#Federal Decree-Law No. 20 of 2018

[fawziamlaw]

https://dailygram.com/blog/1299604/the-latest-on-financial-crime-in-the-uae-what-you-need-to-know/

The Latest on Financial Crime in the UAE: What You Need to Know

The United Arab Emirates has a solid framework in place to combat financial crime. It's based on international best practices and is regularly updated to keep up with the latest trends. The UAE has a number of laws that deal with financial crimes. For instance, the Federal Decree-Law No. 20 of 2018 (AML Law) outlines crimes related to money laundering, financing terrorism, and unlawful organizations. 

[recentlyheardcom]

All that you should know about the New Anti-Money Laundering Law

Author Dr. Hassan Elhais Published May 22, 2020 Word count 1,170 AS part of the requirement of the Financial Action Task Force (FATF), a Federal Decree No. 20 of 2018 on anti-money laundering and countering the financing of terrorism was issued on 23 September 2018. From mandatory declaration at exit and entry point such as the airport for anyone entering or leaving the country to defining the…

[jeanjane]

How UAE Accounting Firms Are Adapting to New Financial Regulations

The financial landscape in the UAE has witnessed significant transformations in recent years due to the introduction of new financial regulations. These changes have brought challenges and opportunities for businesses and accounting firms alike. To remain compliant, competitive, and reliable, accounting firms in the UAE are evolving their strategies to meet these regulatory demands. This article will explore how accounting and auditing firms in the UAE are adapting to these new financial regulations, focusing on key areas like audit services, external and internal auditing, and feasibility studies.

Introduction to New Financial Regulations in UAE

Over the past decade, the UAE government has introduced various regulations aimed at enhancing transparency, preventing financial fraud, and encouraging economic growth. These include laws related to value-added tax (VAT), anti-money laundering (AML), and international financial reporting standards (IFRS) compliance. Accounting firms are at the forefront of ensuring that businesses comply with these regulations, requiring firms to continually adapt and update their service offerings.

The Impact of Financial Regulations on UAE Accounting Firms

New financial regulations affect several aspects of business, from tax filing to annual audits. The shift has made it essential for accounting firms to redefine their roles. Accounting firms are now responsible not only for offering basic accounting services but also for ensuring that businesses are compliant with evolving regulations. This requires a strong grasp of the latest compliance requirements, risk assessment protocols, and a proactive approach to helping clients adapt.

Increased Demand for Audit Services in UAE

One of the most significant impacts of new financial regulations is the increased demand for audit services in UAE. The UAE’s commitment to financial transparency, as demonstrated by the Federal Decree-Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism, has mandated stricter compliance measures for all businesses. This has led to heightened demand for internal and external audits.

Internal Audit Services: Internal audits have become essential in evaluating the effectiveness of a company's risk management, control, and governance processes. Accounting firms offering internal audit services must ensure that businesses comply with internal control procedures and legal regulations while improving operational efficiency.

External Audit Services in UAE: With the increasing complexity of financial regulations, businesses need external audit services to verify the accuracy of financial records, identify discrepancies, and recommend improvements. These external audits provide assurance that a company’s financial statements are a true reflection of its financial standing.

Adoption of Advanced Technology in Auditing and Accounting

To adapt to new financial regulations, accounting and auditing firms in the UAE are investing heavily in advanced technology. The implementation of data analytics, artificial intelligence (AI), and cloud-based accounting tools has streamlined audit and compliance processes.

The Role of Data Analytics in External Auditing

Data analytics allows accounting firms to sift through large volumes of financial data more quickly and efficiently, identifying patterns and irregularities that manual auditing may overlook. This leads to more accurate audits and faster response times to regulatory changes. As a result, the adoption of data analytics has enhanced the reliability of external audit services in UAE.

AI and Automation in Internal Audits

AI has been playing a crucial role in automating repetitive tasks and providing real-time monitoring of financial activities. In the context of internal audit services, AI helps in flagging high-risk transactions, reducing manual errors, and improving the accuracy of financial reports. Accounting firms that leverage AI in their internal audits can offer more robust, data-driven solutions that align with the latest regulatory frameworks.

Cloud-Based Accounting Systems

Cloud-based systems provide real-time access to financial data, which is essential for ensuring compliance with evolving regulations. By integrating cloud-based accounting systems, accounting firms can improve collaboration with their clients, offering faster and more transparent auditing and consulting services.

Consulting and Advisory Services to Navigate Regulatory Changes

Another way UAE accounting firms are adapting to new regulations is by offering enhanced consulting services, such as feasibility study consultants in UAE. These services have become essential for businesses looking to expand or diversify while remaining compliant with new regulations.

Feasibility Study Consultants UAE: Guiding Businesses Through Regulatory Compliance

A feasibility study is critical for any business decision, especially in light of new regulations that may impact a company’s financial stability. Feasibility study consultants assess the financial, legal, and operational viability of business ventures, helping companies make informed decisions while adhering to regulations. Accounting firms offering these services must stay updated on the latest regulatory requirements, ensuring that their clients’ projects are both legally compliant and financially feasible.

Enhanced Focus on Anti-Money Laundering (AML) Compliance

With the UAE’s strengthened AML regulations, accounting firms are under increased pressure to ensure that their clients comply with these laws. Firms are now offering specialized AML compliance audits and consultancy services. These services are designed to help businesses implement robust systems for detecting suspicious transactions, ensuring that they do not fall foul of AML regulations.

AML and External Audits

One critical aspect of AML compliance is ensuring that external audits are conducted to verify that AML procedures are followed. Accounting firms providing external audit services in UAE have developed new methodologies to address AML requirements. This includes reviewing transactions, assessing risk management strategies, and implementing best practices for financial transparency.

Training and Upskilling of Personnel

In order to meet the demands of the new financial regulations, accounting firms are investing in the training and development of their personnel. Continuous learning and upskilling have become vital components of ensuring that firms can offer high-quality audit services in UAE.

Upskilling in Regulatory Compliance

Firms are focusing on upskilling their workforce in areas such as IFRS compliance, VAT laws, and AML regulations. By doing so, they are better equipped to provide accurate and timely advice to their clients. This continuous education also allows accounting firms to offer specialized services that align with specific regulatory requirements, ensuring that they stay competitive in the evolving marketplace.

The Future of Accounting Firms in UAE Amid Regulatory Changes

As the UAE continues to introduce new financial regulations, accounting and auditing firms will need to stay agile and forward-thinking. The emphasis will be on offering comprehensive, technology-driven solutions that cover everything from basic bookkeeping to sophisticated audits and regulatory compliance consultations. With advancements in AI, data analytics, and cloud technology, the future of accounting in the UAE will likely be characterized by automation, real-time reporting, and an even greater emphasis on transparency.

Importance of Adapting to Change

The ability to adapt quickly to regulatory changes will be crucial for the success of accounting and auditing firms in UAE. Firms that can innovate and offer value-added services, such as compliance audits, AML consulting, and feasibility study consultants UAE, will position themselves as leaders in the industry.

Conclusion

The introduction of new financial regulations in the UAE has significantly transformed the role of accounting and auditing firms. To remain competitive and compliant, these firms are embracing technological advancements, enhancing their audit services, and offering specialized consulting solutions. By focusing on innovation, training, and regulatory compliance, UAE accounting firms are well-prepared to navigate the challenges and opportunities presented by this new era of financial regulation.

[amaaudit]

📢 DNFBP businesses beware! The Ministry of Economy just penalized companies for failing to comply with Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) laws. Inspections revealed violations of Federal Decree-Law No. (20) of 2018, resulting in AED 50,000 worth of fines💲. Don't get caught out - ensure your DNFBP understands and follows AML/CFT regulations to avoid penalties. 💵

[aurabusinessservices]

Anti-Money Laundering (AML)

Aura Vision Advisors boasts one of the most extensive and well-established financial crime teams, ensuring our ability to develop and implement efficient, comprehensive, and standardized Anti-Money Laundering (AML) services and sanction initiatives for our global clientele. Our dependable compliance function assists in identifying and preventing fraud, safeguarding your business reputation.

Anti-Money Laundering (AML) encompasses a set of laws, regulations, and practices designed to thwart and detect the illicit process of disguising the origins of funds acquired through criminal activities as legitimate income. Money laundering entails making unlawfully obtained funds appear legal by funneling them through a convoluted series of transactions or activities, rendering it challenging to trace the original source of the funds.

Key Regulations: – Federal Law No. 20 of 2018: Anti-money laundering and combating the financing of terrorism and illegal organizations

– Cabinet Decision No. (10) of 2019: Implementing regulation of decree law no. (20) of 2018 on anti-money laundering and combating the financing of terrorism and illegal organizations

– Guidelines for Designated Non-Financial Businesses and Professions on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organizations

Key Benefits Offered by Aura Vision Advisors: – AML/CFT Framework, including policies and procedures

– KYC Forms and Internal reporting forms

– Risk Assessment Matrix

– AML CFT Training

– Monthly/Periodic AML Compliance Review Report

Partnering with Aura Vision Advisors ensures robust AML compliance measures tailored to your business needs, providing peace of mind and ensuring regulatory adherence.

[abudhabilawyers]

Can lawyers in Dubai provide guidance on compliance with anti-money laundering regulations?

Yes, lawyers in Dubai can provide essential guidance on compliance with anti-money laundering (AML) regulations. As Dubai continues to be a significant global business hub, the need for robust AML compliance is critical for businesses operating within the UAE. Law firms in Dubai play a pivotal role in assisting companies to navigate the complexities of these regulations effectively.

Understanding AML Regulations in Dubai

The UAE has implemented stringent AML regulations to prevent financial crimes, money laundering, and the financing of terrorism. These regulations align with international standards set by bodies such as the Financial Action Task Force (FATF). Businesses in Dubai must comply with these laws, which involve thorough customer due diligence (CDD), reporting suspicious transactions, and maintaining comprehensive records.

Role of Law Firms in Dubai

1. Legal Advisory and Compliance Strategies: Law firms in Dubai offer expert advice on the legal frameworks governing AML compliance. They help businesses understand their obligations under UAE law, which includes the Federal Decree-Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism. Lawyers provide tailored compliance strategies to ensure businesses meet regulatory requirements.

2. Risk Assessment and Management: A critical component of AML compliance is conducting risk assessments to identify potential vulnerabilities in business operations. Law firms in Dubai assist companies in developing robust risk management frameworks. This involves assessing the risk profiles of clients, transactions, and geographical locations to implement effective AML measures.

3. Developing Internal Policies and Training: Lawyers aid in the creation of internal policies and procedures tailored to the specific needs of a business. These policies ensure that employees understand their roles in preventing money laundering. Additionally, law firms conduct training programs to educate staff about AML regulations and the importance of compliance, fostering a culture of vigilance and responsibility within the organization.

4. Due Diligence and Reporting: Compliance with AML laws requires thorough customer due diligence. Law firms in Dubai assist in setting up processes for verifying the identity of clients and conducting background checks. They also help businesses establish systems for monitoring transactions and reporting suspicious activities to the relevant authorities, such as the UAE Central Bank’s Financial Intelligence Unit (FIU).

5. Audits and Legal Representation: Regular audits are necessary to ensure ongoing compliance with AML regulations. Lawyers provide support in conducting internal audits and can represent businesses during external audits by regulatory authorities. In cases of non-compliance, law firms offer legal representation to navigate any investigations or legal proceedings.

Conclusion

In summary, law firms in Dubai are equipped to provide comprehensive guidance on AML compliance, ensuring businesses operate within the legal frameworks established by UAE law. By leveraging the expertise of these legal professionals, companies can mitigate the risks associated with money laundering and maintain their integrity in the global marketplace. The proactive involvement of lawyers in Dubai in AML compliance not only protects businesses from legal repercussions but also contributes to the broader effort of combating financial crimes.

[afsauditing]

Recognizing UAE Anti-Money Laundering Regulations: Preserving Financial Integrity

In the global landscape of finance, ensuring the integrity and transparency of financial transactions is paramount. Nowhere is this more emphasized than in the United Arab Emirates (UAE), a hub of economic activity and a pivotal player in the international financial markets. Recognizing the significance of combating illicit financial activities, the UAE has implemented stringent Anti-Money Laundering (AML) policy uae regulations, aimed at preserving the integrity of its financial system. In this comprehensive guide, we delve into the intricacies of UAE AML regulations, and how partnering with AFS can assist in navigating this complex regulatory landscape.

Understanding UAE Anti-Money Laundering Regulations

Overview of UAE AML Framework

The UAE has established a robust framework of Anti-Money Laundering regulations to combat financial crimes effectively. Central to this framework is the UAE Central Bank, which oversees and enforces AML regulations across the country. The regulatory landscape is further strengthened by various legislative measures, including Federal Decree-Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT).

Key Components of UAE AML Regulations

Customer Due Diligence (CDD)

One of the fundamental pillars of UAE AML regulations is Customer Due Diligence (CDD). Financial institutions operating in the UAE are required to conduct thorough due diligence on their customers to verify their identities and assess the risk of potential money laundering activities. This process involves gathering pertinent information about customers, such as their identity, source of funds, and business activities.

Reporting Requirements

UAE AML regulations mandate financial institutions to report any suspicious transactions or activities to the relevant authorities, such as the Financial Intelligence Unit (FIU). This reporting mechanism plays a crucial role in detecting and preventing money laundering and terrorist financing activities.

Compliance and Training

To ensure adherence to AML regulations, financial institutions in the UAE are required to establish robust compliance programs and provide ongoing training to their employees. These programs aim to educate staff members about their obligations under AML laws and enhance their ability to identify and report suspicious activities effectively.

Role of AFS Auditing in Compliance

Expertise and Experience

As a leading provider of financial services, AFS Auditing brings unparalleled expertise and experience in assisting businesses navigate the intricate landscape of UAE AML regulations. With a deep understanding of regulatory requirements, AFS Auditing offers tailored solutions to ensure compliance while optimizing operational efficiency.

Technology Solutions

In an era of digital transformation, AFS Auditing leverages cutting-edge technology solutions to streamline AML compliance processes. From advanced risk assessment tools to automated transaction monitoring systems, AFS Auditing empowers businesses with the tools they need to mitigate risks and stay ahead of evolving regulatory requirements.

Dedicated Support

At AFS Auditing, we understand the challenges businesses face in complying with complex AML regulations. That's why we provide dedicated support and guidance every step of the way. Our team of seasoned professionals works closely with clients to develop customized compliance strategies, conduct risk assessments, and implement robust controls.

Conclusion

In conclusion, navigating the regulatory landscape of UAE Anti-Money Laundering regulations requires a thorough understanding of complex legal requirements and a proactive approach to compliance. With AFS Auditing as your trusted partner, you can navigate these challenges with confidence, knowing that you have a team of experts by your side. Together, we can uphold the integrity of the financial system and contribute to a safer and more transparent business environment.

[shahananasrin-blog]

[ad_1] ABU DHABI, 9th August, 2023 (WAM) -- The Central Bank of the UAE (CBUAE) has revoked the licence of Dirham Exchange, an exchange house operating in the UAE, and struck off its name from the Register, and revoked the registration of RMB Commercial Brokers Co, a Hawaladar operating in the country.The administrative sanctions followed an appeals procedure, pursuant to Article 137 of the Decretal Federal Law No.14 of 2018 regarding the Central Bank and Organisation of Financial Institutions and Activities and article 14 of the Federal Decree Law No.20 of 2018 on Combating Money Laundering Crimes, the Financing of Terrorism and the Financing of Illegal Organisations.The administrative sanctions are the result of the examinations' findings conducted by the CBUAE, revealing serious regulatory misconduct, including AML misconduct and collusion in evading CBUAE's instructions to the exchange house not to engage in remittance transactions with certain countries. The findings showed that they had a weak compliance framework and failed to comply with their regulatory obligations and to report regulatory breaches to the CBUAE.The CBUAE, through its supervisory and regulatory mandates, works to ensure that all exchange houses, their owners and employees and Hawaladars abide by the UAE laws, regulations and standards adopted by the CBUAE to safeguard the transparency and integrity of the UAE financial system. [ad_2]

[allthebrazilianpolitics]

Brazilian football teams want to weigh in on sports betting taxation

Eight football teams in Brazil’s top division requested to be heard by the federal government as it prepares regulations for sports betting websites.

Finance Minister Fernando Haddad said on Monday that he estimates that taxes on sports betting could bring in between BRL 12 billion and BRL 15 billion (USD 2.3 billion to USD 3 billion) per year.

Sports gambling platforms operate in a legal gray area in Brazil, after being authorized by a 2018 provisional decree issued by former President Michel Temer and later enacted into law. The 2018 law stipulated that the Finance Ministry should provide regulation for sports betting within four years. That deadline expired on December 13 last year. 

Since the government has so far failed to provide regulation for betting platforms, the bookies are all officially based in foreign countries, despite airing ads in Brazil and sponsoring all 20 teams in Brazil’s top division.

Continue reading.

[snommelp]

There are so many quotable lines/paragraphs in this (long) article, but I suppose I’ll highlight this one:

The 2020 presidential election will be the first in 40 years to take place without a federal judge requiring the Republican National Committee to seek approval in advance for any “ballot security” operations at the polls. In 2018, a federal judge allowed the consent decree to expire, ruling that the plaintiffs had no proof of recent violations by Republicans. The consent decree, by this logic, was not needed, because it worked.

The order had its origins in the New Jersey gubernatorial election of 1981. According to the district court’s opinion in Democratic National Committee v. Republican National Committee, the RNC allegedly tried to intimidate voters by hiring off-duty law-enforcement officers as members of a “National Ballot Security Task Force,” some of them armed and carrying two-way radios. According to the plaintiffs, they stopped and questioned voters in minority neighborhoods, blocked voters from entering the polls, forcibly restrained poll workers, challenged people’s eligibility to vote, warned of criminal charges for casting an illegal ballot, and generally did their best to frighten voters away from the polls. The power of these methods relied on well-founded fears among people of color about contact with police.

This year, with a judge no longer watching, the Republicans are recruiting 50,000 volunteers in 15 contested states to monitor polling places and challenge voters they deem suspicious-looking. Trump called in to Fox News on August 20 to tell Sean Hannity, “We’re going to have sheriffs and we’re going to have law enforcement and we’re going to have, hopefully, U.S. attorneys” to keep close watch on the polls. For the first time in decades, according to [former Trump staffer Justin] Clark, Republicans are free to combat voter fraud in “places that are run by Democrats.”

[rafawriter]

In 2018, a federal judge in Memphis ruled that the city’s police department was in violation of a decades-old federal consent decree prohibiting local law enforcement from gathering “political intelligence.” The ruling followed litigation that revealed that Memphis police’s Office of Homeland Security, a unit set up following the 9/11 attacks, had engaged in widespread and systemic surveillance of the constitutionally protected activities of individuals protesting, among other things, the killings of black men at the hands of police. The litigation strikingly revealed how the domestic political surveillance efforts ramped up after 9/11 evolved in the post-Ferguson era. It exposed a fake Facebook profile police had created to “friend” activists and monitor their discussions and plans. It showed that police had used software designed to comb social media chatter and map connections between individuals based on their digital interactions. It revealed that police had been compiling a series of “joint intelligence briefs” on local activists, including pictures, comments, and details about events they planned to attend, which they then distributed as often as three times a day to other law enforcement agencies, including the FBI, the military, and a number of large local businesses, such as FedEx. And the litigation revealed that police had also monitored church services, candlelight vigils, even a black-owned food truck festival and a school supplies giveaway.

https://theintercept.com/2020/01/20/political-surveillance-police-activists-tennessee/

[fandomtrumpshate]

FTH nonprofits: the Young Center for Immigrant Children’s Rights

This year, FTH is dedicating the fight to twelve incredible charity organizations that work ceaselessly to protect marginalized and vulnerable communities. Each day for the next twelve days, we’ll be posting a more in-depth look at what one of these organizations does and how a donation could help their cause. 

the Young Center for Immigrant Children’s Rights: advocating for unaccompanied immigrant children.

Immigration has been a hot topic throughout Trump’s election campaign as well as during the first 2 years of his administration. A large spike in arrivals at the US/Mexico border during 2014 sparked a political crisis as a record of 69,000 children and 68,000 families arrived at the border. The number of unaccompanied children and family units apprehended decreased in the 2015 financial year, but the US Border Patrol apprehended 20,455 unaccompanied children and 24,616 family units between October 2015–January 2016. This represents approximately half of the totals of the entire 2015 financial year, leading to the assumption that rather than a one-time surge, the increased levels of immigration would continue.(1) While the Wall and the separation of families have made headlines, the administration has also sought to nullify the protections afforded to unaccompanied minors that immigrate into the US. In September 2018, the Department of Homeland Security and the Department of Health and Human Services (HHS) issued a proposal that would allow the US government to hold minors in detention so long as their immigration case remains open, instead of a maximum of 20 days.(2) The proposed regulations would invalidate the Flores Settlement Agreement, a decree that has stipulated the treatment of detained underage migrants since 1997. The regulations would also deprive unaccompanied minors of special protections under the law. Over the past two fiscal years, more than 40%of unaccompanied minors were released to their parents, according to HHS. Should the proposal pass, rights such as seeking asylum before a trained asylum officer instead of in the more adversarial immigration courts would be stripped if an unaccompanied minor travelled to the US to join parents already in the country.(3) The Young Center for Immigrant Children’s Rights (The Young Center) champions the rights of unaccompanied immigrant children and serves their best interests, ensuring their safety to the extent of its capacity. Advocating for the safety and well-being of each child throughout the detainment and deportation process, The Young Center aims to create an immigration system that serves children and advocates for immigration proceedings to take best interest into account when decisions are made, with due regard to the child’s expressed wishes.(4) (5)

The Young Center, guided by the principals of the Convention on the Rights of the Child, operates on three main fronts. Its attorneys, social workers and bilingual volunteers are appointed as Child Advocate (guardian ad litem) by the Department of Health and Human Services. These independent advocates ensure that children’s best interests are recognised throughout legal proceedings and give recommendations based on state and international law to government decision makers including judges, asylum officers and enforcement officials. This direct service is combined with efforts to implement a Best Interests Framework, which incorporates best interests considerations in the absence of a standard in immigration law and reminds decision makers of their discretion to consider best interests. Lastly, The Young Center seeks to preserve the existing protections, recently focussing on those set forth in the Trafficking Victims Protection Reauthorization Act (TVPRA), which was up for reauthorization in 2017 and enacted on January 9th 2019. (6) (7) Given the political climate, The Young Center believes that it is crucial to safeguard existing laws, policies and practice that provides unaccompanied immigrant children with protections such as access to attorneys and Child Advocates, family reunification and access to a court hearing.(8) The Young Center was founded in Chicago in 2004, given funding from the Department of Health & Human Services, Office of Refugee Resettlement and charged with developing a programme to advocate for the best interests of unaccompanied immigrant children which recognised their status as children. In 2008, Congress passed the TVPRA. which included a provision for the appointment of Child Advocates whose role is to advocate for the child’s best interests. The Young Center continued its work, opening up additional offices and advocating for the expansion of the Child Advocate programme, which came to fruition with a 2013 Congress amendment to the TVPRA. During the Trump administration, The Young Center has focused its efforts on safeguarding hard-earned protections for immigrant children and responding to the implementation of changes to federal policy outlined in the January Executive Orders and directives issued by the Department of Homeland Security (DHS). The Young Center has so far assigned Child Advocates for more than 2500 children, and has a total of eight locations across the US.(5) (8) The Young Center for Immigrant Children's Rights is a tax deductible 501(c)3 charitable organisation. Citations: [1] Chishti, Muzaffar and Hipsman, Faye. “Increased Central American Migration to the United States May Prove an Enduring Phenomenon.” Migration Policy Institute, 18 Feb. 2016. [2] Bach, Natasha. “Trump Administration to Bypass Limits on Detention of Child Migrants Through New Regulations.” Fortune, 6 Sept 2018. [3] Miroff, Nick and Sacchetti, Maria. “Trump administration to circumvent court limits on detention of child migrants,” The Washington Post, 6 Sept 2018. [4] Young Center for Immigrant Children's Rights [5] “About The Young Center.” Young Center for Immigrant Children's Rights. [6] “President Donald J. Trump Is Fighting to Eradicate Human Trafficking.” The White House, 9 Jan. 2019. [7] “S. 1862 — 115th Congress: Trafficking Victims Protection Reauthorization Act of 2017.” GovTrack. [8] “FAQs”, Young Center for Immigrant Children's Rights.

[comp6841]

Separation of Powers

Our System (Australia)

Our constitution defines the rules by which our country run and describes three main bodies responsible for governance:

Parliament - Composed of the Queen (represented by Governor-General), Senate and House of Representatives.

Role: Produces and amends laws

Executive - Made up of the Queen (represented by Governor-General), Prime Minister and ministers.

Role: Puts the laws into action

Judiciary - Composed of the High Court and other federal courts.

Role: Makes judgements about the law

The system doesn’t have complete separation of power as we have overlap in the roles of the Queen, ministers and responsibilities of appointments regarding judges. However, there is an expectation that the executive are held to account as they are required to maintain support of their parties within parliament to remain in government. Every few years these members of parliament change with elections, where the people are “given a say” as to who they wish to represent them.

The Romans

The Roman Republic had a rather complex constitution which consisted of a number of controls to ensure the separation of powers. Initially it was heavily influenced by the aristocrats (of nobility) but over time many of the laws which cemented their control were repealed, giving more power back to the plebians. During their massive expansion and conquest of much of Europe, this system was replaced with an Empire - this is credited as occurring just after the assassination of Julius Caesar and the Senate’s grant of power to August which essentially made him the first emperor.

The Senate

The Senate derived it’s authority from the prestige of the members within it; it was responsible for passing decrees which gave official direction to magistrates. It also provided management advice on foreign policy and military direction. You had to be born of nobility, held public office and had a sizeable amount of land (100,000 denarii) worth to be eligible to enter the Senate, and had to be accepted by the existing senators.

Legislative Assembly

There were two types of assemblies made up from the People of Rome:

Committees (comitia) - group of citizens

Councils (concilia) - assemblies of specific citizens

These groups were responsible for enacting laws, managing alliances and war, capital punishments and election of magistrates.

Magistrates

These people were chosen by the People of Rome and held a number of constitutional powers. Depending on their level this may include:

Imperium (consuls, praetors) - authority to command a military force

Coercion - maintain public order; able to freely punish out of Rome however inside Rome citizens had protection (to appeal) via Provocatio

Auspicia  - power and duty to look for omens which could be used to obstruct political opponents (i.e. ending meet or vetoing colleague)

They had checks and balances in place over a magistrates power such as:

Collegiality - every magisterial office held by at least 2 people

Provocatio - citizen’s could appeal powers used by magistrate against them to a tribune

Limited terms - they needed to wait 10 years before serving in same office again after expiry

There were a number of different levels within the magistrates:

Consul - highest ranking with supreme power over military and civil matters; they would lead armies abroad and could be the authority in the Senate and assemblies

Praetor - lead smaller armies and involved in civil law

Censors - 2 elected every five years to conduct a census; during this time they could add or remove from the senate

Aediles - responsible for running games and shows in Rome

Quaestors - often responsible for finances, assisting either the consuls or governors

Tribunes - some involved in commanding portions of the Roman army, some as checks on authority for the Senate and other magistrates

Dictator - appointed officials for periods of six months during military emergency (dissolving the government during this time) and had absolute power of the state

The Greeks

They were actually responsible for the first known democracy in the world - referred to as “Athenian democracy” it controlled the balance of power in the city of Athens and surrounding regions. It revolved around a system of legislation and bills, with participation in the systems limited to adult men of at least 20 years of age. I feel that the power was much more in the people’s hands than in the Roman system - the diagram below (courtesy of Wikipedia) easily sums it up better than I could in a page of words.

Defying Term Limits

China used to have a two-term limit on their presidents since the 1990s, however this restriction was removed fairly recently in 2018. The constitutional changes were passed by the parliament with 2959/2964 votes (described as a “rubber-stamping exercise”); president Xi also used his power to write his name and political ideology into his party’s constitution. Interestingly, the president’s political philosophy being enshrined into the constitution will mean that school children and staff will also be forced to study it.

Some Personal Thoughts

I still feel that most these Ancient political systems are designed in such a way to give the illusion of distribution of power - they still seem to have distinct hierarchies in society. The main ideas behind these systems is the fair assumption that for the most part people will act in their own self-interest; the point being that you could use external bodies to keep everybody on check circularly. However this tended to backfire with those involves in politics essentially forming a separate social class and looking after each other.

The Roman Senate was pretty much full of rich people and while magistrates were voted on, you could only do it within the city of Rome (which was costly travel). The assemblies were divided into voting sections by wealth which meant that the top 1-2% by wealth had approximately 50% of the votes. All the officials within the system were also extremely susceptible to bribery and corruption; no-one really had a vested interest to keep them in check.

I think we still face many of these issues today - people in political power are still looking out for themselves and we rely on transparency in government for the people to be able to keep them in check. I would argue we don’t really have the level of transparency we should have; there are still many methods to provide “political donation” in a sense, without a need for disclosure. We have a growing concentration of wealth in a number of individuals which are able to control the media and thus control the imagery that the people see. This makes it almost political suicide to act against their interests.

[newjerseyprelawland-blog]

Activision Sexual Harassment Scandal

By Josiah Baik, Rutgers University Class of 2023

August 29, 2022

Activision is a company that specializes in the development of video games, known famously for works such as Call of Duty, Guitar Hero, and many other classics. [1] Activision was founded in 1979 in Sunnyvale, California, and is now one of the largest third party video game publishers in the world. In 2008, Activision strategically merged with another gaming company known as Blizzard, and this collaboration has opened up many new opportunities for the company and for the gaming community. Despite the numerous and bountiful successes brought up by the company, there has been a terrible streak of sexual harrassment and sexual bias allegations within the organizations.

On July 20, 2021, the California Department of Fair Employment and Housing filed a lawsuit against Activision Blizzard for sexual bias allegations after a lengthy two year investigation. The company was accused of promoting a “Gamer” culture that unfortunately disregarded the well-being of female employees. Despite only being 20% of the Activision Blizzard employee population, many of them went through  constant sexual harrassment, unequal pay, and retaliation. [2] There were many recollected events of abuse towards female employees, whether it was openly joking about rape towards them, passing responsibilites to female coworkers to play video games, or being passed over for promotions because “They might become pregnant”. There are a multitude of disturbing and gross sexual harrassment stories, even going so far as to a female employee committing suicide after intense sexual harrassment with her nude pictures  being circulated around the workplace. The worst part of it all is how much of the company played a part in adding to the problem; it was revealed that many prominent figures of the company, including the President and the CEO, were involved in sexual harrassment scandals that later caused them to resign or be fired. In addition, instead of doing anything to address the problem, the company decided to downplay the validity and severity of the situation, as well as trying to destroy and hide evidence related to the allegations. The tone-deaf nature of how the problem was being handled led to others taking matters into their own hands, whether it was employees staging walkouts and signing petitions, or fans boycotting the company and its games.

In response to Activision Blizzard’s crimes, the U.S. Equal Employment Opportunity Commission stepped up to fight the company in court. The U.S. Equal Employment Opportunity Commission (EEOC) is an organization in charge of enforcing federal laws that make it illegal to discriminate against an employee based on their race, color, religion, sex, national origin, age, disability, or genetic information. [3] The laws covered by the EEOC apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. The EEOC also has the authority to investigate charges of discrimination against employees, making sure to fairly and accurately assess allegations in an investigation. If a discrimination is found, they try to settle the charge, and if that isn’t successful, theyhave the authority to file a lawsuit to protect the rights of the individuals.

In 2018, the EEOC received a letter regarding the sexual harrassment  allegations taking place at Activision Blizzard, and after gathering more information, the EEOC initiated an investigatio, which later led to them filing suit in federal court. The EEOC alleged that Activision Blizzard violated Title VII of the Civil Rights Act of 1964 by subjecting employees to sexual harassment, pregnancy discrimination, and retaliation related  to sexual harrassment or pregnancy discrimination. [4] They also filed a proposed Consent Decree resolving the lawsuit and gave an outline on how Activision Blizzard would provide monetary and non-monetary relief to their potential victims. The Consent Decree settle’s the EEOC’s cases, providing relief such as monetary relief for harmed individuals, victim specific relief the provides non-monetary relief for harmed individuals, and injunctive relief intended to correct  and prevent discrimination.

The case turned out a success, as a Los Angeles federal judge signed off on Activision Blizzard Inc’s $18 million settlement of the U.S. EEOC lawsuit. EEOC spokeswoman Nicole St. Germain says that the agency is pleased with  the approved settlement, and that in addition to the payout, the deal requires Activision to take steps to prevent and address the discrimination, harrassment, and retaliation problems. [5]

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Josiah Baik is a rising senior at Rutgers University, majoring in Criminal Justice with a minor in Psychology. He is currently studying for the LSATs and hopes to attend law school in the future.

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[1] “About Us.” Activision, Activision Publishing, https://www.activision.com/company/aboutus.

[2] Greenbaum, Aaron. “Everything You Need to Know about the Activision Blizzard Scandal .” Den of Geek, 20 Jan. 2022, https://www.denofgeek.com/games/activision-blizzard-lawsuit-major-events-history-everything-explained/.

[3] “Overview.” US EEOC, https://www.eeoc.gov/overview.

[4] “What You Should Know about: Eeoc's Settlement with Activision Blizzard.” US EEOC, https://www.eeoc.gov/what-you-should-know-about-eeocs-settlement-activision-blizzard.

[5] Person, and Daniel Wiessner. “Activision, EEOC Win Judge's Approval of Sex Bias Settlement.” Reuters, Thomson Reuters, 30 Mar. 2022, https://www.reuters.com/legal/transactional/activision-eeoc-win-judges-approval-sex-bias-settlement-2022-03-29/.

[rjzimmerman]

Excerpt:

The administration’s strenuous efforts to transform the government — especially by rolling back Obama-era measures, such as the fuel-economy standards — have been well documented and bitterly fought over. But the “deconstruction of the administrative state,” as former White House adviser Stephen Bannon once put it, has another, far less heralded side: the administration’s passive approach. From labor violations to financial crimes to climate protections, the Trump administration’s profound effect on American life may result just as much from the enforcement actions it doesn’t take as the ones it does.

Key agencies appear to have backed off the enforcement of regulations even when action to protect citizens is essential to the spirit of the laws.

This is not something presidents are allowed to do, the courts have said. Executive branch “authority does not extend to the refusal to execute domestic laws,” then-Justice John Paul Stevens wrote in an April 2007 caseordering the George W. Bush administration’s EPA to draw up regulations limiting greenhouse gas emissions, as required under the Clean Air Act.

Now the EPA is again putting off its obligations. In the year after Trump took office, civil cases brought by the Justice Department for pollution violations fell 44 percent and penalties dropped by 49 percent, according to figures assembled by the Environmental Integrity Project, a watchdog group of former enforcement attorneys, public interest lawyers and analysts. In a report, the group said the Trump administration had lodged consent decrees for 48 civil cases against polluters and collected $30 million in penalties from Inauguration Day through Jan. 20, 2018, a reduction of more than half from the first year of the previous three administrations. The report also highlighted 15 cases of industrial facilities that received notices from the EPA for serious violations of air pollution limits before the Trump administration took office; only two have been resolved, and one of those incurred no penalty and only $1,100 in compliance actions.

A veteran enforcement official at the EPA, who spoke on the condition of anonymity to avoid disciplinary action, says things could get worse, because the agency is withdrawing funding for enforcement long delegated to state environmental bodies. The federal EPA has said it will take over some activities from the states, but the official says the agency has no intention of carrying out enforcement of state issues. “We have an EPA under Trump that is reducing its enforcement and exposing Americans to a lot more pollution, and it’s not what EPA is supposed to be doing,” says Tom Pelton, the Environmental Integrity Project’s communications director. “We do have laws that were passed, such as the Clean Air and Clean Water acts. There is supposed to be enforcement.”

[inhousecommunity]

Compliance and Sanctions of Anti-Money Laundering and Countering the Financing of Terrorism in the UAE

As global financial flows get increased scrutiny this year, it is important to focus on the efforts being driven by the United Arab Emirates (UAE) to preserve and enhance its position as a global financial centre. The UAE has significantly improved its regime for anti-money laundering and countering the financing of terrorism (AML/CFT) by strengthening its policies and crafting practical solutions for their effective implementation. The recent updates to AML/CFT legislation in the UAE have meant that it is serious in upholding international standards and ensuring compliance to enhance the integrity of the global financial system.

The UAE authorities require all entities, except for government owned entities and those operating in the financial free zones, to disclose Ultimate Beneficial Owners (UBOs). Further, supervisory authorities mobilise covered institutions to register on the ‘goAML’ platform and employ the filing of suspicious activity reports (“SARs”) to identify fraud schemes, and to subscribe to the automatic reporting system for sanctions lists. All these government measures directly contribute to these regulatory authorities’ work to protect investors, consumers and other market stakeholders by ensuring markets operate fairly.

How do AML regulations impact me/my organisation?

Federal Decree Law No. 20/2018 on Facing Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organization and its implementing regulations as enshrined in Cabinet Decision No. 10/2019 (the “AML regulations”) expanded coverage to entities aside from financial institutions, to cover those classified as Designated Non-Financial Businesses and Professions (DNFBPs) such as: (1) real estate brokers and agents; (2) dealers in precious metals and gemstones; (3) independent accountants and auditors; (4) corporate service providers; and (5) legal consultancy firms, advocates and notaries. Pursuant to the AML regulations, any person, having the knowledge that funds are the proceeds of a felony or a misdemeanour, who wilfully commits any of the following acts shall be considered a perpetrator of the crime of money laundering:

Transferring or moving proceeds or     conducting any transaction with the aim of concealing or disguising their     Illegal source.

Concealing or disguising the true     nature, source or location of the proceeds as well as the method involving     their disposition, movement, ownership of or rights with respect to said     proceeds.

Acquiring, possessing or using     proceeds upon receipt.

Assisting the perpetrator of the     predicate offense to escape punishment.

In the UAE, the Central Bank is primarily responsible for regulation of banks and financial institutions, while the 2 financial free zones (Abu Dhabi Global Market and Dubai International Financial Centre with Dubai Financial Services Authority) are responsible for regulating entities operating there. DNFBPs are regulated by multiple regulators, such as the Ministry of Economy and the Ministry of Justice. Each of these supervisory authorities is committed to developing a strong regulatory framework and providing a safe environment for organisations, companies, and DNFBPs to work according to international best practices. They shall, within their respective areas of competence, conduct risk assessments, inspections and audits, issue circulars concerning the regulatory requirements, and impose administrative sanctions for noncompliance. Read full Article click on 

What do I need to do to ensure I remain compliant with AML regulations?