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AML & Financial Services Regulatory

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On 1 July 2023, the Government officially issued the new Decree No. 46/2023/ND-CP for implementing a number of articles of the new Law on Insurance Business 2022 (“Decree No. 46”). Decree No. 46 takes effective from 1 July 2023 (except for certain clauses, which take effect from 1 January 2023) and replaces the previous Decree No. 73/2016.
Among other things, Decree No. 46 provides detailed guidelines on the licensing requirements and process for participants in the insurance market, the operation of insurance agencies, insurance brokers and insurance ancillary service providers, and supplying cross-border services.

In this edition of Bite-size Briefings, we take a bite-size look at the latest developments concerning AI regulation as it affects financial services in Australia, the EU, Hong Kong SAR, Thailand, the UK and the US.

On 3 July 2023, the Monetary Authority of Singapore announced new investor protection measures for Digital Payment Token service providers. These measures are introduced following the MAS’s October 2022 public consultation on proposed regulatory measures to enhance investor protection and market integrity in Digital Payment Token services.

The Istanbul Financial Center Regulation entered into force through its publication in the Official Gazette on 7 July 2023. The Regulation includes the details reserved for secondary regulations under the Istanbul Finance Center Law, especially the details regarding the conditions and processes for the participation certificate to be issued to entities that may operate in the Istanbul Financial Center.

On 27 June 2023, the US Departments of State, the Treasury, Labor, Commerce, and Homeland Security, and the United States Agency for International Development issued a joint advisory — the Africa Gold Advisory — that (i) highlights the opportunities and specific risks raised by the gold trade across sub-Saharan Africa and (ii) encourages industry participants to adopt and apply strengthened due diligence practices to guard against such risks.

On 6 July 2023, the European Securities and Markets Authority (ESMA) announced the launch of a Common Supervisory Action (CSA) with EU National Competent Authorities on sustainability-related disclosures and the integration of sustainability risks in the investment fund sector. Asset managers with EU touchpoints should have regard to the CSA and its output when considering emerging enforcement risk in this area.

The World Economic Forum recently launched a new whitepaper entitled Pathways to Crypto-Asset Regulation: A Global Approach. Ashlin Perumall, partner in Baker McKenzie Johannesburg, fellow of the World Economic Forum and member of the Digital Currency Governance Consortium community, was one of the co-authors of this white paper. The white paper sets out to understand and highlight the needs and challenges in developing a global approach to crypto-asset regulation.