Court of Justice of the European Union clarifies notarial services in light of Russian Sanctions
16 September 2024
On 5 September 2024, the Court of Justice of the European Union delivered a landmark judgment in Case C-109/23, ruling that a notary's authentication of property sales involving Russian companies does not breach the EU sanctions regime.
Read MoreAdoption of the Corporate Sustainability Due Diligence Directive
16 July 2024
On 24 May 2024, the Council of the European Union (the EU) formally adopted the Corporate Sustainability Due Diligence Directive (the Directive) as part of the EU Green Deal. This Directive represents a significant advancement in human rights and environmental protection, aiming to promote sustainable and responsible corporate behaviour across global value chains. While some EU Member States have already adopted similar laws, the Directive seeks to standardise these regulations, ensuring a level playing field for companies operating within the EU.
Read MoreImpact of EU sanctions on commercial contracts governed by Cyprus law
10 July 2024
Cyprus legislation incorporates the sanctions regime promulgated by the United Nations and the European Union through the Law on the Implementation of Provisions of Resolutions or Decisions of the Security Council of the United Nations Organisation (Sanctions) and the Decisions and Regulations of the Council of the European Union (Restrictive Measures) of 2016.
Read MoreCyprus companies mandated to include contractual prohibitions for re-exports to Russia
23 April 2024
As part of its ongoing efforts to strengthen sanctions against Russia and prevent the circumvention of export bans, the EU has introduced legal provisions, such as the 'no re-export to Russia' clause, effective as of 20 March 2024.
Read More10 April 2024
Cyprus is a signatory to and has ratified the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Hague Convention of 5 October 1961). Under this Convention, legal public documents issued by the Government of Cyprus require an "Apostille" seal to be recognised as legal in foreign countries. The Apostille seal eliminates the need for further legalisation and has proven to be instrumental for the purpose of allowing Cyprus companies to participate efficiently in international transactions.
Read More07 March 2024
The Department of Registrar of Companies in Cyprus has recently issued a practice direction, providing detailed information on the entries that Cyprus entities need to make for complying with the final database solution that accommodates the Cyprus Register of Beneficial Owners (the Register). This guidance comes in the form of a manual and provides information aiming to assist the user in filing the relevant beneficial owner information onto the final solution system that has been developed to facilitate the collection of data for the Register.
Read MoreIMH issue on Compliance & Regtech
20 February 2024
Harris Kyriakides offers a comprehensive set of solutions for Anti-Money Laundering (AML) compliance, ensuring a seamless journey through the ever-changing regulatory landscape. Our team of legal and compliance experts provides practical AML Compliance advice on audits, manuals, policies, training, and more. With a proactive, personalised approach, our team tailors our compliance service to your unique business needs, minimising risk and maximising profits whether within or outside the EU.
Read MoreCyprus Register of Beneficial Owners – Final deadline and return of fines
13 February 2024
Further to the recent turbulence which arose as a result of the lapse of the deadline for the submission of details of the beneficial owners of companies with the Cyprus Register of Beneficial Owners (the Cyprus UBO Register), the Cyprus Registrar of Companies has issued guidance pursuant to which it provides a final extension of the deadline for the submission of the details of the beneficial owners to the final solution of the electronic Cyprus UBO Register and it decides the repayment of the fines imposed due to the late filings.
Read More12 February 2024
Further to the recent turbulence which arose as a result of the lapse of the deadline for the submission of details of the beneficial owners of companies with the Cyprus Register of Beneficial Owners (the Cyprus UBO Register), the Cyprus Registrar of Companies has issued guidance pursuant to which it provides a final extension of the deadline for the submission of the details of the beneficial owners to the final solution of the electronic Cyprus UBO Register and it decides the repayment of the fines imposed due to the late filings.
Read More05 February 2024
In response to the evolving challenges of money laundering and the financing of terrorism, the Council of the European Union and the European Parliament announced a significant milestone on 17 January 2024, shaping the future of the European Union's Anti-Money Laundering (AML) framework.
Read MoreEuropean Union adopts its 12th package of financial sanctions against the Russian Federation
26 January 2024
The European Union has implemented its 12th package of financial sanctions against the Russian Federation, effective immediately as of 18 December 2023. This latest set of measures significantly impacts businesses with ties to Russia and includes amendments to existing regulations (EU) 833/2014 and (EU) 269/2014 through Regulations (EU) 2023/2878 and (EU) 2023/2875.
Read More17 January 2024
In a global effort to enhance transparency and combat money laundering and terrorist financing, jurisdictions around the world are implementing measures to identify and record beneficial ownership of entities.
Read MoreThe European Union puts forward proposal for a new Anti Money Laundering Authority (AMLA)
15 January 2024
On the 13th of December 2023, after months of intense negotiations between the European Commission (EC), European Parliament (EP) and EU governments (Council) on sweeping reforms to EU rules on anti-money laundering and countering the financing of terrorism (AML/CFT) reached a provisional agreement on creating a new European authority for countering money laundering and financing of terrorism (AMLA). The centrepiece of the anti-money laundering package, which aims to protect EU citizens and the EU's financial system against money laundering and terrorist financing.
Read MoreDisclosure obligations in relation to assets owned by sanctioned individuals or entities.
21 April 2023
An integral aspect of the obligations imposed by EU sanctions is the obligation to report information on funds and economic resources that have been frozen or should have been treated as frozen as a result of designation of individuals or entities in the EU Sanctions List.
Read MoreEU adopts 10th package of sanctions against Russia
28 February 2023
On 24 February 2023 the European Union (“EU”) has approved a tenth package of Russia sanctions. The package includes tighter export restrictions regarding dual-use goods as well as measures against entities supporting the war, spreading propaganda or delivering drones used by Russia. Specifically, this package contains the following elements:
Read MoreAccess to Cyprus UBO Register restored for obliged entities
17 January 2023
The Department of the Registrar of Companies has recently announced that access to the Cyprus UBO Register has been restored for obliged entities that have AML duties pursuant to Cyprus law.
Read MoreCyprus Registrar of Companies suspends public access to UBO Register
01 December 2022
Following the recent judgment of the Court of Justice of the European Union (CJEU) in joined cases, C-37/20 and C-601/20 issued on 22 November 2022, the Department of Registrar of Companies and Intellectual Property has announced the suspension of access to the Register of Beneficial Owners for the public.
Read More10 October 2022
On October 6, 2022, the European Union (the EU) adopted the eighth package of restrictive measures (sanctions) against Russia in response to “Russia's continued escalation and illegal war against Ukraine, including by illegally annexing Ukrainian territory based on sham “referenda”, mobilizing additional troops, and issuing open nuclear threats”.
Read MoreProhibition of providing Russian oil by European ships
29 June 2022
The EU has approved six packages of sanctions in response to Russia's unprecedented and unprovoked military offense against Ukraine. The measures are aimed at limiting the Kremlin's ability to finance the war and cause clear economic and political costs to Russia and to Russian individuals who are connected to the regime.
Read MoreCyprus Ultimate Beneficial Owners Register becomes accessible to the general public
01 June 2022
As of today, June 1st, 2022, the Department of Registrar of Companies and Intellectual Property of the Ministry of Energy, Commerce and Industry in Cyprus has allowed access to the general public on the Register of Ultimate Beneficial Owners (UBOs) of Cyprus companies.
Read MoreThe 6th AML Directive – What changes in the fight against money laundering
22 October 2020
On 12 November 2018, the European Parliament published the 6th AML Directive (AMLD6), bringing into force further rules against money laundering, which Member States are required to transpose into national law by 3 December 2020.
Read MoreMoneyval publishes the Cyprus Risk Assessment of Money Laundering and Terrorist Financing Risks
28 February 2020
Moneyval published on 12 February 2020 Cyprus’ comprehensive assessment of the effectiveness of anti-money laundering and countering the financing of terrorism (AML/CFT) system and its level of compliance with the Recommendations of the Financial Action Task Force (FATF).
Read MoreAnti-money laundering Compliance
Compliance with anti money laundering (AML) legislation is an integral part of contemporary business. AML compliance programmes help businesses uncover suspicious activity associated with criminal acts, including money laundering and terrorist financing. The main goal is to identify risks and maintain processes and internal regulations that would shield a business from facilitating unlawful conduct and allow it to report promptly to the regulators any suspicious transactions. With increasing business opportunities and the expansion of regulatory framework against corruption, bribery and money laundering, AML compliance is no longer simply a matter of corporate social responsibility but a strict legal obligation.
Our firm advises clients on their obligations arising from Cyprus AML legislation and we recommend appropriate preventative measures. We advise on risk assessments, preparation and implementation of compliance programmes, policies, controls, manuals and procedures, customer due diligence and processes which identify red flags in order to detect and report suspicious activities and maintain proper record keeping. We also perform compliance audits and targeted assessments, guiding companies towards best practices, mitigating risks and ensuring alignment with applicable laws and industry standards. In addition, we advise on appropriate training and internal audit mechanisms and provide legal advice on the obligations of companies operating in Cyprus in relation to anti-money laundering laws and regulations applicable in Cyprus.
Sanctions
Restrictive measures (sanctions) are an essential tool in the common foreign and security policy of the European Union, through which it can intervene where necessary to prevent conflict or respond to emerging or current crises. Sanctions are intended to bring about a change in policy or activity by targeting non-EU countries, as well as entities and individuals, responsible for the malign behaviour at stake. Navigating sanctions and trade regulations can be an overwhelming challenge for multinational corporations, small businesses, and private individuals alike.
We also assist clients in carrying out their business within Cyprus in compliance with economic sanctions, export controls and national security restrictions imposed by the Cyprus authorities or otherwise applicable within Cyprus as a result of rules and regulations promulgated by the United Nations and the European Union or as a result of local legislation. We represent private and public companies and individuals, covering compliance and defense matters. Our recent work includes advice and representation in primary and secondary sanctions imposed U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), representation in relation to the U.S. Department of Justice (DOJ) investigations, asset forfeiture proceedings, obtaining OFAC licenses for transactions in or involving sanctioned countries and entities, advice and representation in relation matters pending before the Advisory Committee of Financial Sanctions (SEOK), civil and criminal enforcement of sanctions violations, white collar defense and related litigation.
Investigations
We undertake internal investigations and inquiries in businesses where misconduct is identified or suspected. This may relate to employee misconduct, disciplinary issues, conflicts of interest, breach of policies, theft, bribery or corruption. We use modern IT capabilities and follow streamlined methodologies in order to collect and analyse evidence, maintain forensic imaging that can be used in Court processes if necessary, conduct interviews with parties involved, issue our findings and recommendations and represent the organisation before any authority or tribunal which may intervene. We also advise on whistleblower policies which sufficiently protect employees to freely communicate their concerns regarding illegal or unethical practices of any entity, such policies being critical to assist organisations with their ethics and compliance programmes.
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