CHAPTER 5 AN OVERVIEW OF LAWS REGULATING WITH WHOM AND HOW YOU DO BUSINESS

• Jurisdiction: United States

Mining Agreements: Contracting for Goods & Services
(Sep 2015)
CHAPTER 5
AN OVERVIEW OF LAWS REGULATING WITH WHOM AND HOW YOU DO BUSINESS
J. Triplett Mackintosh
Partner
Holland & Hart LLP
Denver

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J. TRIPLETT MACKINTOSH is a partner with Holland & Hart in Denver, Colorado. He has an international reputation as an effective advocate in export controls, trade sanctions, anti-corruption, related compliance, and white collar defense. With over 20 years' experience, Mr. Mackintosh has counseled and defended prominent multinational companies in Europe, the United States, Latin America, and the Middle East that have faced administrative and criminal investigations under U.S. export controls and other trade sanctions. These trade sanctions include those impacting international commerce, including the ITAR, EAR, the FCPA, and OFAC sanctions and related restrictions. For the last three years, Mr. Mackintosh has been the only Chambers & Partners nationally ranked U.S. attorney for trade sanctions outside of Washington, D.C.

Holland & Harx.

August 17, 2015

Checklist of Issues Affecting International Operations and Certain Regulatory Requirements

Trip Mackintosh

Holland & Hart LLP

303-295-8186

tmackintosh@hollandhart.com

[This is a checklist for convenience and does not constitute legal advice)

I. With Whom You Do Business:

a. Every business party, investor, bank, business partner, agent

b. Office of Foreign Assets Control (OFAC) prohibits transactions with certain parties.

i. OFAC lists of denied parties

ii. Specially Designated Nationals (SDNs)

iii. Legitimate businesses can be listed

iv. Substantial civil and criminal penalties

c. Canadian Denied Party List

d. Banks and financial institutions requirements of certification

e. Conflict between U.S. and Canadian extraterritorial laws:

i. Foreign Extraterritorial Measures Act (FEMA) - requires particular compliance approach as to Cuba

II. How You Do Business:

a. Corruption controls generally and bank and financial institution requirements for affirmative certification

b. Domestic and "foreign" corruption controls

c. Foreign law may be more restrictive

d. Some provisions may conflict, go to most conservative position

e. US Foreign Corrupt Practices Act (FCPA)

f. Canadian Corruption of Foreign Public Officials Act (CFPOA)

g. Money Laundering - subject to bank and financial institution certification requirements

h. Without controls on "with whom" you do business or "how," cannot make certifications

i. US Money Services Business Suspicious Activity Reporting

j. Canadian Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCML TFA)

Holland & Hart LLP Attorneys at Law

Phone (303) 295-8000 Fax (303) 295-8261 www.hollandhart.com

555 17th Street Suite 3200 Denver CO 80202-3979 Mailing Address Post Office Box 8749 Denver CO 80201-8749

Aspen BIBigs Boise Boutier Canon City Cheyenne Cobrado Spings Denver Denver Tech Center Jackson Hole Las Vegas Reno Sal Lake Cty Santa Fe Washington, D.C.

The views expressed in this paper are solely those of the author (or authors).

Please cite as: Mackintosh, J. Triplett, "An Overview of Laws Regulating with Whom and How You Do Business," Mining Agreements: Contracting for Goods and Services, Paper 5, Page No. ___ (Rocky Mt. Min. L. Fdn. 2015).

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HOLLAND & HART. THE LAW OUT WEST

An Overview of Laws Regulating with Whom and How You Do Business

Trip Mackintosh

Holland & Hart LLP

555 17th St., Suite 3200

Denver, Colorado 80202

303-295-8186

tmackintosh@hollandhart.com

Topics Covered

1. Overview of OFAC regulations

2. Overview of FEMA

3. Overview of anti-corruption

• U.S

• Canada ^*

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The WHO & HOW of U.S. Trade and Export Laws

? International trade for every industry is controlled...