IBA2016 Washington Navigating sanctions Kulik

Sep 19, 2016Download as PPTX, PDF0 likes75 views

Yaroslav Kulik

Presentation at the IBA 2016 Washington Annual Conference. Monday. Navigating sanctions in a changing world

EXPERIENCE OF RUSSIAN LAW
FIRMS IN COUNSELING ON
SANCTIONS MATTERS
PRESENTATION OF SURVEY RESULTS CONDUCTED BY A PRESENTER
AMONG THE RUSSIAN LAW FIRMS IN SEPTEMBER 2016
22

2
DID RUSSIAN LAW FIRMS ESTABLISH
SPECIAL DIVISIONS DEALING WITH
SANCTIONS MATTERS?
3
50 50
Yes No
NOTE: Hereinafter percentage among firms who advise on sanctions matters
50

2
INDUSTRY SECTORS OF ADVISING (1)
OIL AND GAS
BANKING AND FINANCE
MACHINERY PRODUCTION
AIRCRAFT CONSTRUCTION
TELECOMMUNICATIONS
DEFENSE INDUSTRY
4

2
INDUSTRY SECTORS OF ADVISING (2)
LOGISTICS
FOOD INDUSTRY
CONSTRUCTION
MEDICAL DEVICES AND EQUIPMENT
MICROELECTRONICS
PUBLIC PROCUREMENTS
5

2
DO RUSSIAN LAW FIRMS CONDUCT
COURT OR ARBITRATION CASES?
6
20
80
Yes No
80

2
TYPICAL COURT OR ARBITRATION CASES
INVOLVING SANCTIONS-RELATED MATTERS
7
DISPUTES BETWEEN RUSSIAN
BANKS AND THEIR CLIENTS ARISING
OUT OF PERFORMANCE (NON-
PERFORMANCE) OF A BANK
ACCOUNT AGREEMENT
CONTRACTUAL DISPUTES ARISING
OUT OF NON-PERFORMANCE OF
OBLIGATIONS DUE TO SANCTIONS
(TERMINATION OF CONTRACTS,
PENALTIES AND DAMAGES
RECOVERY, ETC.)

2
SANCTIONS AS A FORCE-MAJEURE
IN PRACTICE OF RUSSIAN COURTS
WORKS
DOESN’T
WORK
8
IF SANCTIONS ARE
MENTIONED IN FORCE-
MAJEURE CLAUSE
IF CONTRACT DOES NOT
CONTAIN CLAUSES RELATED
TO SANCTIONS
NOTE: A CERTIFICATE ISSUED BY A CHAMBER OF
COMMERCE AND INDUSTRY MAY BE REQUIRED TO
PROVE THE FORCE-MAJEURE EVENT

2
SANCTIONS-RELATED REPS, WARRANTIES
AND INDEMNITIES UNDER RUSSIAN LAW
SINCE 1 JUNE 2015 THE CIVIL CODE
ALLOWS PARTIES TO USE IN CONTRACTS
LEGAL INSTRUMENTS SIMILAR TO
REPRESENTATIONS, WARRANTIES AND
INDEMNITIES IN COMMON LAW
9

2
DO RUSSIAN LAW FIRMS ADVISE ON
TRANSACTIONS ASSOCIATED WITH
SANCTIONS MATTERS?
10
90
10
Yes No
90

2
TYPES OF TRANSACTIONS (1)
ESTABLISHING JOINT VENTURES WITH FOREIGN PARTNERS
ACQUISITIONS OF SHARES/INTEREST IN SHARE CAPITAL
PLACEMENT OF SECURITIES DENOMINATED IN USD OR EUR
ATTRACTING FINANCING FROM US OR EU
11

2
TYPES OF TRANSACTIONS (2)
SUPPLY OF GOODS
FIELDS DEVELOPMENT
CONSTRUCTION INVESTMENT AGREEMENTS
DOING BUSINESS IN CRIMEA
12

2
SIEMENS TURBINES STORY: SUPPLY TO A
THIRD PARTY ON “NEUTRAL” TERRITORY
13
vs
A JV OF SIEMENS AND POWER MACHINES TO
SUPPLY TURBINES TO A POWER PLANT ON
RUSSIA’S TAMAN PENINSULA. THERE MAY BE
SOME DOUBTS ABOUT AWARENESS OF SIEMENS
WITH RESPECT TO THE FINAL DESTINATION OF
TURBINES. WHAT ARE THE RISKS FOR SIEMENS TO
BREACH THE EU SANCTIONS?
?

2
DO RUSSIAN LAW FIRMS ADVISE ON
DEVELOPING COMPLIANCE PROGRAMS?
14
20
80
Yes No
80

2
HOW CAN YOU DESCRIBE THE CURRENT
SITUATION FOR YOUR RUSSIAN CLIENTS?
1
• CLIENTS CREATE SCHEMES BASED ON USING COMPANIES NON-AFFILIATED WITH
SANCTIONED ENTITY OR ENTITIES
2
• SANCTIONS SIGNIFICANTLY COMPLICATE DOING BUSINESS FOR CLIENTS
3
• CLIENTS FOCUS ON DOMESTIC MARKET (INCLUDING IMPORTS PHASE OUT) AND
PARTNERS FROM COUNTRIES WHO DID NOT IMPOSE SANCTIONS
4
• BIG COMPANIES CAUGHT THE MOMENT AND HAVE SUCCESSFULLY RESTRUCTURED
CONTRACTS AND TRANSACTIONS. SMALL COMPANIES FACE CONFLICT SITUATIONS
5
• CLIENTS LOOK FOR NEW FORUMS FOR DISPUTE RESOLUTION (E.G. IN HON-KONG)
6
• BIG TURN TO THE EAST HAS NOT YET TOOK PLACE
15

THANK YOU FOR YOUR ATTENTION!
kulik@artdelex.ru
+7 (495) 937-71-23
WE THANK ALRUD, FBK LEGAL, KIAP, LIDINGS, LINIYA PRAVA,
MURANOV, CHERNYAKOV & PARTNERS, NEKTOROV, SAVELIEV &
PARTNERS, PEN & PAPER, YUST, AND OTHER RUSSIAN LAW
FIRMS FOR PARTICIPATING IN OUR SURVEY

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A report by thenetworkone and Kurio. The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).

Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal

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The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands. It’s important that you’re ready to implement new strategies in 2024. Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024. You’ll learn: - The latest trends in AI and automation, and what this means for an evolving paid search ecosystem. - New developments in privacy and data regulation. - Emerging ad formats that are expected to make an impact next year. Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape. If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.

5 Public speaking tips from TED - Visualized summarySpeakerHub

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From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world. With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively. The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage. Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience. See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers See the original article on Forbes here: http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b

ChatGPT and the Future of Work - Clark Boyd Clark Boyd

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Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world. Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance. For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age. Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.

Getting into the tech field. what next Tessa Mero

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The document provides career advice for getting into the tech field, including: - Doing projects and internships in college to build a portfolio. - Learning about different roles and technologies through industry research. - Contributing to open source projects to build experience and network. - Developing a personal brand through a website and social media presence. - Networking through events, communities, and finding a mentor. - Practicing interviews through mock interviews and whiteboarding coding questions.

Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray

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1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework. 2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections. 3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.

How to have difficult conversations Rajiv Jayarajah, MAppComm, ACC

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2024 Trend Updates: What Really Works In SEO & Content MarketingSearch Engine Journal

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Storytelling For The Web: Integrate Storytelling in your Design ProcessChiara Aliotta

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Artificial Intelligence, Data and Competition – SCHREPEL – June 2024 OECD dis...OECD Directorate for Financial and Enterprise Affairs

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How to Leverage AI to Boost Employee Wellness - Lydia Di Francesco - SocialHR...SocialHRCamp

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2024 State of Marketing Report – by HubspotMarius Sescu

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Everything You Need To Know About ChatGPTExpeed Software

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Product Design Trends in 2024 | Teenage EngineeringsPixeldarts

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How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow

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AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork

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Skeleton Culture CodeSkeleton Technologies

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PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley

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Content Methodology: A Best Practices Report (Webinar)contently

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How to Prepare For a Successful Job Search for 2024Albert Qian

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Social Media Marketing Trends 2024 // The Global Indie InsightsKurio // The Social Media Age(ncy)

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Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal

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5 Public speaking tips from TED - Visualized summarySpeakerHub

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ChatGPT and the Future of Work - Clark Boyd Clark Boyd

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Getting into the tech field. what next Tessa Mero

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Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray

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How to have difficult conversations Rajiv Jayarajah, MAppComm, ACC

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IBA2016 Washington Navigating sanctions Kulik

1. YAROSLAV KULIK PARTNER, ART DE LEX LAW FIRM CHAIR, GOVERNMENT PROCUREMENT SUBCOMMITTEE WASHINGTON D.C., 19 SEPTEMBER 2016 NAVIGATING SANCTIONS IN A CHANGING WORLD: RUSSIAN VIEW ANNUAL CONFERENCE OF THE INTERNATIONAL BAR ASSOCIATION

2. EXPERIENCE OF RUSSIAN LAW FIRMS IN COUNSELING ON SANCTIONS MATTERS PRESENTATION OF SURVEY RESULTS CONDUCTED BY A PRESENTER AMONG THE RUSSIAN LAW FIRMS IN SEPTEMBER 2016 22

3. 2 DID RUSSIAN LAW FIRMS ESTABLISH SPECIAL DIVISIONS DEALING WITH SANCTIONS MATTERS? 3 50 50 Yes No NOTE: Hereinafter percentage among firms who advise on sanctions matters 50

4. 2 INDUSTRY SECTORS OF ADVISING (1) OIL AND GAS BANKING AND FINANCE MACHINERY PRODUCTION AIRCRAFT CONSTRUCTION TELECOMMUNICATIONS DEFENSE INDUSTRY 4

5. 2 INDUSTRY SECTORS OF ADVISING (2) LOGISTICS FOOD INDUSTRY CONSTRUCTION MEDICAL DEVICES AND EQUIPMENT MICROELECTRONICS PUBLIC PROCUREMENTS 5

6. 2 DO RUSSIAN LAW FIRMS CONDUCT COURT OR ARBITRATION CASES? 6 20 80 Yes No 80

7. 2 TYPICAL COURT OR ARBITRATION CASES INVOLVING SANCTIONS-RELATED MATTERS 7 DISPUTES BETWEEN RUSSIAN BANKS AND THEIR CLIENTS ARISING OUT OF PERFORMANCE (NON- PERFORMANCE) OF A BANK ACCOUNT AGREEMENT CONTRACTUAL DISPUTES ARISING OUT OF NON-PERFORMANCE OF OBLIGATIONS DUE TO SANCTIONS (TERMINATION OF CONTRACTS, PENALTIES AND DAMAGES RECOVERY, ETC.)

8. 2 SANCTIONS AS A FORCE-MAJEURE IN PRACTICE OF RUSSIAN COURTS WORKS DOESN’T WORK 8 IF SANCTIONS ARE MENTIONED IN FORCE- MAJEURE CLAUSE IF CONTRACT DOES NOT CONTAIN CLAUSES RELATED TO SANCTIONS NOTE: A CERTIFICATE ISSUED BY A CHAMBER OF COMMERCE AND INDUSTRY MAY BE REQUIRED TO PROVE THE FORCE-MAJEURE EVENT

9. 2 SANCTIONS-RELATED REPS, WARRANTIES AND INDEMNITIES UNDER RUSSIAN LAW SINCE 1 JUNE 2015 THE CIVIL CODE ALLOWS PARTIES TO USE IN CONTRACTS LEGAL INSTRUMENTS SIMILAR TO REPRESENTATIONS, WARRANTIES AND INDEMNITIES IN COMMON LAW 9

10. 2 DO RUSSIAN LAW FIRMS ADVISE ON TRANSACTIONS ASSOCIATED WITH SANCTIONS MATTERS? 10 90 10 Yes No 90

11. 2 TYPES OF TRANSACTIONS (1) ESTABLISHING JOINT VENTURES WITH FOREIGN PARTNERS ACQUISITIONS OF SHARES/INTEREST IN SHARE CAPITAL PLACEMENT OF SECURITIES DENOMINATED IN USD OR EUR ATTRACTING FINANCING FROM US OR EU 11

12. 2 TYPES OF TRANSACTIONS (2) SUPPLY OF GOODS FIELDS DEVELOPMENT CONSTRUCTION INVESTMENT AGREEMENTS DOING BUSINESS IN CRIMEA 12

13. 2 SIEMENS TURBINES STORY: SUPPLY TO A THIRD PARTY ON “NEUTRAL” TERRITORY 13 vs A JV OF SIEMENS AND POWER MACHINES TO SUPPLY TURBINES TO A POWER PLANT ON RUSSIA’S TAMAN PENINSULA. THERE MAY BE SOME DOUBTS ABOUT AWARENESS OF SIEMENS WITH RESPECT TO THE FINAL DESTINATION OF TURBINES. WHAT ARE THE RISKS FOR SIEMENS TO BREACH THE EU SANCTIONS? ?

14. 2 DO RUSSIAN LAW FIRMS ADVISE ON DEVELOPING COMPLIANCE PROGRAMS? 14 20 80 Yes No 80

15. 2 HOW CAN YOU DESCRIBE THE CURRENT SITUATION FOR YOUR RUSSIAN CLIENTS? 1 • CLIENTS CREATE SCHEMES BASED ON USING COMPANIES NON-AFFILIATED WITH SANCTIONED ENTITY OR ENTITIES 2 • SANCTIONS SIGNIFICANTLY COMPLICATE DOING BUSINESS FOR CLIENTS 3 • CLIENTS FOCUS ON DOMESTIC MARKET (INCLUDING IMPORTS PHASE OUT) AND PARTNERS FROM COUNTRIES WHO DID NOT IMPOSE SANCTIONS 4 • BIG COMPANIES CAUGHT THE MOMENT AND HAVE SUCCESSFULLY RESTRUCTURED CONTRACTS AND TRANSACTIONS. SMALL COMPANIES FACE CONFLICT SITUATIONS 5 • CLIENTS LOOK FOR NEW FORUMS FOR DISPUTE RESOLUTION (E.G. IN HON-KONG) 6 • BIG TURN TO THE EAST HAS NOT YET TOOK PLACE 15

16. THANK YOU FOR YOUR ATTENTION! kulik@artdelex.ru +7 (495) 937-71-23 WE THANK ALRUD, FBK LEGAL, KIAP, LIDINGS, LINIYA PRAVA, MURANOV, CHERNYAKOV & PARTNERS, NEKTOROV, SAVELIEV & PARTNERS, PEN & PAPER, YUST, AND OTHER RUSSIAN LAW FIRMS FOR PARTICIPATING IN OUR SURVEY

Editor's Notes

#14: Will the defense on demonstration that Siemens had no reasonable cause to suspect that its actions would infringe sanctions work?

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IBA2016 Washington Navigating sanctions Kulik

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