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On 16 March, the UK's Office of Financial Sanctions Implementation ("OFSI") updated its guidance on monetary penalties and enforcement (the "Guidance") to set out its enforcement approach in cases involving ownership and control by designated persons. This is an issue which has assumed increased prominence during the past year with the escalation of sanctions against Russia and the huge number of additional asset freeze designations made as a result. This has resulted in many companies analysing whether their counterparties may be deemed to be "owned or controlled" by a sanctions target – a question to which there is often no easy answer. Read more
The Stock Exchange of Hong Kong Limited (SEHK) recently published its new Guidance Note on Cooperation (Cooperation Note) and revised Enforcement Sanctions Statement (Sanctions Statement). The Cooperation Note is a brand new guidance note that stresses SEHK’s expectations regarding cooperation. It sets out examples of good cooperation with the possible benefits and examples of uncooperative conduct with the possible consequences. Read more
Our Global FSR Outlook 2023 has been published. In the Outlook, our Financial Services Regulatory (FSR) team surveys the regulatory landscape for 2023 and considers the challenges confronting firms and regulators. Read more
Statistics recently obtained by Herbert Smith Freehills call into question whether the Senior Managers Regime has been effective in allowing UK regulators to pursue enforcement against senior individuals in financial services. Read more
The Hong Kong Securities and Futures Commission (SFC) has proposed a number of sweeping enforcement-related reforms which would significantly enhance the SFC’s ability to obtain investor compensation orders against regulated persons who have committed wrongdoing. Read more
In this blog post, we round-up key forthcoming developments in the UK and at EU and International levels in financial services regulation which are expected to happen in February and March 2022. Read more
Welcome to the Winter 2021 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. Read more
We are pleased to announce the launch of our Global FSR Outlook 2022. In this annual publication, our FSR team surveys the regulatory landscape for 2022 and identifies themes that we expect to be at the core of regulatory priorities globally over the next 12 months.
Scott Balber and Pamela Terry have contributed to Global Investigations Review’s The Guide to International Enforcement of Securities Laws with a chapter entitled “Strategic Considerations in Cross-Border Investigations”. Read more