So far, 2021 has seen less activity in terms of enforcement actions under the Foreign Corrupt Practices Act ("FCPA"), compared to 2020. In 2021, the United States Department of Justice ("DOJ") took a total of 19 enforcement actions, and the Securities and Exchange Commission ("SEC") took a total of 4 enforcement actions. Therefore we observe that the DOJ has been a lot more active than the SEC in terms of the number of enforcement actions this year.
Amendments Introduced in the Bankruptcy and Enforcement Code and Other Laws of Turkey as of November 30, 2021
The Code on Amending the Bankruptcy and Enforcement Code and Some Other Laws ["Amendment Law"] No. 7343 was adopted on November 24, 2021 and entered into force after being published in the Official Gazette No. 31675 on November 30, 2021. In this article, we will explain the critical changes brought by the Amendment Law.
Romanian Customs Authority
Starting with December 10, 2021, the customs activity currently under the auspices of the National Tax Administration Agency (“ANAF”) will be developed by the Romanian Customs Authority, founded by way of Law no. 268 of November 10, 2021, on the establishment of the Romanian Customs Authority and for the amendment of certain normative acts (“Law no. 268/2021”).
Croatia to Start Renewables Auctions for Large-scale Projects in Spring 2022
Last week two key regulatory changes took place that will have important implications for future development of the Croatian renewable energy market.
Whistleblower Protection Act Will Soon be Implemented in Poland
According to the information on the website of the Polish government, in the Ministry of Family and Social Policy, works on the bill which is supposed to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law are in progress. According to the provisions of the directive, Poland is supposed to implement the whistleblower protection regulations into its legal system by 17 December 2021.
Austria: Jingle Bells, Jingle Bells - Anti-corruption Laws for Christmas
In case you are wondering whether you are allowed to send that bottle of wine to your favourite client or donate to a charity, read below.
Six New Specialized Courts Will Be Established in Turkey
The Council of Judges and Prosecutors ["CJP"] of Turkey resolved on establishment of six new specialized courts through its decision dated November 21, 2021, published in the Official Gazette on November 30, 2021. The CJP also published an announcement on its website.
Data Confidentiality in the Management of a Case File
The writs of summons and all proceedings handled by the courts of law are recorded in an online system. The case file number, the names of the parties, the object of the file and other information are published on the Ministry of Justice’s online portal www.portal.just.ro and are also disseminated through the electronic dossier applications implemented by several courts of law.
Another Amendment to the Company Law
On 19 November 2021 the Parliament of the Republic of Serbia enacted yet another amendment to the Company Law. This is the seventh change of this piece of legislation in its 10 year long legal life. We focus here on the two which may have far-reaching consequences to the landscape of limited liability companies (LLC) in Serbia.
Romania Introduces Deposit-Return System for Beverages Packaging
As of 1 October 2022, Romanian consumers will have to pay a mandatory deposit of RON 0.50 (approx. ten Euro cents) for each bottled beverage they buy. Part of the recently introduced deposit-return system ("DRS"), this amount will be added to the shelf price of the respective beverage and will be distinctly marked on receipts. This legislative novelty has been introduced by Government Decision No. 1074/2021 on the establishment of a deposit-return system on single-use packaging ("GD 1074/2021").
Turkey: Regulation On Sharing Of Secret Information
Regulation on Sharing of Secret Information ("Regulation") issued by the Banking Regulation and Supervision Agency ("BRSA") has been published in the Official Gazette numbered 31501 and dated June 4, 2021 and will enter into force on January 1, 2022. The purpose of the Regulation is to determine the scope, form, procedures and principles regarding the sharing and transfer of bank secret and customer secret information, and the Regulation introduces detailed regulations regarding the confidentiality obligation. In this regard, we will focus on the new regulations introduced by the Regulation.
The Latest Amendments to the Serbian Companies Act
On 17 November 2021, the National Assembly of the Republic of Serbia adopted the amendments to the Companies Act (“Official Gazette of the RS”, No. 109/2021) (the „Act“) which entered into force on 27 November 2021.
Ukraine’s New Cutting-edge IT Law
Ukrainian Government has pledged to bring economic opportunities for foreign investors by digitalising the country and liberalising business laws. A big part of this promise comes with a new law “On Stimulating Development of Digital Economy in Ukraine” (“Law”). Most provisions of the Law came into force on 14 August 2021, but the Law will be operative in 2022 once all regulations are in place.
Harmonization with the Law on Archival Material and Archival Activity ("Official Gazette of RS", No. 6/2020)
The deadline for preparation of general acts and their obligatory submission to the competent Archive is approaching - December 31, 2021.
Buyers Become More Demanding with Respect to Potential Targets, AVELLUM’s Survey Reveals
AVELLUM for the second time researched how the coronavirus outbreak affected the plans of businesses to purchase or sell assets or companies in Ukraine in the next 6 to 12 months. We surveyed over 90 owners, top managers, and heads of legal departments of Ukrainian and international companies in 2021.
Changes in Procedure of Registration in the Business Registers Agency
On November 16, 2021, the Law on Amendments to the Law on Procedure of Registration in the Business Registers Agency (Official Gazette of RS no. 105/2021) (the “Law”) has entered into force, while the application of certain provisions has been postponed for the prescribed period.
Building and Environmental Permits for Data Centres – Is Austrian Permitting Law Prepared for Rapid Age of Digitalisation?
The world is undergoing a digital transformation. Whether at work, play or socialising, it is hard to imagine even a day without the Internet. Recent challenges (eg, the covid-19 pandemic) have further accelerated digitalisation. The world is far from the end of this process. Many businesses, and countries, are increasingly focusing on the digital transformation. Recent examples include cloud computing, cryptocurrency or the "metaverse" which was recently announced by Mark Zuckerberg.
Energy Agency of the Republic of Serbia Adopted Rules on Prevention of Abuse in Electric Energy and Natural Gas Market
On 28 October 2021, Energy Agency of the Republic of Serbia (“AERS”) adopted Rules on prevention of abuse in electric energy and natural gas market (“Rules”), that were published in the Official gazette of the Republic of Serbia 103/2021. The Rules are drafted in line with the Decision of Ministerial Council of the Energy Community no. D/2018/10/Mc-EnC, implementing Regulation (EU) No 122712011 of the European Parliament and of the Council on wholesale energy market integrity and transparency.