Drafting and Negotiating Sanctions and AML Clauses and Compliance Provisions in Agreements

November 15, 2018 12:15pm

Nancy Fischer
Partner
Pillsbury (USA)

Lucy Callaghan
Vice President
Morgan Stanley | Legal and Compliance (UK)

  • What sanctions clauses and to what extent should lenders and borrowers include in agreements to protect themselves from OFAC, OFSI and other liabilities
  • Defining the scope of sanctions provisions with the view to address reputational and legal risks
  • Practical examples of sample provisions to identify the sanctions compliance status of a counterparty
  • Illegality provision: is that enough to protect the lenders in case of sanctions breach