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Financial Services Regulation 2022 - New Year briefing

The Alpha and Omega of Regulation (via Omicron)?

Having said goodbye to another year of headlines dominated by COVID-19, with a Christmas and New Year overshadowed by a mixture of good and bad news about Omicron, it's not yet clear what degree of optimism about the year ahead is justified. At the very least, it is to be hoped that the World Health Organisation will not find it has to exhaust the Greek alphabet in naming any future new variants of concern.

Code red: IPCC delivers its 'last chance' report on climate change

On 9 August 2021, Working Group I of the UN's Intergovernmental Panel on Climate Change  ("IPCC") presented its report on the physical science basis of climate change (the "Report"), the first of three parts that will together form the IPCC's Sixth Assessment Report ("AR6"), due to be released in full in spring 2022.

ESG: from policies to practice, Pensions and Lifetime Savings Association (PLSA) ESG Conference 2021

In this session from the PLSA's inaugural ESG Conference (July 2021), Pensions Partner Andy Lewis, Partner and Head of Financial Services and Markets Tim Lewis and Senior Consultant Simon Witney discuss key questions that can arise for pension schemes looking develop their ESG policies and beliefs and translate these into practical action. How can schemes fit these specific regulations into the bigger picture of their overall duties and operations without getting lost in the detail?

Delegated acts integrating sustainability into EU AIFMD, EU UCITS and EU MiFID now published

On 2 August 2021 various amending measures were published in the EU Official Journal which will require EU Alternative Investment Fund Managers, EU UCITS management companies and EU MiFID investment firms (including portfolio managers and adviser/arrangers) to integrate sustainability risks and factors into their policies and procedures.

Sustainable Finance Disclosure Regulation (SFDR): Commission Guidance

The European Commission has published its long-awaited guidance regarding some of the Sustainable Finance Disclosure Regulation's (SFDR) known unknowns. The Guidance provides some additional clarity on the application of the SFDR, but unfortunately does not clearly answer all the outstanding questions.

Firms will need to continue to navigate uncertainty in the absence of clear law, guidance or a developed market practice.

Anti-bribery update: SFO enters into £103m DPA with Amec Foster Wheeler

On 1 July, which marks the 10th anniversary of the UK's Bribery Act coming into force, the Serious Fraud Office ("SFO") secured court approval for a Deferred Prosecution Agreement ("DPA") with Amec Foster Wheeler Energy Limited ("AFWEL"). This latest DPA concludes yet another significant multi-year corruption probe and highlights the importance of continued ABC compliance measures for multinational organisations.

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