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Episode 19: Crypto around the World (Part 2) Taking off from the guide Crypto around the World, the second of two episodes takes a closer look at market abuse, sustainability, decentralized finance and future developments. Sue McLean, a partner in our London office, talks to the team that started this project: Iris Barsan, counsel from our Paris office; Julian Hui, associate from our London office; and Chris Murrer, a US attorney in our Zurich office. They also cover specific regulatory and policy considerations, as well as the future impact of central bank digital currencies.

Maintaining a legal entity, even when it is dormant, will use up valuable resource. Whether it is drafting of corporate approvals, preparation of financial accounts, gathering signatures, making filings, attending to the annual compliance and day-to-day obligations of your dormant legal entities can require a significant amount of management time. We explore why now may be a good time to re-visit plans for dormant entities in your group structures and some of the key benefits that a CLEAR project can bring.

The financial services industry is undergoing sweeping changes driven by regulatory developments, rapidly advancing technology, ESG concerns and continued consolidation in the sector. The far-reaching impact of financial reforms, intricacies in their implementation, and conflicting regulations in different jurisdictions can expose businesses to increased regulatory risk.

With its National Hydrogen Strategy from 2020, the German federal government has presented a comprehensive strategy to boost the market ramp-up for green hydrogen and, thereby, to decarbonize the German economy. In doing so, the German federal government recognized early on that the country would be dependent on importing a considerable amount of green hydrogen, especially in the medium to long term. Accordingly, a global hydrogen supplier market will be established in the near future.

On 30 September 2021, the President presented to the House of Representatives a Bill seeking to amend articles 25, 27 and 28 of the Constitution of the United Mexican States, in energy matters. The Bill to amend the Constitution proposes the following: (i) substantial changes in both public policies, and the regulation of the electricity and hydrocarbon industries; (ii) nationalizing the right to the exploration, use, and exploitation of lithium, and, (iii) establishing that no future concessions will be granted.

The growth in demand for online retail services has led to extensive disruption in the Consumer Goods and Retail (CG&R) sector in Africa. Africa-based CG&R businesses have been adapting their digital operating models to keep up with demand, and multinational e-commerce organisations operating in the region are recording rapid growth. However, this digital expansion in the CG&R sector has numerous tax implications, both locally and regionally.

On September 28, 2021, the US Department of Defense (“DoD”) published a notice of request for public comments. DOD’s request relates to Executive Order 14017, (“America’s Supply Chains” or “Supply Chain EO”). As part of requiring agency reviews of key industrial bases’ supply chains, the Supply Chain EO mandated that DoD conduct a one-year review of supply chains within the defense industrial base with the goal of identifying key supply chain vulnerabilities and opportunities to address these vulnerabilities.

On 9 September the Financial Conduct Authority (“FCA“) and the Prudential Regulation Authority (“PRA“) published a letter to bank CEOs with the purpose of reiterating expectations of firms when undertaking trade finance activities. The Dear CEO letter addressed both conduct and prudential issues where the regulators consider that improvements are required in firms’ controls. The regulators stressed that “firms need to demonstrate that they have taken a risk sensitive approach to their control environment that ensures the relevant risks are effectively mitigated”, noting that the last 18 months have seen several “high-profile failures of commodity and trade finance firms with significant financial loss”.