Lutte contre la corruption

eAlerts Récentes

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  27.10.2023

  International

  In overturning USD 11 billion award for fraud, High Court invites discussion on arbitration’s ability to resolve large disputes involving states

  On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been “obtained by fraud” and thus was “contrary to public policy.” While the Court has yet to decide whether the award should be entirely set aside or remitted to the arbitral tribunal, Mr Justice Knowles invited discussion upon how his factual findings touched upon several key issues central to the rule of law and the conduct of arbitration including the ability of the arbitral...

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  30.08.2023

  United Kingdom

  The English court has jurisdiction to hear a conspiracy claim against a foreign state’s central bank, state officials and several other alleged co-conspirators

  SummaryThe Court of Appeal has unanimously dismissed a jurisdictional challenge in relation to a claim brought by a commercial bank in Uganda, Crane Bank Limited (“CBL”), and its shareholders against another Ugandan commercial bank, DFCU Bank Limited (“DFCU”), its holding company (DFCU Limited) as well as various current and former directors of DFCU and DFCU Limited and a number of investors in DFCU Limited.The claim concerns the defendants’ alleged involvement in a corrupt scheme orchestrated by officials of the Ugandan government and the central bank of Uganda.  ...

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  11.08.2023

  Chine

  Stricter Liability Risks for Corruption in China due to Amendments of PRC Criminal Law - New Personal Criminal Liability Risks for Executives in Foreign-Invested Enterprises in China due to Closure of Regulatory Gap between State-Owned and Privately Held Enterprises

  The Chinese regulator, the Fourth Session of the Standing Committee of the 14th National People’s Congress of the People’s Republic of China (“PRC”), has most recently examined the Draft Amendments XII to the PRC Criminal Law (“Draft Amendment XII”), which has been published on 26 July 2023 for public comments for 30 days.The Draft Amendment XII aims at further strengthening China’s anti-corruption regime following the ongoing anti-corruption campaign in the country. The proposed amendments provide stricter liability risks in certain scenarios...

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  13.06.2023

  Middle East

  UAE Corporate Tax Law: When does a non-resident juridical person have a UAE Nexus?

  BackgroundThe UAE enacted its Corporate Tax Law (the “CTL”) in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The CTL came into force on 1 June 2023. The main corporate tax rate of 9% applies on income exceeding AED 375,000 (roughly USD 102,000). The CLT provides that the rate of corporate tax which applies to “Qualifying Free Zone Persons” is 0% with respect to qualifying income and 9% on non-qualifying revenue.Under Article 11 of the CTL, a taxable person includes a non-resident person which has a UAE nexus.Cabinet Decision...

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  12.06.2023

  South Africa

  The Financial Intelligence Centre Act redeems itself!

  Combating and criminalising money laundering activities and financial acts of terrorism is an important feature of the Financial Intelligence Centre Act No. 38 of 2001 ("FICA") along with the Prevention of Organised Crime Act No. 121 of 1998. As such, ensuring that FICA is effective in curbing the scourge of money laundering activities is critical because money laundering activities and terrorist financing pose a risk to businesses daily. South Africa was greylisted by the Financial Action Task Force ("FATF") because it was found that there were numerous weaknesses in South Africa’s anti-money...

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  05.06.2023

  Middle East

  UAE Corporate Tax Law: What Constitutes Qualifying Income for Free Zone Persons?

  BackgroundThe UAE enacted its Corporate Tax Law (the “CTL”) in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The CTL came into force on 1 June 2023. The main corporate tax rate of 9% applies on income exceeding AED 375,000 (roughly USD 102,000). The CLT provides that the rate of corporate tax which applies to “Qualifying Free Zone Persons” (“QFZP”) is 0% with respect to qualifying income (“Qualifying Income”) and 9% on non-qualifying revenue (“Non-Qualifying Revenue”).After much anticipation,...

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