10
COMPLIANCE AND SANCTIONS GROUP
| Date post: | 16-Jan-2017 |
| Category: |
Documents |
| Upload: | rut-wingens |
| View: | 170 times |
| Download: | 1 times |
COMPLIANCE AND SANCTIONS GROUP
Compliance and Sanctions Group 2
Stibbe Compliance and Sanctions Group Increased supervision and enforcement Regulators are becoming increasingly rigorous in the actions they take and the sanctions they impose. They make unannounced inspections, request access to the accounts, dossiers and computer files, and question directors and employees. When failures in compliance with legislation or regulation are found, sanctions and disclosure of the violation usually follow. In addition, greater cooperation among these regulators across jurisdictions increases the likelihood of discovering infringements. We see that the various regulators, including the Dutch Authority for the Financial Markets (AFM), The Dutch Bank (DNB), the Dutch Authority for Consumers and Markets (ACM), the Dutch Data Protection Authority (Dutch DPA), the Tax and Customs Administration, environmental regulators, the Social Affairs and Employment Inspectorate (Inspectorate SZW) and investigative agencies like the Public Prosecution Department and Fiscal intelligence and investigation service and Economic investigation service (Fiod), are now working together more closely and systematically. What might you be confronted with? Parties confronted with supervision and enforcement must quickly decide on their course of action in a crisis situation and respond accordingly to issues raised by the regulators. It is important to have answers to common questions like:
Are we required to cooperate? Is every employee required to answer questions? Is the procedure a public one? Should we issue a press release? How do we limit the exposure? Are there any other aspects we should take into account, e.g. publicity, claim for damages? Can we prevent the regulator’s decision from being published?
Our approach The Stibbe Compliance and Sanctions Group brings together specialist knowledge and years of experience in diverse industries and various (semi)public bodies that are subject to supervision and enforcement. Teamwork by our lawyers enables us to choose the right approach to complex issues and to deliver coordinated, strategic legal proposals, balanced by practical business advice.
The Compliance and Sanctions Group is in a position to offer a comprehensive range of legal services in areas such as (economic) administrative and procedural administrative law, competition law, criminal law, financial supervision legislation, tax law, telecommunications law, media law and privacy law. With regulators increasingly working together and as the sanctions they impose become more severe, all large companies, financial institutions, (semi)public bodies and directors under supervision, benefit from this comprehensive approach. We guide them through every stage of these often complex proceedings. We also take a proactive approach to avoid involvement with regulators by providing our clients with regular training and advice on compliance procedures.
Compliance and Sanctions Group 3
Examples In the event the AFM imposes an administrative fine, knowledge of financial law is essential, but criminal law and administrative law may also be required. A company facing a fine for unsafe working conditions must be equally able to assess the criminal, labour and administrative law consequences. Customers or other injured parties may also demand compensation for damages or loss they have suffered as a result of the ascertained violation. When facing a regulatory issue, it is important to be aware of all risks likely to arise in each case. Key Contacts Do you have any general legal questions with regard to compliance, sanctions and enforcement? Are you unsure about the implications of regulation? Would you like to know more about compliance procedures? This brochure is designed to explain how we can help you with such matters. Please get in touch with one of our key contacts in the Stibbe Compliance and Sanctions Group for more information:
Tom Barkhuysen
Partner T: +31 20 546 03 90 M: +31 6 224 712 63 [email protected]
Rein Wesseling
Partner T: +31 20 546 03 07 M: +31 6 523 302 69 [email protected]
Compliance and Sanctions Group 4
Administrative Law Team Our administrative law specialists advise and litigate on behalf of businesses, directors and (semi)public institutions on the following:
How can fines that have been imposed be contested successfully? A regulator is asking for information. Are we required to provide it? I want to change my business process; will I still comply with my permit if I do? How can I prevent a sanction from being published?
The Administrative Law Team works on complicated cases concerning compliance supervision and enforcement. The team has a deep understanding of issues in various areas, including: environmental law; spatial planning law; education law; healthcare law; media law; immigration law; labour law; telecommunication law; subsidy law; public service law; renumeration policy; the Bibob Act (Public Administration (Probity Screening) Act); the statutory regulations on gambling; and emissions trade.
We provide you with practical and strategic advice from the moment you are visited by a regulator up to the possible imposition of a sanction and penalty. Once a sanction has been imposed, we can conduct proceedings to challenge it at both a national and European level. If you want to know whether your company or institution complies with the applicable legislation and regulations, or what to do if you are visited by a regulator, we can offer quality legal advice and practical solutions.
The Administrative Law Team shares its knowledge and experience with proceedings at national and European levels with the other teams in the Stibbe Compliance and Sanctions Group. This is an indispensable part of providing you with excellent legal advice about complicated compliance and regulatory issues which, for example, occur in the area of financial supervision, criminal law and competition law.
Tom Barkhuysen
Partner T: +31 20 546 03 90 M: +31 6 224 712 63 tom.barkhuysen@ stibbe.com
Jan Reinier van Angeren
Partner T: +31 20 546 01 95 M: +31 6 204 146 18 janreinier.vanangeren@ stibbe.com
Christien Saris
Senior Associate T: +31 20 546 01 31 M: +31 6 108 881 95 [email protected]
Anna Collignon
Senior Associate T: +31 20 546 01 39 M: +31 6 206 189 90 [email protected]
Compliance and Sanctions Group 5
Competition Law Team Our competition law specialists can advise you on the following questions:
There are officials from the ACM or the European Commission at the door; what should I do? What are the company’s rights and obligations?
What are the advantages and disadvantages of the ACM’s and the European Commission's Leniency Program for my company?
How can I promote compliance with the competition rules at my company? Must the company issue a press release if it is clear that a competition authority is investigating the
company’s conduct?
The Competition Law Team has vast experience with competition disputes. We develop a defence strategy from the moment you come in contact with a regulator. We have a strong long-term relationship with the European Commission and the ACM. Therefore, if cooperation with the authorities is required, we can provide excellent assistance. We also conduct proceedings against the authorities if this would best serve your interests.
Our cases have been significant in determining fundamental legal issues, such as the scope of professional secrecy under European law, the right to remain silent, the liability of parent companies in the event of violations by their subsidiaries and the limits on the European Commission’s right to publish detailed versions of its decisions. The Competition Law Team works closely with the other teams in the Stibbe Compliance and Sanctions Group. This integrated and interdisciplinary approach often results in innovative solutions for strategic competition law problems.
Christof Swaak
Partner T: +31 20 546 05 86 M: +31 6 204 003 25 [email protected]
Rein Wesseling
Partner T: +31 20 546 03 07 M: +31 6 523 302 69 [email protected]
Marieke Bredenoord-Spoek Senior Associate T: +31 20 546 03 43 M: +31 6 504 310 78 [email protected]
Floris ten Have
Senior Associate T: +31 20 546 05 75 M: +31 6 159 426 05 [email protected]
Compliance and Sanctions Group 6
Criminal Law Team Our criminal law specialists can provide you with excellent advice on matters such as:
What happens if a “raid” takes place at your business premises? What powers do the Public Prosecution Department and special investigative agencies have (arrest, wire
taps, seizure)? What course of action minimises the likelihood of criminal prosecution? How can the chance of a conviction be limited as much as possible?
The Criminal Law Team has knowledge of and vast experience with cases in the field of criminal law, including the financial supervision legislation, fraud offences, anti-corruption legislation, environmental legislation and working conditions legislation. We can advise companies, their employees and former employees, if they are the subject or potential subject of a criminal investigation.
We also assist companies in the event of investigations by regulatory agencies (e.g. the AFM, DNB, Fiod, Human Environment and Transport Inspectorate, and the Inspectorate SZW). We can give you practical and strategic advice, for instance, on what to do if a raid takes place, what rights suspects and witnesses have in an investigation and what course of action to take as the investigation continues. The team can advise on settlement negotiations. If the investigation culminates in prosecution, we can represent you at court.
The Criminal Law Team works closely with the other teams in the Stibbe Compliance and Sanctions Group in supervision and enforcement cases if questions arise in relation to questioning witnesses and suspects, whether or not the right to remain silent can be invoked, and matters of evidence.
Daan Doorenbos
Partner T: +31 20 546 01 82 M: +31 6 224 720 18 [email protected]
Muriël Rosing
Senior Associate T: +31 20 546 01 69 M: +31 6 294 715 48 [email protected]
Marleen Velthuis
Associate T: +31 20 546 01 18 M: +31 6 111 795 98 [email protected]
Compliance and Sanctions Group 7
Financial Law Team Financial institutions are increasingly facing complex regulations. Regulators are also more likely to impose sanctions and consider enforcement proceedings more readily. This raises the following questions:
How must I apply general standards from financial law in practice? How far can the AFM or DNB go in requesting information and conducting an investigation? What sanctions can the AFM and DNB impose if a company does not comply with the regulations? Can our directors or other managers be personally fined if supervisory regulation is violated?
The Financial Law Team is happy to help with these kinds of issues. We assist a large part of the Dutch financial sector and we also frequently act for various foreign financial institutions. We support banks, insurers, investment funds, asset managers and pension funds in dealing with - and preventing - supervisory issues.
The Financial Law Team works closely with the other teams in the Stibbe Compliance and Sanctions Group. This enables us to give the best possible practical and strategic advice on matters that entail major financial and reputational risks.
Rogier Raas
Partner T: +31 20 546 05 90 M: +31 6 532 429 47 [email protected]
Suzanne Kröner-Rosmalen Senior Associate T: +31 20 546 05 08 M: +31 6 462 044 52 [email protected]
Roderik Vrolijk
Associate T: +31 20 546 01 58 M: +31 6 278 524 66 [email protected]
Ingrid Viertelhauzen
Associate T: +31 20 546 03 27 M: +31 6 294 254 42 [email protected]
Compliance and Sanctions Group 8
Tax Law Team Our tax specialists have experience dealing with the following matters:
What duties of disclosure apply to taxpayers? How should you deal with parallel proceedings (fiscal, civil, criminal)? Can it be worthwhile, for instance,
to appeal a tax assessment for which you are being held liable by a contract party? Can directors and advisers be liable for fiscal loss if a company is unable to pay its tax debts? How can I reach a compromise with the Tax and Customs Administration?
The Tax Law Team gives you practical and strategic advice in disputes or potential disputes with the Tax and Customs Administration. This may concern the amount of an assessment or may involve avoiding and challenging fines.
We can also represent you in negotiations with and proceedings against the Tax and Customs Administration. The Tax Law Team works closely with the other teams in the Stibbe Compliance and Sanctions Group, for instance with regard to advice about information obligations towards public authorities and regulators. The Tax Law Team also works together with the corporate practices within Stibbe, for example, in cases of civil disputes about the application of fiscal provisions in corporate takeover contracts.
Michael Molenaars Partner T: +31 20 546 06 38 M: +31 6 293 391 47 [email protected]
Reinout de Boer Senior Associate T: +31 20 546 06 58 M: +31 6 467 141 53 [email protected]
Ulviye Isik Associate T: +31 20 546 01 67 M: +31 6 214 796 36 [email protected]
Compliance and Sanctions Group 9
Technology, Media and Telecommunication (TMT) Team Our TMT specialists can provide advice on privacy and compliance questions, for example:
What are the do's and don’ts in the event of a raid by the Dutch DPA? What are the sanctions for privacy violations? What should we do in the event of data leaks? What notification requirements apply to the processing of personal data?
There have been more enforcement cases concerning the violation of privacy regulations recently. Sanctions and other means of enforcement are becoming more severe. We advise companies, local and regional authorities and (semi)public institutions how they can best avoid these kinds of penalties.
We also advise on the rolling out of privacy compliance programs, the transfer of personal data to parties abroad and to third parties, on making mandatory reports, on privacy on the shop floor, and on handling reclaim requests from the police, justice officials and the Tax and Customs Administration.
We can also represent you in proceedings with the Dutch DPA, the ACM, and in court. In these cases, the TMT Team works closely with the other teams in the Stibbe Compliance and Sanctions Group.
Judica Krikke
Partner T: +31 20 546 02 12 M: +31 6 200 064 36 [email protected]
Friederike van der Jagt
Senior Associate T: +31 20 546 01 44 M: +31 6 317 407 71 [email protected]
Frédéric François
Associate T: +31 20 546 0306 M: +31 6 212 237 36 [email protected]
Compliance and Sanctions Group 10
Our offices
Head offices Amsterdam
Stibbetoren
Strawinskylaan 2001
1077 ZZ Amsterdam
The Netherlands
T +31 20 546 06 06
F +31 20 546 01 23
Brussels
Central Plaza
Loksumstraat 25
BE-1000 Brussels
Belgium
T +32 2 533 52 11
F +32 2 533 52 12
Luxembourg
Rue Jean Monnet 6
2180 Luxembourg
Grand Duchy of
Luxembourg
T +352 26 61 81
F +352 26 61 82
Our other offices Dubai Dubai International
Financial Centre
Gate Village 7 Level 4
P.O. Box 506631
Dubai UAE
T +971 4 428 63 13
F +971 4 365 31 71
Hong Kong
Hutchison House
10/F, Suite 1008-1009
10 Harcourt Road
Central
Hong Kong
T +852 2537 0931
F +852 2537 0939
London
Exchange House
Primrose Street
London EC2A 2ST
United Kingdom
T +44 20 74 66 63 00
F +44 20 74 66 63 11
New York
489 Fifth Avenue,
32nd floor
New York, NY 10017
USA
T +1 212 972 40 00
F +1 212 972 49 29
Visit also our website: www.stibbe.com
![Sanctions Risk ManagementSymposium · -“2017 Compliance Risk Study” Accenture Consulting “[Institutions] want to comply and want their significant investments made in compliance](https://static.documents.pub/doc/80x56/5f4c9a908fd99372f8345d26/sanctions-risk-managementsymposium-aoe2017-compliance-risk-studya-accenture-consulting.jpg)
