at international trends in different jurisdictions, drawing on Baker McKenzie’s expert financial services practitioners with local market knowledge. This edition takes a bite-size look at the latest environment, social and governance developments in Brazil, the European Union, Belgium, Hong Kong SAR, Japan, Singapore, Thailand, and the United Kingdom.

To close out 2022, US states passed a range of rules broadly applicable to all businesses, while global regulators took steps to regulate ESG and crypto-assets comprehensively. While the digital asset industry bore the brunt of enforcement, regulators will give private equity, real estate and hedge fund managers much to think about in 2023.

On 2 February 2023, the OECD/G20 Inclusive Framework on BEPS released technical guidance to assist governments in the local implementation of the Global Anti-Base Erosion Model Rules (“GloBE Rules”). This should help governments to correctly apply the GloBE Rules to large Multinational Enterprises from the start of 2024. Moreover, it aims to ensure a coordinated and harmonized implementation of the GloBE Rules. The Administrative Guidance takes the form of a modification to the original version of the Commentary that was issued in March 2022.

Baker McKenzie’s Global Guide to Critical Minerals examines the status and strategic legal background for critical minerals across a number key mining jurisdictions, as well as the applicable legal and regulatory framework for their extraction, highlighting the rapid change in the critical minerals space as the energy transition accelerates.

Our latest sustainability guide, ESG Policy Guide – The Future of Sustainability Legislation for Luxury, has been developed in collaboration with Positive Luxury, the company behind the Butterfly Mark, a unique mark awarded to luxury lifestyle brands, retailers and suppliers in recognition of their commitment and verified actions to creating a positive impact on our world. It features recent and upcoming developments in ESG legislation and policies in the US, UK and the EU and explains how these impact the luxury, fashion, and cosmetics industries.