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  • From September 1 1997, under Decree 153 of May 26 1997, the procedure for informing the authorities of suspected money-laundering transactions has changed. Transactions which may infringe the provisions of Articles 648 bis and ter of the Penal Code must now be reported to the Italian Foreign Exchange Bureau (IFEB) rather than to the police. In accordance with its new administrative role, the IFEB issued a circular letter setting out the basic guidelines for anti-laundering procedures. The circular lays down the criteria by which suspect banking transactions may be identified, such as discrepancies between the character of transaction and the client's financial profile, or its acceptance of inconvenient terms and rates. After being notified of the suspect transaction, the IFEB must forward the relevant evidence to the investigating Anti-Mafia Bureau and to the Tax Police special department dealing with with foreign currency matters, which will pursue the investigation further on the basis of the information received. Should the investigation uncover a link with organized crime, the National Anti-Mafia Procurator will be informed and he will take appropriate steps. To comply with the new anti-laundering provisions, the IFEB has prepared a standard form for financial services firms. In particular, details of the transaction and the reasons for it being considered suspicious must be provided, thus putting the burden of assessing each transaction on the financial operator.
  • Three years after the Uruguay round of Gatt, the Czech Republic, a party to Gatt and a member of the WTO, has adopted national legislation in line with the agreement on the implementation of Article 6 of Gatt signed in Marrakesh on April 15 1994.
  • Decree 2,338 of October 7 1997, published in the official gazette on October 8 1997, implements Law 9,472 of July 16 1997, which created a regulatory agency for the telecoms sector, the National Agency of Telecommunications (ANATEL) and paved the way for the privatization of the operating subsidiaries of the state-owned utility Telebrás.
  • Lawyers have again enjoyed the benefits of a successful world economy. Capital markets deals and international investment are at record levels, and lawyers are taking their share. But clients are increasingly demanding they justify their charges. By Adrian Preston
  • Setting up a representative office is the first and indispensable step towards establishing a banking presence in China. Philip Gilligan and Steven Blayney of White & Case, Hong Kong, explain how
  • The new US tax regulations will have mixed effects for US companies engaged in project finance. Keith Martin of Chadbourne & Parke, Washington DC, looks at the good and the bad news
  • The success of the first Europe-wide electronic securities market owes much to the new possibilities afforded by EU investment services legislation. By Dirk Tirez, general counsel of Easdaq, Brussels
  • UAE
    The privatization committee established in January 1996 has been made into a permanent committee and renamed the Privatization Committee for the Water and Electricity Sectors (PCWES). The PCWES is given a general supervisory and planning role in respect of the proposed utility privatization programme for the Emirate of Abu Dhabi. This role includes the proposal of legislation and regulations for the privatization programme, as well as proposals for the reorganization of government departments and projects in the power and water sectors. The powers of the PCWES include the authority to retain staff, to appoint outside consultants, and to delegate to one or more members of the PCWES the powers necessary to implement the purposes of the PCWES. The PCWES is directed to prepare budgets for its activities and to submit them to the Crown Prince for approval.
  • The Russian government has enacted ambitious new legislation designed to strengthen the enforcement of judicial orders. The new rules are to apply to orders issued by all Russian general courts, the Constitutional Court, the Supreme Court, the High Arbitration Court, all arbitration courts and foreign courts, as well as orders of certain other government bodies. At present, Russia's Civil Procedural Code, and the procedural rules of the various court systems, govern enforcement procedures, including the conversion and seizure of property to satisfy court judgments. In the emerging Russian market economy, identifying, seizing, and converting assets under a court order is often tedious, time-consuming and expensive. Results vary widely. Officials themselves concede that enforcement practices are weak. The new legislation seeks to address these problems by enforcing compliance with court orders and government decisions and clamping down on delinquent debtors.
  • MeritaNordbanken, the bank to be formed from the recently announced merger of Finland's Merita Bank and Sweden's Nordbanken, will be the second largest in Scandinavia by value of assets. Only Sweden's Handelsbanken will be larger.