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EditorialDeStefano, Michele, Schneider, Hendrik 20 November 2020 (has links)
No description available.
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Iran, Russia, ChinaHaellmigk, Philip 20 November 2020 (has links)
Since the Trump election, the subject of extra-territorial application of national law
– in particular U.S. law – has received considerable attention. This is so because the
U.S. administration increasingly uses this legal tool to enforce its foreign policy
interests. A legal area with a particularly strong reach of extra-territoriality is U.S.
export controls as this allows the U.S. to control foreign states’ business. A very
recent and vivid example is the Huawei trade ban by the U.S. The purpose of this
article is to show the (harsh) legal and economic effects, which the extra-territorial
application of U.S. export-related laws have on international trade.
The article will focus on the approach taken by the U.S. to impose its export controls
outside the U.S. It will analyze the legal framework of extra-territorial U.S. export
controls and explore to which extent the U.S. laws apply to foreign business, i.e.,
business outside the U.S. The article will define the cases in which foreign companies
are subject to U.S. export controls and therefore must comply with U.S. regulations.
It will show that the applicability of U.S. export controls to foreign companies and
their business is considerably broad. It rigorously controls the destiny of U.S. origin
products and components once they have been exported from U.S. territory and also
regulates the worldwide export of products that have been manufactured by using
U.S. technology. In addition, U.S. export controls impose economic sanctions on
countries (e.g., Iran) or companies (e.g., Huawei) and prohibit foreign companies
from doing business with these sanctioned parties.
Understanding U.S. export controls and its extra-territorial reach are a challenge for
foreign companies. It is a rather complex legal system that requires deeper
knowledge of the underlying concept. However, foreign companies are well advised
to comply with U.S. export controls, as the penalties for violations can be severe,
including millions of dollars in fines and even imprisonment. In addition, the U.S.
may blacklist foreign companies with the effect that business with the U.S. or
elsewhere is no longer possible. Therefore, understanding U.S. export controls and
its extra-territorial reach is vital to foreign companies.
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Compliance in times of DiscriminiationPikó, Rita, Uhl, Laurenz 20 November 2020 (has links)
Coming to terms with discrimination in the workspace (including sexual harassment
and racism) as an integral part of compliance in Germany and Switzerland in recent
years, profit-oriented companies and non-profit organizations have increasingly
had to deal with discrimination, especially sexual assault and racist behavior. This
article deals with how these risks can be addressed in compliance management
systems, which preventive measures are recommended and which special features
should be taken into account when investigating and dealing with such incidents
internally.
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Compliance risks of Blockchain technology, decentralized cryptocurrencies, and stablecoinsTeichmann, Fabian, Falker, Marie-Christin 20 November 2020 (has links)
With the rise of digitalization, myriad new technologies are currently revolutionizing
most, if not all, markets. One such technology that is receiving particular attention
from businesses, private market participants, the financial sector, and governments
alike is the blockchain. Despite its increasing popularity, most jurisdictions currently
fail to adequately regulate it, meaning that businesses cannot exploit the full
potential of blockchain technology and its various applications. This article explains
how blockchains function and delineates their associated compliance risks. Here,
particular attention will be paid to both decentralized cryptocurrencies and
stablecoins. How decentralized cryptocurrencies could potentially be abused for
money laundering, terrorism financing, and corruption purposes will be illustrated,
and different legislation and international approaches to dealing with blockchain
technology and cryptocurrencies will be highlighted. Lastly, the impact of blockchain technology and its implications for actors in the digitalized economy will
be discussed.
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Compliance Elliance Journal: Transnational Aspects of ComplianceDeStefano, Michele, Schneider, Hendrik 20 November 2020 (has links)
In this issue we focus on the transfer of
problems and ideas from the USA in connection with compliance, in particular from
a European perspective (German-speaking countries).
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The criminal responsibility of associations under Austrian LawCaspar-Bures, Bettina 20 November 2020 (has links)
The Austrian Act of Corporate Criminal Liability came into force on January 1, 2006.
Since then, associations can be penalized for judicially criminal acts of their decisionmakers and / or employees. A criminal liability of the association presupposes that
the offense was committed in favor of the association and, that the criminal offense
violates the duties determined by the association (association duties).
In the case of a violation against the VbVG, the court will impose an association fine,
which depends on the annual yield of the association. In addition, an instruction can
be issued for compensation for damage.
In 2018 there were counted 341 preliminary investigations against associations, of
which only 28 resulted in an indictment. Only in five cases, there was a conviction,
and an association fine was imposed.
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