Regulatory & International Trade | RIT
Helping businesses clear legal regulatory hurdles in Europe
Regulatory & International Trade | RIT
Regulatory & International Trade | RIT
Helping businesses clear legal regulatory hurdles in Europe
Trade Control & Customs
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Italy is reshaping sanctions enforcement and corporate criminal liability

Two major legislative initiatives, currently under parliamentary review, will reshape the compliance landscape for companies operating in Italy:

  • The implementation of Directive (EU) 2024/1226 (Directive), introducing criminal offenses for breaches of EU restrictive measures and integrating them into the framework of corporate criminal liability
  • The comprehensive reform of Legislative Decree 231/2001 (231 Decree), aimed at revising the regime governing the liability of legal entities for crimes committed by their managers or employees in the interest or for the benefit of the company

Taken together, these developments will significantly change the Italian corporate compliance environment. On one side, compliance with international sanctions would become even more critical, not only because the scope of restrictive measures continues to expand but also because breaches may now trigger criminal liability for both individuals and companies. This also makes sanctions compliance a key component of any effective organizational model under the 231 Decree. On the other side, companies expect the upcoming reform of the 231 Decree to realign corporate criminal liability with international standards, enhancing its preventive and dissuasive function rather than its purely repressive dimension. As a result, the structure of organizational models, the role of [...]

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Quarterly Sanctions Update | Q1 2024

The EU and the UK continue in their efforts of tightening sanctions against Russia, particularly in the context of the second anniversary of the Russia’s invasion of Ukraine and the sudden death of the Russian opposition leader Alexei Navalny. In this Quarterly Sanctions Update, McDermott Sanctions and Export Controls team summarizes the most recent and significant legislative amendments, as well as changes to the existing guidance, introduced between December 2023 and April 2024.

Notably, EU companies with presence in Russia will no longer be able to rely on the “partner countries subsidiary” exemption after 20 June 2024 and will be required to obtain individual licences to provide business services to their Russian entities. The processing time, information and documents relating to licence applications may vary depending on the EU Member State; for example the French competent authority requires operators to provide company specific information as well as description of services as of April 20, 2024 via Téléservice platform. Licences will also be required under a new prohibition relating to the provision of software for the management of enterprises, industrial design, or manufacture. Finally, EU exporters will need to ensure that they insert “no Russia clauses” in their agreements, prohibiting [...]

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