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Unwelcome Intrusion: Reckoning with the Impact of Economic Sanctions on Derivatives Transactions | Cadwalader, Wickersham & Taft LLP

I. A Growing Risk
The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global markets in the process. It is now common for sanctions to target not only rogue regimes, terrorists, and drug traffickers, but also major corporations that are deeply integrated into international financial markets – including derivatives markets. For evidence of this trend, one need look no further than the November 12, 2020 Executive Order (“E.O.”) “on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The Order prohibits transactions by U.S. persons in the securities of identified Communist Chinese military companies (“CCMCs”), including “any securities that are derivative of, or are designed to provide investment exposure to such securities.” ....

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Reckoning with the Impact of Economic Sanctions on Derivatives Transactions

Reckoning with the Impact of Economic Sanctions on Derivatives Transactions
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United States , Hong Kong , United Kingdom , Hong Kong Special Administrative Region , Hong Kong General , Council Of The European Union , Council Regulation Ec No , United Kingdom Office Of Financial Sanctions Implementation , Derivatives Association , United Nations , United Nations Security Council , International Swaps , European Union , European Union Withdrawal , Department Of The Treasury , Securities Exchange , Chinese Military Companies , Securities Investments , Finance Communist Chinese Military Companies , Communist Chinese , Guidance Note , Addressing Sanctions Issues , Managing Counterparty Sanctions Risk , Foreign Assets Control , Designated Nationals , Blocked Persons List ,