��˾����ҹ����

View the related checklists about Third country

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

View the related flowcharts about Third country

International data transfers—flowchart

International data transfers—flowchart This Flowchart takes you through the various legal mechanisms for transferring personal data to a country outside the UK, eg: • an adequacy decision/regulation • appropriate safeguards like standard contractual clauses (SCCs) or International Data Transfer Agreement (IDTA), or binding corporate rules (BCRs), and • a derogation Such transfers are prohibited by the data protection regime unless you have one of these mechanisms in place. The mechanisms are designed to ensure data subjects are protected when their personal data leaves the UK. The mechanisms follow a hierarchy and this Flowchart will help you determine which is most appropriate for your organisation and processing activity. This Flowchart reflects the UK General Data Protection Regulation (UK GDPR). See also Practice Note: How to manage international personal data transfers. Note 1—adequacy decision/regulation You may transfer personal data to a country that has the benefit of a UK adequacy decision. Transfers made under an adequacy decision do not need any specific authorisation from the ICO. There...

View the related practice notes about Third country

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Standard contractual clauses and binding corporate rules—EU methodology—flowchart This Flowchart reflects the methodology set out by the European Data Protection Board (EDPB) for determining whether you can make an international transfer of personal data on the basis of standard contractual clauses (SCCs) or binding corporate rules (BCRs). You can only rely on these transfer mechanisms where the protections, enforceable rights and legal remedies provided to individuals in the recipient country are essentially equivalent to those guaranteed under the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ test was laid down in the case of Facebook Ireland and Schrems (Schrems II), which was decided under the EU GDPR. The Information Commissioner’s Office (ICO) has published Guidance on transfer risk assessments, which adopts the term ‘sufficiently similar’ in relation to transfers under the UK GDPR and uses a different methodology. The ICO is happy for organisations exporting data from the UK to follow either methodology. This Flowchart reflects the EU methodology, as set out in: • EDPB Guidelines on...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

View the related precedents about Third country

Recognising crime—red flags and warning signs for staff—law firms

Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, proliferation financing, sanctions offences, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning...

International data transfer—data recipient questionnaire

International data transfer—data recipient questionnaire The purpose of this questionnaire is to facilitate our assessment of the level of protection applying to the data we [intend to ]transfer to your organisation. We have completed section 1. We request that you check the information in section 1 and complete sections 2 to 5. 1 Details of data transfer This section has been completed by the data exporter but should be checked by the data recipient and amended as required. Data exporter [State which organisation is the data exporter—this could be an entity within a group structure] Data recipient [Identify the data recipient] What is the status of the data recipient in relation to the proposed transfer? ☐ Controller☐ Processor What type of organisation is the data recipient? ☐ Public sector organisation☐ Private sector organisation☐ Other [provide further information] Will the recipient share the data with any other parties, eg sub-processors? ☐ Yes☐ NoIf yes, please complete a questionnaire for all parties to the transfer Where is the data being transferred to? [Insert] Data or classes...

View the related q&as about Third country

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid?

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid? Family permits for durable partners and for spouses of EEA nationals are issued under different regulations and on a different basis. The Practice Note: 'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence [Archived] notes that third country nationals (TCNs) who fall within the category of ‘durable partners’ of EEA nationals are ‘extended family members’ under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052) and do not have an automatic right to accompany or join their EEA national family member who has moved/is moving to another Member State. Durable partners may be issued with a family permit, but this is not automatic and is subject to the discretion of the Entry Clearance Officer (in accordance with the relevant EU...

Have you published any articles on the implications of Brexit on the EU Benchmark Regulation?

Have you published any articles on the implications of Brexit on the EU Benchmark Regulation? We are constantly reviewing and adding to our content as a result of market practice and customer feedback. We do not have any content on the impact of Brexit specific to benchmarks in our PSL Financial Services module, however, content of this nature will be considered on our roadmap of planned additions to Lexis® PSL Financial Services. However in the meantime we refer you to the ESMA discussion paper on benchmarks regulation published February 2016 which provided advice on how non-EU benchmark administrators would be affected by the Benchmark Regulation which may shed some light on the position of the UK once full exit from the EU has occurred. Following a vote for Brexit, UK regulators along with benchmark administrators will need to work to ensure compliance with some or all of the EU Benchmarks Regulation in order to prove equivalence. In its discussion paper the European Securities and Markets Authority's...

View the related News about Third country

Council of the EU and EU Parliament reach provisional deal on benchmark reform

The Council of the EU and the European Parliament have announced a provisional agreement on a proposal to streamline benchmark authorisation and registration requirements, and to alleviate the burden on EU companies, particularly smaller benchmark administrators and benchmark users. The provisional agreement needs to be confirmed by both institutions before being prepared for formal adoption.

The EU General Product Safety Regulation starts to apply

The EU General Product Safety Regulation, Regulation (EU) 2023/988 starts to apply on 13 December 2024. This regulation replaces Directive 2001/95/EC (General Product Safety Directive) and Council Directive 87/357/EEC (Misleading Products Directive) and aims to ensure the safety of all non-food consumer products sold in the EU, both online and offline. The new rules address challenges posed by online sales and third-country imports, improve enforcement and recall procedures, and grant consumers the right to remedy for unsafe products. The regulation is expected to yield significant societal and consumer savings by reducing preventable damages from unsafe products.