<p>Filter Knowledge</p>

Since the Government introduced the Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") in March this year, there has been uncertainty as to how overseas entities (or those who deal with them) should prepare for the introduction of the new Overseas Entities Register (the "Register").  Some of those questions have now been answered, as we explain below.

The EU's Platform on Sustainable Finance ("PSF") – an expert group established to advise the European Commission – recently published a helpful draft report on so-called "minimum safeguards" ("MS") under sustainable finance legislation.  

A regular briefing for the alternative asset management industry. 

Welcome to our series of podcasts focusing on international employment law.

The two-pillar corporate tax reform plan forms part of the OECD's project tackling base erosion and profit shifting (BEPS). Whilst Pillar One – which aims to align taxing rights more closely with the location of customers – will only apply initially to MNEs with annual global turnover above €20bn, Pillar Two is expected to have a wider impact on businesses.

A regular briefing for the alternative asset management industry. 

On 31 May 2022, the European Securities and Markets Authority (ESMA) published a supervisory briefing (the Supervisory Briefing) addressed to EU national competent authorities (regulators) to promote "common supervisory practices" on the EU Sustainable Finance Disclosure Regulation (SFDR) and other pieces of EU legislation concerning financial sustainability. This was closely followed on 2 June 2022 by a publication of the European Supervisory Authorities – one of which is ESMA - (ESAs) which sets out clarifications (the ESA Clarifications) on the draft regulatory technical standards (RTS) under SFDR.

On 15 March 2022, the UK's new Economic Crime (Transparency and Enforcement) Act (the "ECA") received Royal Assent. The legislation contained a number of important provisions, including the introduction of a new 'Register of Overseas Entities' and reforms to unexplained wealth orders.

Glencore has indicated that it will plead guilty to seven counts of bribery in connection with its oil operations in Cameroon, Equatorial Guinea, Ivory Coast, Nigeria, and South Sudan. The Serious Fraud Office opened its investigation into Glencore's activities in 2019 and alleges that the commodities giant approved the payment of over $25m in bribes for preferential access to oil.

The European Parliament has issued its draft report (Report) on the European Commission's proposals to amend the existing Alternative Investment Fund Managers Directive (AIFMD II). The Report forms part of the legislative process and includes the European Parliament's suggested amendments to the draft directive issued by the European Commission in November 2021. The draft directive proposed a number of changes to the Alternative Investment Fund Managers Directive, largely in respect of delegation, loan origination, liquidity risk management, data reporting and depositaries and it is those areas which are the main focus of the Report. 

On 13 May 2022, the European Supervisory Authorities (ESAs) submitted a number of questions to the European Commission relating to the interpretation of the Sustainable Finance Disclosure Regulation (SFDR) and the Taxonomy Regulation (Taxonomy Regulation). Separately, the ESAs have also been asked by the European Commission for their input on possible amendments to the SFDR Delegated Regulation.

A regular briefing for the alternative asset management industry. 

With claimants around the globe continuing to bring novel and ambitious climate change-related cases before common law Courts, some judges are hesitant to be drawn into what may be perceived as a political debate.

The UK Government has announced that new border controls on imports from the EU scheduled for July 2022 are being postponed. In the short term, many (but not all) businesses are likely to welcome this move, as it reduces the risk of disruption to supply chains and will ease cost pressures.

The European Commission published a draft Data Act on 23 February 2022 ("Data Act"), as part of the implementation of its February 2020 strategy for data. This proposed regulation, which will have direct effect in members states, is intended to set standards at an EU-wide level to facilitate and create a fairer, more competitive digital environment for the sharing and re-use of data (both personal and non-personal). This briefing looks at who the Data Act impacts, what it does and how it fits into the EU's vision for a single European market for data.

In this case, the High Court rejected the defendant's application for its expert and factual witnesses, who were both based in Kenya, to give evidence via video link, or for there to be a hybrid trial which the witnesses could attend remotely. 

The Russian invasion of Ukraine presents issues for pension scheme trustees to consider. Alongside clear implications regarding investments and the need to comply with sanctions, these may include questions about covenant, funding, cyber security and scam risks.

This briefing addresses the issues most likely to arise, some of which are also noted by the Pensions Regulator in its guidance.

A regular briefing for the alternative asset management industry. 

Our regular round-up of recent and forthcoming developments in law and practice for in-house counsel.

The High Court has recently rejected an attempt by British Sugar to challenge aspects of the UK's post-Brexit sugar tariffs on the basis that they amounted to an illegal subsidy to its competitor, Tate & Lyle. In this briefing, we look at the wider implications of the ruling for the UK's post-Brexit state aid and tariff regimes.