On 28 October 2022, the State Administration Council (“SAC”) enacted the Organization Registration Law (“ORL”) via Notification No.46/2022 as per the Section 419 of the Constitution of the Republic of the Union of Myanmar The ORL will repeal the former Association Registration Law 2014 (“ARL”) enacted through the Pyidaungsu Hluttaw Law No. 31/2014 that was subsequently implemented by the Rules Relating to the Registration of Associations on 5 June 2015 ...
On 13 September 2022, the Microfinance Supervision Committee (“Committee“) under the Ministry of Planning and Finance issued Directive No.4/2022 (“Directive“), which outlines risk-based management strategies required of microfinance institutions (“MFIs“) to combat money laundering and terrorism. The Directive also pertains to Section 69 (c) of the Anti-Money Laundering Law (Union Parliament Law No ...
The Directorate of Investment and Company Administration (“DICA“) issued an Announcement for its Recommendation on Foreigner Visa Extensions (“Announcement“) that went into effect on 14 September 2022. The Announcement sets forth the requirements for companies that wish to apply to extend a foreigner’s visa and such companies must have been reg/istered for one year ...
Pursuant to the enactment of the Myanmar Consumer Protection Law in 2019 (“Law“), the Ministry of Commerce (“Ministry“) under the State Administration Council (“SAC“) issued its implementing regulations by enforcing the Consumer Protection Rules (“CPR“). In this alert, DFDL draws attention to some of the salient features of the CPR ...
The global Financial Action Task Force (“FATF”) on 21 October 2022 placed Myanmar in the category of “High-Risk Jurisdictions Subject to a Call for Action,” commonly referred to as the “blacklist,” due to its failure to implement its action plan that expired in September 2021. The international watchdog has called upon its members and non-members to apply enhanced due diligence to business relations and transactions with Myanmar ...
In order to curb illegal importation, facilitate the sale and consumption of quality products in fulfilment of market demand and accurately assess and collect tax by the State, the Ministry of Commerce (“MOC”) issued Notification no. 38/2020 (“Notification-38”) on 25 May 2020 to remove foreign alcoholic spirits from the import restriction list. Although Notification-38 removes foreign alcoholic spirits from the list beer remains restricted ...
Pursuant to Directive No. 7/2022 issued by the Central Bank of Myanmar (“CBM“), relaxing the application of Notification 12/2022 (“De-dollarization Notification“), inter alia, for the Myanmar Investment Commission (“MIC“) and Special Economic Zone companies, exporters and importers conducting activities under Myanmar-China and Myanmar-Thailand border trade, international organizations, INGOs, etc ...
Muted voices: can beneficiaries of a STAR trust be empowered to play "devil's advocate" In In the Matter of the G Trust[1] the Grand Court of the Cayman Islands was asked by the trustee of a Cayman STAR trust to give directions in relation to the question of who should participate, and in what capacity, in an application for rectification of a deed supplemental to the trust (the "rectification application") ...
Introduction On 27 August 2020 the European Commission, on behalf of EU member states, entered into an advance purchase agreement (APA) with AstraZeneca for the production, purchase and supply of the Anglo-Swedish company's COVID-19 vaccine in the European Union.(1) The APA provides for: AstraZeneca's supply of 300 million doses of its COVID-19 vaccine (the initial Europe doses); and an option for the European Union to order an additional 100 million doses (the optional doses) ...
Last week, the Norwegian Data Protection Authority announced that they intend to sanction Østre Toten municipality with a fine of NOK 4,000,000 due to the municipality’s non-compliance with the GDPR requirements. The announced sanction follows in the wake of the Data Protection Authority’s investigation of the municipality’s IT systems after it was exposed to a fatal ransomware virus attack in January this year ...
Are Municipality has been ordered by the European Commission to reclaim the unlawful state aid which the municipality paid to Konsum in Jämtland? The Commission’s decision underlines the importance of governmental authorities, municipalities and county councils monitoring the provisions on state aid in business transactions involving private players ...
On June 16, 2020, the Securities and Exchange Commission announced a Temporary Conditional Exemption for municipal advisors (MAs), which provides an exemption from certain broker registration requirements under Section 15 of the Securities Exchange Act of 1934. This order is in response to the disruption in the municipal securities markets resulting from the COVID-19 pandemic ...
On January 27, the British Columbia Court of Appeal dismissed the appeal in Bea v. The Owners Strata Plan, LMS 2138, 2015 BCCA 31, upholding the lower court’s decision finding the Plaintiff and her husband in contempt of Court and granting the extraordinary relief that the Plaintiff’s strata unit (the “Unit”) be seized and sold by the respondent (the “Owners”) ...
In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below ...
Less than one week ago the World Health Organization (WHO) declared COVID-19 (coronavirus) a pandemic. In the days that have followed, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA) to provide access to testing, food assistance, Medicaid funding, paid sick leave and unemployment benefits to workers. The United States Senate is expected to pass a version to be signed into law in the near future ...
This article provides a brief review of MSHA enforcement data and a look at MSHA’s regulatory agenda. MSHA Enforcement Data (data from January 1, 2017 to December 31, 2017) MSHA issued 104,412 enforcement actions to mine operators in 2017, an increase of approximately 11,793 or 11.3 percent from 2016. Of these, 58,083 (or 55.63 percent) were issued to metal/nonmetal operators while 46,329 (or 44.37 percent) were issued to coal operators ...
L.N. 156 of 2020, entitled the Malta Residency Visa Agency (Establishment) (Amendment) Order, 2020 has come into force with the scope of introducing a new system of distribution of applicationsamongthe ApprovalsBoard. This has been done primarily to help with ensuring that each Approvals Board is assigned an equal number of cases, with the said assignment to be carried out by theChief ExecutiveOfficer of the Agency ...
What will UK data protection look like after Brexit 2.0 on 31 December 2020? Regime 1: the 'UK GDPR': the UK's new bespoke version together with the Data Protection Act 2018 The UK GDPR will be the UK data protection regime based on the 'EU GDPR' (see below) ...
Battered women who fear for their safety, mothers unable to support their children, dysfunctional families in need. A reality for many women is the presence of domestic violence in their lives. This situation, although occurring in all social and economic levels, is much more obvious and has more serious consequences in low-income communities ...
The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued. The Civil Procedure Rules that provide the framework for litigation in England and Wales encourage parties to consider alternative ways to resolve their differences. There are a variety of techniques that can be utilised to achieve an early and cost effective settlement. Collectively, these are known as ADR ...
The realisation of large sustainability projects often requires various market players to work together ...
In 2010, the New York State Bar Association’s (NYSBA) Task Force on New York Law in International Matters (Task Force) recommended the creation of a permanent center for international dispute resolution in New York.1 And on June 17, 2013, the New York International Arbitration Center (NYIAC), a non-profit providing world-class arbitration facilities and educational programs about international arbitration, opened its doors ...
On April 19, 2021, West Virginia Governor Jim Justice approved Senate Bill 375 related to county boards of education policies for open enrollment. County boards may recall changes to applicable law found in W. Va. Code 18-5-16 following the 2019 Legislative Session. Although W. Va ...
Important new legislative changes impacting federally regulated employers will come into effect in 2021: the Pay Equity Act and a minimum wage requirement. Details on both these measures and how that will affect employers are examined below. Pay Equity Act The federal Pay Equity Act comes into effect on August 31, 2021. The Act applies to federally regulated employers who have 10 or more employees ...
On May 5, 2020, the Small Business Administration extended the time in which certain borrowers of Paycheck Protection Program loans may take advantage of the certification safe harbor SBA announced on April 24, 2020. The SBA also issued guidance on applying the affiliation rules to businesses with U.S. and foreign affiliates ...
