scholarly journals Considering Sanctions Compliance in Light of UCC 4A

2021 ◽  
pp. 197
Author(s):  
Michael Zytnick ◽  
Alaina Gimbert
Keyword(s):  
United States ◽  
Economic Sanctions ◽  
The United States ◽  
Financial Crime ◽  
Policy Goal ◽  
Loss Allocation ◽  
Commercial Code ◽  
Compliance Program ◽  
The Creation ◽  
Legislative Changes

As part of a bank’s financial crime compliance program, it is increasingly common to screen and halt the processing of a payment order for compliance investigation where reference is made to a potential, but unconfirmed, target of United States economic sanctions. This essay discusses challenges under Article 4A of the Uniform Commercial Code concerning the timing of such an investigation and the creation of potential liability where a bank wrongly accepts by execution a previously halted payment order received from a sender following five funds transfer business days after the relevant execution date or payment date of that order. In Part II, this paper presents a brief overview of the use of funds transfers in the United States and reviews the application of Article 4A of the Uniform Commercial Code, including rejection, acceptance, cancellation, and amendment of a payment order. In Part III, the paper overviews United States economic sanctions, the implementation by banks of technology designed to identify and halt the processing of a payment order referencing a potential sanctions target, and the timeframe that may be required to investigate a halted payment order. In Part IV, the paper reviews application of Article 4A’s automatic cancellation and “money back guarantee” provisions where a payment order under its purview is wrongly effected and loss allocation between funds transfer parties for such events. Part V describes possible contractual and legislative changes to address the balance of Article 4A’s automatic cancellation of an unaccepted payment order after five funds transfer business days, sanctions compliance efforts undertaken by banks, and the policy goal of completing funds transfers efficiently.

Symbolic act, real consequences: Passing Canada’s Magnitsky Law to combat human rights violations and corruption

2020 ◽  
Vol 75 (2) ◽  
pp. 163-178
Author(s):  
Meredith Lilly ◽  
Delaram Arabi
Keyword(s):  
United States ◽  
Human Rights ◽  
Driving Force ◽  
Economic Sanctions ◽  
The United States ◽  
Human Rights Violations ◽  
Canadian Government ◽  
Human Rights Abuses ◽  
Legislative Changes

Both the volume of economic sanctions and the reasons for their imposition have increased tremendously around the globe. In this context, several countries, including the United States and Canada, have introduced Magnitsky acts to enable their governments to act unilaterally to impose sanctions against foreign actors for gross violations of human rights and significant acts of corruption. This paper evaluates the legislative changes made to Canada’s sanction regime in 2016–2017 and explores how the new authorities have been applied following implementation (2017–2019). We find that, despite granting the Canadian government new authorities to undertake autonomous sanctions, the country has continued to cooperate with other states as it had done prior to the changes. We conclude that lawmakers never intended for Canada to use the new autonomous capabilities to “go it alone.” Instead, the symbolism represented by Canada taking a strong stance against human rights abuses globally was the driving force behind the Magnitsky Law’s passage.

From Start-Up to Scale-Up

2018 ◽  
Author(s):  
Gilles Duruflé ◽  
Thomas Hellmann ◽  
Karen Wilson
Keyword(s):  
United States ◽  
Conceptual Framework ◽  
Public Policies ◽  
Scale Up ◽  
The United States ◽  
Smart Money ◽  
Start Up ◽  
The Us ◽  
The Creation

This chapter examines the challenge for entrepreneurial companies of going beyond the start-up phase and growing into large successful companies. We examine the long-term financing of these so-called scale-up companies, focusing on the United States, Europe, and Canada. The chapter first provides a conceptual framework for understanding the challenges of financing scale-ups. It emphasizes the need for investors with deep pockets, for smart money, for investor networks, and for patient money. It then shows some data about the various aspects of financing scale-ups in the United States, Europe, and Canada, showing how Europe and Canada are lagging behind the US relatively more at the scale-up than the start-up stage. Finally, the chapter raises the question of long-term public policies for supporting the creation of a better scale-up environment.

scholarly journals United States Recognizes the Opposition Government in Venezuela and Imposes Sanctions as Tensions Escalate

2019 ◽  
Vol 113 (3) ◽  
pp. 601-609
Keyword(s):  
United States ◽  
Economic Sanctions ◽  
The United States ◽  
First Nation ◽  
Intergovernmental Organizations ◽  
Foreign Governments ◽  
Trump Administration

The Trump administration formally recognized Juan Guaidó as the interim president of Venezuela on January 23, 2019, making the United States the first nation to officially accept the legitimacy of Guaidó’s government and reject incumbent President Nicolás Maduro's claim to the presidency. In a campaign designed to oust Maduro from power, the United States has encouraged foreign governments and intergovernmental organizations to recognize Guaidó and has imposed a series of targeted economic sanctions to weaken Maduro's regime. As of June 2019, however, Maduro remained in power within Venezuela.

‘Art as Vehicle’: Grotowski in Pontedera

2009 ◽  
Vol 25 (4) ◽  
pp. 333-335
Author(s):  
Carla Pollastrelli
Keyword(s):  
United States ◽  
The United States ◽  
The Creation ◽  
Jerzy Grotowski

In this testimony, Carla Pollastrelli charts the main stages leading to Grotowski's settlement in Pontedera in Italy and to the creation of the Workcenter of Jerzy Grotowski. As the Year of Grotowski, supported by UNESCO, draws to a close, her words provide a fitting tribute to a man whose influence has surpassed all geographical boundaries, whether those of his native Poland, adoptive Italy, or place of temporary refuge, the United States. Carla Pollastrelli is the co-director of the Fondazione Pontedera Teatro. Pontedera Teatro. From 1986 to 2000 she was an executive of the Workcenter of Jerzy Grotowski, which in 1996 was renamed the Workcenter of Jerzy Grotowski and Thomas Richards. She has edited translations of Grotowski's texts in Polish into Italian since 1978, and is the co-editor with Ludwig Flaszen of Il Teatr Laboratorium di Jerzy Grotowski, 1959–1969: testi e materiali di Jerzy Grotowski e Ludwik Flaszen con uno scritto di Eugenio Barba (Jerzy Grotowski's Laboratory Theatre, 1959–1969: Jerzy Grotowski and Ludwig Flaszen's Texts and Materials and a Text by Eugenio Barba (Fondazione Pontedera Teatro, 2001; second edition, La Casa Usher, 2007) and the collection of Grotowski's texts, Holiday e teatro delle fonti (Holiday and the Theatre of Sources, La Casa Usher, 2006).

Advanced Introduction to U.S. Environmental Law

2021 ◽  
Author(s):  
E. Donald Elliot ◽  
Daniel C. Esty
Keyword(s):  
United States ◽  
Environmental Governance ◽  
Environmental Law ◽  
The United States ◽  
State Law ◽  
Comprehensive Overview ◽  
Administrative Agencies ◽  
The Creation

Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of U.S. environmental law. E. Donald Elliott and Daniel C. Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of U.S. environmental law.

What Use Is the Imagination?

PMLA ◽  
2014 ◽  
Vol 129 (3) ◽  
pp. 512-517
Author(s):  
Jenny Sharpe
Keyword(s):  
United States ◽  
Postcolonial Studies ◽  
The United States ◽  
Aesthetic Education ◽  
Indian Education ◽  
Recent Book ◽  
Asian Immigration ◽  
The Creation ◽  
Gayatri Chakravorty Spivak

In death of a discipline, Gayatri Chakravorty Spivak attributes the emergence of postcolonial studies to an increase in Asian immigration to the United States following Lyndon Johnson's 1965 reform of the Immigration Act (3). I would like to resituate her genealogy of the field in order to consider the “ab-use,” or “use from below,” of the European Enlightenment she asks us to cultivate in her most recent book, An Aesthetic Education in the Era of Globalization. To perform this move, I will suggest that postcolonial studies began more than one hundred years before the legislation Spivak names in what has become a founding document for the field. I am referring to Thomas Babington Macaulay's well-known 1835 minute on Indian education, which proposed the creation of “a class of persons, Indian in blood and colour, but English in taste, in opinions, in morals, and in intellect” (729). The class of Western-educated natives who would serve as liaisons between European colonizers and the millions of people they ruled came to be known in postcolonial studies as colonial subjects.

scholarly journals Economic Sanctions and North Korea

2018 ◽  
Vol 64 (1) ◽  
pp. 131-141 ◽  
Author(s):  
Bob Carbaugh ◽  
Koushik Ghosh
Keyword(s):  
United States ◽  
North Korea ◽  
Economic Sanctions ◽  
The United States ◽  
Economics Students ◽  
International Diplomacy ◽  
Undergraduate Economics ◽  
Bargaining Table ◽  
Jel Classifications

The United States has enacted economic sanctions against North Korea since the early 1950s when North Korea attacked South Korea. Can North Korea be pressured into giving up its nuclear weapons? This article discusses the role of economic sanctions as a tool of international diplomacy with North Korea. Using concepts and tools taught in undergraduate economics classes, the article discusses the operation of sanctions and then it applies this analysis to the case of North Korea. The article examines the success that sanctions have achieved in bringing Kim Jong Un to the bargaining table and the difficulties that sanctions encounter in promoting a lasting resolution of the conflict between North Korea and the United States. The article is written for a broad audience of economics students. JEL Classifications: F0, F1

scholarly journals Language and translation practices of Spanish-language newspapers published in the U.S. borderlands between 1808 and 1930

2019 ◽  
Vol 14 (2) ◽  
pp. 218-242 ◽  
Author(s):  
Laura Gasca Jiménez ◽  
Maira E. Álvarez ◽  
Sylvia Fernández
Keyword(s):  
United States ◽  
Language Use ◽  
The United States ◽  
Spanish Language ◽  
Hispanic American ◽  
Language Policies ◽  
The Creation ◽  
The Impact ◽  
The U.S

Abstract This article examines the impact of the anglicizing language policies implemented after the annexation of the U.S. borderlands to the United States on language use by describing the language and translation practices of Spanish-language newspapers published in the U.S. borderlands across different sociohistorical periods from 1808 to 1930. Sixty Hispanic-American newspapers (374 issues) from 1808 to 1980 were selected for analysis. Despite aggressive anglicizing legislation that caused a societal shift of language use from Spanish into English in most borderland states after the annexation, the current study suggests that the newspapers resisted assimilation by adhering to the Spanish language in the creation of original content and in translation.

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

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