Compliance og krisehåndtering

  • Compliance og krisehåndtering

    2019

    Update – Beneficial ownership register act

    In order to fully implement the EU Fourth Anti-Money Laundering Directive, Norway is soon to establish the necessary legal basis for a Beneficial Ownership Register. The EU Fourth Anti-Money Laundering Directive article 30 provides that companies in Member States should obtain and hold information relating to their “Beneficial Owners” and that this information should be reported to a central register.

  • Compliance og krisehåndtering

    2018

    Guidance on drafting and interpreting contractual sanctions clauses

    In this article, we discuss the first UK case dealing with the scope of a sanctions exclusion clause in the context of the re-imposed US sanctions on Iran and the EU Blocking Regulation. We also provide some pointers for in-house counsel drafting sanctions exclusion clauses.

  • Compliance og krisehåndtering

    2018

    Privilege in the UK – a landmark decision

    A High Court decision limiting privilege in relation to advice prepared for a company regarding claims of fraud and corruption has recently been overturned by the Court of Appeal in London. The decision widens the scope of protection for disclosing documents created by internal investigations and should give comfort to organisations facing such allegations.

  • Compliance og krisehåndtering

    2018

    Corporate criminal liability; the impact of an effective compliance program

    An effective compliance program is essential for any business and it needs to be strong, both on paper and in practice. It addition to providing measures to assist companies to prevent, detect and respond to violations of laws and regulations, such programs have an important role to play as part of any defence against corporate criminal investigations and prosecutions.

  • Compliance og krisehåndtering

    2018

    Should privilege against self-incrimination apply to corporate investigations?

    Privilege against self-incrimination is a fundamental principle that protects witnesses from revealing information which might expose them to an accusation or criminal charge. Many legal systems recognise this privilege, and in Norway the right to protect oneself against self-incrimination is a rule of law. The privilege derives both from the right to a fair hearing as defined in article 95 of Constitution and article 6(1) of the European Convention on Human Rights in addition to article 14(3)g of the United Nations Convention on Civil and Political Rights. In the US the privilege is enshrined in the Fifth Amendment to the Constitution.

  • Internasjonale sanksjoner og eksportkontroll, Compliance og krisehåndtering

    2018

    What Do President Trump's Iran Threats Mean for Norwegian Companies?

    At last month's State of the Union address, President Trump called on Congress to "address the fundamental flaws in the terrible Iran nuclear deal". Trump has been attacking the deal, formally known as the Joint Comprehensive Plan of Action (the "JCPOA"), since he began campaigning for the presidency. But this latest statement, made at one of Washington's most important political events and coming on the heels of Trump's January 12 threat to withdraw from the JCPOA, suggests that the president may be closer to taking action. If Trump does decide to end US participation in the JCPOA, how will he do it? And what will this mean for Norwegian companies considering business in Iran?

  • Internasjonale sanksjoner og eksportkontroll, Compliance og krisehåndtering

    2018

    Considerations for Norwegian Companies after the US Withdrawal from the Iran Nuclear Deal

    On May 8, President Donald Trump announced that the United States would withdraw from the Iran nuclear deal.