Non-UK regulation

Hong Kong SFC issues new guidance note and FAQs on regulatory cooperation and its benefits

On 12 December 2017, the Securities and Futures Commission (the SFC) published its Guidance Note on Cooperation with the SFC (the Guidance). The Guidance contains an updated section on disciplinary proceedings and a new section on proceedings in the civil courts … Continue reading

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Filed under Hong Kong, Investigations, Sanctions and Money Laundering

Hong Kong SFC announces investor ID regime for Northbound trading under Stock Connect

On 30 November 2017, the Securities and Futures Commission (SFC) announced that it had reached an agreement with the China Securities Regulatory Commission (CSRC) on proposals to introduce an investor identification (investor ID) regime for Northbound trading under the Mainland-Hong … Continue reading

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Filed under Announcements, Hong Kong, Investment banking

DOJ ENHANCES AND MAKES PERMANENT FCPA SELF-DISCLOSURE PILOT PROGRAM

On November 29, 2017, the US Department of Justice (DOJ) announced that the Pilot Program it launched in 2016 to encourage companies to self-report potential violations of the federal anti-bribery Foreign Corrupt Practices Act (FCPA) would be made permanent, subject … Continue reading

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Filed under Announcements, Bribery and Corruption, US

CHINA’S AMENDED ANTI-UNFAIR COMPETITION LAW – WHAT THE BRIBERY PROVISIONS MEAN FOR COMPANIES DOING BUSINESS IN CHINA

China’s amended Anti-Unfair Competition Law (amended AUCL) comes into force on 1 January 2018. Much has been written about the various iterative drafts released over the 18-month consultation period. But the final amended AUCL omits some of the more radical … Continue reading

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Filed under Announcements, Bribery and Corruption, China, Sector Updates by Herbert Smith Freehills

Hong Kong SFC publishes consultation conclusions on asset management regulation and launches further consultation

On 16 November 2017, the Securities and Futures Commission (SFC) in Hong Kong published its consultation conclusions on proposals to enhance asset management regulation and point-of-sale transparency (the Proposals) (please click here for our e-bulletin on the SFC’s consultation). The … Continue reading

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Filed under Asset management, Hong Kong, Non-UK regulation, Regulatory Reform, Sector Updates by Herbert Smith Freehills

Hong Kong corporate crime team publishes article addressing the thorny issue of privilege in Asia investigations

Given the variety of civil law and common law systems across Asia, and the fact that corporate investigations in the region almost always involve multi-jurisdictional elements, protecting privilege is a complex topic. With the differing approaches to privilege adopted both … Continue reading

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Filed under Announcements, Asia, Hong Kong, Investigations

CHINA TO INCREASE FOCUS ON COMBATTING FINANCIAL CRIME

Last month the Communist Party of China held its 19th National Congress. One of the key themes that came out of the Congress was the desire to increase the focus on combatting financial crime and systemic financial risk. This increased … Continue reading

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Filed under Announcements, China, Regulatory Reform

Hong Kong regulators warn of common instances of non-compliance in asset management

The Hong Kong Securities and Futures Commission (SFC) has recently conducted around 250 inspections of licensed corporations engaged in asset management business, and has identified a number of common instances of regulatory non-compliance among them, which it has set out … Continue reading

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Filed under Announcements, Asset management, Hong Kong

OFAC, BIS AND STATE DEPARTMENT PUBLISH NEW REGULATIONS TIGHTENING US SANCTIONS CONCERNING CUBA

On 8 November 2017, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published significant amendments to the Cuban Assets Control Regulations (CACR) and Export … Continue reading

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Filed under Announcements, Sanctions and Money Laundering, US

JURY UNABLE TO REACH VERDICT IN BRIBERY TRIAL OF FORMER CHIEF EXECUTIVE OF HONG KONG

A jury has failed to reach a verdict in relation to a bribery charge against the former Chief Executive of Hong Kong, Donald Tsang Yam-kuen. On Friday 3 November, after 14 hours of deliberation, the jury advised the court that … Continue reading

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Filed under Announcements, Bribery and Corruption, Hong Kong