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AML & Financial Services Regulatory

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Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

The Belgian Financial Services and Markets Authority (FSMA) published guidance on the rules in relation to distance marketing of financial services and products, mainly in light of the COVID-19 pandemic. The FSMA’s communication provides useful and practical guidance for financial services firms to consider when using remote sales techniques when marketing their products or services.

In this regulatory briefing, we consider the FSMA’s guidance and discuss the most important rules that must be taken into account by the financial services industry in this regard. 

Financial technology, or fintech, has been transforming a wide range of financial services, receiving warm- welcomes by a fast growing number of adopters and attracting hundreds of billions of USD in global investment value in recent years. As at 30 September 2019, from only 0.4% in 2018, Vietnam rose to rank second in ASEAN in terms of fintech funding, attracting 36% of the regional investment, second only to Singapore with 51%. However, the financial areas transformed by fintech are quite limited, with 98% of the funding concentrated in the payment sector and 1% in blockchain tech related, according to a joint report by United Overseas Bank (UOB), PricewaterhouseCoopers (PwC) and (Singapore FinTech Association) SFA.  Vietnam is still considered as having limited fintech activities and remains an unlikely home base of choice for fintech firms. One of the factors largely impacting the local fintech growth include an unprepared regulatory framework where regulations mostly evolve around fintech in the payment industry.

The Government of France issued an ordinance (n° 2020-115), which transposes the EU Directive (2018/843) of 30 May 2018 of the European Parliament and of the Council, known as the “5th Anti-Money Laundering Directive”, on 12 February 2020 to aid in the efforts to combat money laundering and the financing of terrorism in France. This ordinance has been supplemented by two decrees (n° 2020-118, n° 1010-119) adopted on the same day.

Covered institutions with a presence in France should carefully analyze the ordinance and its supporting decrees and, where necessary, review and adapt their processes to ensure compliance with the new regulatory framework. In particular, client identity checks need to be adapted.

In early March 2020, after COVID-19 had already begun its journey of destruction around the world, the European Commission (Commission) published its Comprehensive Strategy with Africa, outlining the region’s plans for its new, stronger relationship with the continent. The Commission had earlier stated that 2020 would be a pivotal year…

Progress on the reform of LIBOR has not stopped during the COVID-19 pandemic.

While the overall timing for LIBOR transition has remained unchanged, the Working Group on Sterling Risk-Free Reference Rates (RFRWG) has recognized the need to introduce some flexibility in relation to the interim transition deadlines to ensure that lenders are able to continue to supply credit to the real economy and assist with economic recovery.

The COVID-19 crisis presents fraudsters with a ripe opportunity to defraud businesses at a time when finances are tight, attention and resources are focused elsewhere, key staff may be absent and financial controls are under pressure. One of the simplest and most devastatingly effective of these frauds is a push payment fraud.

In the wake of the COVID-19 crisis, organizations of all types are enacting measures to preserve liquidity, reduce costs and plan for the potentially slow recovery back to pre-crisis levels or, in some industries, a return to a new normal. As a result, corporate risk profiles for the near, medium…