United States

US SEC settlement demonstrates the risks to investment advisers of using ESG investment decision-making metrics

By Celia Cohen (US), Kevin Harnisch (US), Seth Kruglak (US), Samuel Ramer (US) and Nicholas Joynson (US) on May 26, 2022 Posted in ESG, United States

The US Securities and Exchange Commission (SEC) has been increasingly vocal about its view that environmental, social and governance (ESG) disclosures can be material to investors. To help combat ESG disclosure violations, the SEC created a Climate and Risk Task Force within the Division of Enforcement. As a result of the Task Force’s efforts, on … Continue Reading

US Treasury publishes National Strategy for Combating Terrorist and Other Illicit Financing

By Delaney, Mikkaela Salamatin and Ilana Sinkin (US) on May 25, 2022 Posted in Money laundering, United States

On May 13, 2022, the US Department of the Treasury published the 2022 National Strategy for Combating Terrorist and Other Illicit Financing. Read our full update here.… Continue Reading

US SEC administrative tribunals held unconstitutional

By Sandeep Savla (US), Kevin Harnisch (US) and meltzer on May 24, 2022 Posted in Enforcement, United States

In a watershed opinion, a divided panel of the Fifth Circuit has ruled that the United States Securities and Exchange Commission’s system of in-house administrative tribunals is unconstitutional. Read our full update here.… Continue Reading

Wolfsberg Group FAQs on negative news screening

On 11 May 2022, the Wolfsberg Group published FAQs on how undertaking screening for negative news and other forms of adverse information can enhance a financial institution’s awareness of potential financial-crime risk posed by both existing and prospective customers. The Wolfsberg Group recognises that there is no universally agreed and accepted definition of negative news. … Continue Reading

Monthly Global FinTech regulatory updater

Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought them … Continue Reading

FinCEN Spotlight – A Conversation with the Enforcement Directors

By Samuel Ramer (US) on May 5, 2022 Posted in United States

Norton Rose Fulbright is hosting an upcoming webinar by Global Investigations Review which features Washington DC partner, Sam Ramer, and Alessio Evangelista and Whitney Case from the Financial Crimes Enforcement Network (FinCEN). Sam, Alessio and Whitney will be discussing FinCEN’s new capabilities and the current leadership of the agency and its priorities. Among the subjects … Continue Reading

Return of the monitorship: SEC and DOJ settle US$84M FCPA claims and impose monitorship on medical waste services company

By Mayling Blanco (US), Kevin Harnisch (US), Katey Fardelmann (US) and Mikkaela Salamatin on May 3, 2022 Posted in Enforcement, United States

In October 2021, Deputy Attorney General Lisa Monaco announced revised US Department of Justice (DOJ) guidance on corporate monitorships, signaling a sharp change in the declining trend of the tool over the past few years. (NRF has previously examined the DOJ’s policy changes.) Recently, the DOJ and the US Securities and Exchange Commission (SEC) announced … Continue Reading

FSB launches consultation on supervisory and regulatory approaches to climate-related risks

By Simon Lovegrove (UK) on May 3, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 29 April 2022, the Financial Stability Board (FSB) issued a report setting out certain recommendations that are intended to assist supervisory authorities in developing their approaches to monitor, manage and mitigate cross-sectoral and system-wide risks arising from climate change and promote consistent approaches across sectors and jurisdictions. The report: Examines supervisory and regulatory reporting … Continue Reading

IOSCO report on issues and considerations of market data in secondary equity markets

By Simon Lovegrove (UK) on April 29, 2022 Posted in Africa, Asia, Australia, Canada, France, Germany, Italy, Securities, Securities, Securities, Securities, Securities, Securities, The Netherlands, United Arab Emirates, United Kingdom, United States

On 28 April 2022, the International Organization of Securities Commissions (IOSCO) published a report setting out some issues and considerations for regulators when reviewing the regulation of market data. The report provides feedback on IOSCO’s earlier consultation report ‘Market Data in the Secondary Equity Market’ and offers the following considerations that regulators may find helpful … Continue Reading

Report on the state of effectiveness and compliance with the FATF standards

By Simon Lovegrove (UK) on April 25, 2022 Posted in Africa, Asia, Australia, Canada, France, Germany, Italy, Money laundering, Money laundering, Money laundering, Money laundering, Money laundering, Money laundering, The Netherlands, United Arab Emirates, United Kingdom, United States

On 19 April 2022, the Financial Action Task Force (FATF) published a report providing an overview of the state of global efforts to tackle money laundering, terrorist and proliferation financing. The report finds that in terms of laws and regulations, 76% of countries have now satisfactorily implemented the FATF’s 40 Recommendations. This is a significant … Continue Reading

FSB Chair’s letter to G20 outlines financial stability issues arising from Russia’s invasion of Ukraine

On 20 April 2022, the Financial Stability Board (FSB) published a letter from its chair, Klaas Knot, to G20 Finance Ministers and Central Bank Governors ahead of their meeting on 20 April. The letter notes that the Russian invasion of Ukraine triggered large price fluctuations in global financial markets. Thus far, the global financial stability … Continue Reading

Monthly Global FinTech regulatory updater

Happy Easter to our readers

To all of our global readers we would like to take this opportunity to wish you all a Happy Easter. We will resume posting material on 26 April although if there are any significant developments we will endeavour to provide an update.… Continue Reading

IOSCO seeks feedback on market liquidity issues affecting corporate bond markets under stress and good practices concerning ETFs

On 6 April 2022, the International Organisation of Securities Commissions (IOSCO) published a report, Corporate bond markets – drivers of liquidity during COVID-19 induced market stresses. The report analyses the work of the IOSCO working group on corporate bond market liquidity, which was tasked with analysing the corporate bond market microstructure, resilience and liquidity provision … Continue Reading

FSB welcomes smooth transition from LIBOR

On 5 April 2022, the Financial Stability Board (FSB) issued a statement welcoming the smooth transition away from LIBOR at the end of last year. The FSB also reminds firms that given the significant use of USD LIBOR globally, they should have plans in place to ensure their preparedness for the cessation of the USD … Continue Reading

FSB work programme for 2022

On 31 March 2022, the Financial Stability Board (FSB) published its work programme for 2022. Priority areas for the FSB include: Supporting international cooperation and coordination on current financial stability issues. Against the backdrop of the Russia-Ukraine conflict and its economic impacts, the FSB is reinforcing its forward-looking monitoring to identify, assess and address new … Continue Reading

NGFS acknowledges that nature-related risks could have significant macroeconomic and financial implications

By Simon Lovegrove (UK) on March 25, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 24 March 2022, the Network for Greening the Financial System (NGFS) issued a statement on nature-related financial risks. Among other things the statement notes that on the basis of available scientific evidence, the NGFS is of the view that nature-related risks, including those associated with biodiversity loss, could have significant macro-economic implications, and that … Continue Reading

Regulation Around the World focusing on horizon scanning – out now

What’s on the regulatory horizon for financial services firms? In the latest instalment of our Regulation Around the World series we focus on horizon scanning with members of our global financial services team exploring some of the key upcoming regulatory trends. Our global updater focussing on horizon scanning is accompanied by further analysis in our … Continue Reading

Beyond Sanctions – new financial services hub

By Simon Lovegrove (UK) on March 22, 2022 Posted in Africa, Asia, Australia, Beyond Sanctions: Key considerations for financial services firms, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

Our financial services and regulation team have launched the ‘Beyond Sanctions’ insights hub, highlighting the broader issues that financial services firms will need to consider, above and beyond the immediate concerns and challenges arising from the economic sanctions. Visit our hub to find out more.… Continue Reading

IOSCO consults on recent retail investor trends and related conduct implications

On 21 March 2022, the International Organisation of Securities Commissions (IOSCO) published a consultation report that seeks comments on the issues identified in an earlier report by its Retail Market Conduct Task Force (RMCTF) which focussed on the retail conduct implications of COVID-19. The RMCTF report was largely based on a survey which highlighted some … Continue Reading

FSB report – FinTech and Market Structure in the COVID-19 pandemic – Implications for financial stability

On 21 March 2022, the Financial Stability Board (FSB) published a report regarding FinTech and Market Structure in the COVID-19 pandemic – Implications for financial stability. The main outcome of the report was that the COVID-19 pandemic has accelerated the trend toward digitalisation of retail financial services. While comprehensive data on the market shares of … Continue Reading

Basel Committee newsletter on AI and machine learning

By Simon Lovegrove (UK) on March 17, 2022 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Kingdom, United States

On 16 March 2022, the Basel Committee on Banking Supervision issued a newsletter on artificial intelligence (AI) and machine learning (ML). Among other things the Basel Committee mentions that it is working to develop further insights into AI and ML and its discussions are focusing on the following areas: The extent and degree to which … Continue Reading

IOSCO 2022 sustainable finance work plan

By Simon Lovegrove (UK) on March 15, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 14 March 2022, the International Organization of Securities Commissions (IOSCO) published its work plan to develop sustainable finance. Among other things IOSCO plans to review the soon-to-be-published IFRS International Sustainability Standards Board (ISSB) Exposure Drafts of proposed climate and general sustainability disclosure requirements, as well as the final standards when they are produced. The … Continue Reading

FSB, CPMI and IOSCO analysis highlights need to continue work on CCP financial resources

By Simon Lovegrove (UK) on March 11, 2022 Posted in Asia, Australia, Canada, Clearing and settlement, Clearing and Settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, Clearing and Settlement, France, Germany, Italy, The Netherlands, United Kingdom, United States

On 10 March 2022, the Financial Stability Board (FSB), the Committee on Payments and Market Infrastructures (CPMI) of the Bank for International Settlements and the International Organization of Securities Commissions (IOSCO) co-published a report analysing existing financial resources and tools for central counterparty (CCP) recovery and resolution, which confirmed the need for further work on … Continue Reading