Bedrijfsjuridische Berichten

Uitgever Wolters Kluwer
Tijdschrift Bedrijfsjuridische Berichten
Datum 21-10-2015
Aflevering 22
RubriekMededingingsrecht
TitelEconomic Sanctions and Trade Restrictions
CiteertitelBb 2015/71
SamenvattingThis special edition of Bedrijfsjuridische berichten is devoted to the subject of international trade restrictions, an area of growing concern for many companies and financial institutions that are directly or indirectly involved in cross-border sales or purchases, or in the financing of such transactions. Due to the international nature of this theme, all four contributions to this edition are in English. The first article provides a general introduction to three of the main regulatory hurdles to international trade, i.e. export controls, trade sanctions and anti-dumping and anti-subsidy legislation respectively. Specific aspects of these three subjects are further developed in the following three contributions.
Auteur(s)M. van Wanroij , L. Korsten
Artikel aanvragenVia Praktizijn
RubriekMededingingsrecht
TitelRegulatory measures restricting the freedom to trade
CiteertitelBb 2015/72
SamenvattingInternational trade in goods or services may be affected by a range of regulatory provisions. In some cases, the physical movement of goods or the provision of services may be subject to licensing requirements. The relevant license should then be applied for and obtained from the relevant competent licensing authority prior to executing the transaction. In other cases, imports or exports of specific sorts of goods or services may be prohibited, although prohibitions are (often) origin or destination specific, or may depend on the identity of the (ultimate) recipient or end user of the goods or services. Sometimes not only actual exports are caught by restrictions, but also related activities, such as brokering, providing technical assistance or facilitating or processing payments. Such activities may be prohibited or again may be subject to licensing requirements. Certain imports, furthermore, may be made subject to additional import duties, which may serve as a financial discouragement to such trade.
Auteur(s)M. van Wanroij , L. Korsten
Artikel aanvragenVia Praktizijn
RubriekMededingingsrecht
TitelSanctions compliance: what should you know of the ownership and control structure of your business partners?
CiteertitelBb 2015/73
SamenvattingGovernments around the world are imposing an ever increasing and complex network of economic sanctions and trade embargoes which restrict commercial activity with specific countries, entities and individuals. These restrictions are being enforced with growing intensity by regulatory authorities, and with significant financial and criminal penalties for violations along with associated reputational damage, the stakes are high. In this regulatory environment, companies face a major challenge to avoid doing business with persons or entities they are prohibited from doing business with, particularly in situations when their direct business partner is not directly subject to sanctions, but is owned or controlled by a sanctioned person or entity, causing such a business partner to also be off-limits from a sanctions perspective. This article focuses on the issue of indirectly making funds or economic resources available to a Designated Person and considers issues such as: What is meant by ownership and control? How do you establish who owns and controls your counterparties? What practical steps should you be taking to ensure compliance? A risk-based approach to counterparty due diligence and sanctions screening is a critical component of ensuring compliance.
Auteur(s)C. Barker , J. Forrest
Artikel aanvragenVia Praktizijn
RubriekMededingingsrecht
TitelDoing business with Russia today: compliance challenges for companies
CiteertitelBb 2015/74
SamenvattingThe November 2013 ‘Maidan’ protest in Kiev triggered a course of events that have had profound effects, reaching well beyond Ukraine’s borders. Since the toppling of the government of President Yanukovych, the installation of a pro-European government and the subsequent annexation of Crimea, Russian-European Union relations have reached a low point. The European Union responded to these events with sanctions and restrictive measures against Russia, and Russia has responded in kind. These measures have implications for many companies that export goods to Russia. This article provides an outline of the European Union restrictions on doing business with Russia today and what in-house counsel should know about these restrictions. We conclude with practical recommendations for in-house counsel for implementing an effective compliance strategy to tackle the challenges that these restrictions pose for companies.
Auteur(s)A. Deaconu
Artikel aanvragenVia Praktizijn
RubriekMededingingsrecht
TitelAnti-Dumping - An Overview
CiteertitelBb 2015/75
SamenvattingEuropean Union (hereafter: EU) anti-dumping policies are in place to prevent non-EU exporters gaining an unfair competitive advantage over their EU competitors. The European Commission makes use of its anti-dumping policies, which are known as trade defence instruments, to prevent the competitive environment of the EU being flooded by cheaper products. Anti-dumping rules will not simply protect EU producers in circumstances where they are being undercut by a more efficient non-EU competitor. Rather they exist to prevent dumping as a result of distorted market conditions in the domestic market of the non-EU producer. This article provides further detail and analysis of EU anti-dumping rules and considers how they are relevant to EU businesses.
Auteur(s)T. Evans , C. Barker , J. Forrest
Artikel aanvragenVia Praktizijn