International Regulatory Enforcement

Integrating Human Rights and ESG into International Regulatory Compliance: Governance Considerations
Governance reflects the structural management and oversight of a compliance program. It includes the role of the board, the responsibilities and accountabilities of management, metrics, and key performance indicators to help track a program’s robustness and effectiveness.
Top 10 Predicted Business and Human Rights Issues for 2021
As 2020 edges toward a close, we can look forward to a 2021 defined by three Rs - recovery, rebuilding, and restoring. With that in mind, selecting just 10 business and human rights issues we predict will be salient through 2021, given the unpredictability of this past year and the number of issues we will confront next year, is a risky proposition. But in honor of Human Rights Day last week, below are 10 business and human rights issues we believe will receive particular attention between January 1 and December 31, 2021.
The Integration of Business and Human Rights into International Regulatory Compliance
Over the past several years, companies have been dramatically increasing their focus on risks associated with environmental, social and governance issues, and human rights in particular (ESG/HR).  These have led a growing number of companies to create dedicated ESG/HR compliance programs or management systems.  While managing these issues and impacts is increasingly critical, given the interconnectedness of virtually all international regulatory compliance-related risks – including anti-corruption, sanctions and trade controls, and money laundering, to name a few – it is important also to consider how ESG/HR risks can be integrated into broader, more comprehensive compliance programs.  This post, the first in a series, outlines the approaches that businesses are starting to take.
Recent FinCEN Advisory Targets Recognition of Human Trafficking
As part of a growing focus on financial institutions and modern slavery, the Financial Crimes Enforcement Network (FinCEN) recently issued FinCEN Advisory FIN-2020-A008. The Advisory supplements FinCEN’s similar 2014 guidance, both of which are designed to assist financial institutions recognize activity that may be associated with human trafficking and modern slavery.
U.S. House of Representatives Passes Bill That Would Impose “Mini-Embargo” and Disclosure of Goods from Xinjiang
Last week, the U.S. House of Representatives considered two bills that would place broad restrictions on products from the Xinjiang Uyghur Autonomous Region (“XUAR”) of China, and would require publicly listed companies to disclose if they trade in products manufactured using forced labor from the region.
A Cooperation Agreement Concluded Between the French Financial Market Agency (AMF) and the French Anti-corruption Agency (AFA)
While interagency cooperation agreements are very common in countries like the UK and the United States, they are less so in continental Europe. The Protocol of Cooperation between the French Financial Markets Authority (AMF) and the French Anti-Corruption Agency (AFA), concluded on September 16, 2020, is therefore worth noting.
It's Only the Beginning: COVID-19, Public Procurement, and Corruption
As public money is increasingly used to mitigate the damage of COVID-19 on the world economy, the guidance document issued by the United Nations Office on Drugs and Corruption (UNDOC) on August 31, 2020, should raise the interest not only of public authorities but also of all companies bidding for public procurements
Where the New Normal Could Be the Old Normal: Addressing Corruption Concerns Relating to Brazil’s Political Turmoil
Brazil has taken a number of steps in its journey to improve its anti-corruption laws and business culture, on the heels of Operation Car Wash. But that journey has not been smooth, nor is it complete. In this alert, we summarize some recent developments that have not been reported extensively outside Brazil or in English, but may nonetheless pose corruption risks or impact compliance programs of companies based or operating in Brazil.
FCPA Opinion Procedure Release 20-01 – Much Ado About Nothing?
The U.S. Department of Justice (“DOJ”) posted its first Opinion Procedure Release (“OPR”)[1] since 2014 on Friday, August 14, 2020. While this release will be of interest to the anti-corruption compliance user community and practitioners, it further demonstrates the limited utility of most OPRs to the general public, and the inherent limitations of the process for companies and individuals making formal opinion requests to the Department.
At last…the European Public Prosecutor’s Office (EPPO) is getting real!
Dreamed of by some for a long time, the creation of the EPPO marks a dramatic shift in the fight against crimes affecting the EU’s budget and an important step towards creating a common criminal justice area in the European Union as a whole. Following the July 27th decision of the European Council, this dream of some (and possibly the nightmare of others) is becoming a reality.
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