The FCPA Challenges of Doing Business in Cuba

On December 17, 2014, President Barack Obama announced a set of diplomatic and economic changes aimed at normalizing relations between the United States and Cuba after nearly 55 years of barriers between the two countries. Obama stated that diplomatic relations would be re-established with Cuba, and on May 29 his administration removed Cuba from the U.S. list of state sponsors of terrorism. New regulations issued by the U.S. Department of Treasury and U.S. Department of Commerce on January 16, 2015, allow certain U.S. exports of telecommunications, construction materials and farming equipment, and allow U.S. banking transactions in Cuba.

Click here to read the full article originally published by Corporate Counsel.

New EU Rules on Disclosure of Ultimate Beneficial Owners

On June 5, new EU’s anti-money laundering (AML) rules, namely the Fourth EU Anti-Money Laundering Directive (“4AMLD”) and a new Regulation on the information accompanying transfer of funds were published in the Official Journal of the European Union.  Together, this legislation represents the revised EU framework on anti-money laundering and terrorist financing. Member States have until June 26, 2017 to transpose the requirements of the 4AMLD into national law.  Continue Reading

New I-9 Issues Facing Employers with Recently Legalized Employees

As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario.

An employee has recently legalized their status and acquired an employment authorization document (work permit) from U.S. Citizenship & Immigration Services (USCIS).  She then goes to the Social Security Administration and obtains a new social security number.  Continue Reading

U.S. – Cuba Corporate Counsel Summit

Your essential guide to the legal and regulatory challenges facing US organizations entering the Cuban market

Tourism. Aviation. Infrastructure. Hospitality. Agriculture. Food. Retail – Every industry will have its own set of Cuban regulatory hurdles that will need to be overcome in order for U.S. businesses to successfully stake a claim. Momentum’s U.S. – Cuba Corporate Counsel Summit will bring together GC’s from major US corporations charged with the task of navigating through the regulatory landscape. They will be joined by outside counsel from the US and Cuba who have the expertise they need. Drawing lessons from European and Asian companies already operating in Cuba, you will receive a detailed strategic roadmap and essential network which will enable their organizations to chart a path to success.

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Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores U.S. Government’s Expansive Jurisdiction

Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran government official in the Central American country.  The DOJ’s action in United States of America v. Real Property Located at 1404 North Highway 190, No. 2:15-cv-00074 (E.D. La. Jan. 13, 2015), reiterates its commitment to seizing proceeds of foreign official corruption as part of its Kleptocracy Initiative, and underscores the U.S. Government’s potentially expansive jurisdiction over foreign entities based on bribes with little connection to the United States.

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Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.”

With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let me know that his guard was down.  In fact, he seemed relieved and almost eager to help me, a young lawyer that reminded him of his nephew.

This was exactly the reaction I wanted.  We exchanged pleasantries in Spanish over a cup of coffee and proceeded to have a friendly free-flowing conversation.  That conversation revealed that his company was bribing government officials in Latin America, he was a liar, and he had no idea that he had just given me the evidence I needed when I went up the chain to confront his boss.  He never saw it coming.
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Turnin’ Havana to Atlanta: The White House Opens Doors for U.S. Telecommunications Investment in Cuba and Latin America

Cuba Map

Historic changes in relations between the United States and Cuba (that touch nerves in Hip-Hop and on Capitol Hill) and new U.S. sanctions against Venezuela may provide increased opportunities for U.S. business generally, and electronic communications technologies and infrastructure providers in particular.  This week’s Cuba and Venezuela headlines, combined with recent and historic shifts in telecommunications and broadcasting markets in Mexico, on which we reported here, herald historic changes in Latin American electronic communications and infrastructure markets.

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A New Latitude: Charting a Course for Cuba

Today President Barack Obama made a stunning speech announcing steps the United States will take to reduce U.S. sanctions against Cuba. The announcement followed the release of two U.S. citizens held by the Cuban government. Alan Gross was detained by Cuban authorities in 2009 while working as a USAID subcontractor. Separately, a U.S. intelligence officer, not named in the announcement but described by the President as “one of the most important” U.S. intelligence agents in Cuba, had been imprisoned in Cuba for nearly two decades.

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Drop Your Weapons: The United States Restricts Military Exports to Venezuela

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) to restrict exports to Venezuela of certain items intended for “a military end use or end user.”  These changes complement a pre-existing U.S. arms embargo against Venezuela – in place since 2006 – that was imposed because of Venezuela’s failure to cooperate on counterterrorism initiatives.

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