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European Parliament, Strasbourg
Sanctions 5: SMB Issues Guidance in Light of Recent Developments in the Middle East Corporate and M&A

Sanctions 5: SMB Issues Guidance in Light of Recent Developments in the Middle East

Following recent developments in the Middle East, the Sanctions Monitoring Board (the “SMB”) has issued a guidance note on the targeted counter-terrorism sanctions which are applicable to Malta in terms of Article 7(5)(b) of the National Interest (Enabling Powers) Act (Chapter 365 of the laws of Malta). This guidance note follows the conflict which arose in the Gaza Strip on the 7th October 2023. This guidance note highlights the sanctions imposed by the European Union to counter terrorism and reduce the financing of terrorist groups through specific restrictive measures. These measures are being directed at specific persons and entities in…
Edmond Zammit Laferla and Zachary Galea
19th January 2024
ESMA TRV Report on Real Estate Investment Funds Investment Services & Funds

ESMA TRV Report on Real Estate Investment Funds

The current exposure in the EU investment fund sector to the risks in real estate markets has been the subject of a recent publication, dated 10th January 2024, which was issued by the European Securities and Markets Authority (“ESMA”) as part of its ongoing Trends, Risks and Vulnerabilities (“TRV”) risk analysis. The publication, entitled ‘ESMA TRV Report in real estate markets – Risk exposures in EU securities markets and investment funds’ (“TRV report”), provides data which shows that securities linked to real estate are increasingly utilised as collateral. Moreover, ESMA outlines in page three of the TRV report that there…
Mario Mizzi
10th January 2024
Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA Banking & FinanceFinTech

Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA

The Markets in Crypto Assets Regulation (MiCA)1 provides the legal framework for digital asset services within the European Union. This regulation, detailed with its 149 articles and 6 annexes, mandates that entities wishing to provide digital asset services across the EU must secure authorisation in one of the EU Member States. It impacts Malta not only because of the regulation’s direct applicability but also because the jurisdiction is known for its forward-thinking stance in financial technology law due to its early implementation of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta. In this fintech insight, rather…
Mario Mizzi
14th November 2023
Sanctions 4: A General Overview of the EU Sanctions Imposed against Russia Corporate and M&A

Sanctions 4: A General Overview of the EU Sanctions Imposed against Russia

Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia. Through this series of articles, we aim to provide a general overview of the notion of sanctions, consider the local framework through which sanctions function in Malta, illustrate the general obligations which subject persons are required to observe vis-à-vis sanctions and discuss a general overview of the sanctions imposed by the EU against Russia. In this fourth article, we shall consider some salient aspects on the EU sanctions imposed on Russia. A common misconception on sanctions imposed…
Edmond Zammit Laferla and Zachary Galea
23rd October 2023
Sanctions 3: Duties of Subject Persons in Relation to International Sanctions Corporate and M&A

Sanctions 3: Duties of Subject Persons in Relation to International Sanctions

Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia. Through this series of articles, we aim to provide a general overview of the notion of sanctions, consider the local framework through which sanctions function in Malta, illustrate the general obligations which subject persons are required to observe vis-à-vis sanctions and discuss a general overview of the sanctions imposed by the EU against Russia. In this third article, we shall consider the additional duties of subject persons (under the PMFLTR) in relation to international sanctions. There are…
Edmond Zammit Laferla and Zachary Galea
13th October 2023
Mamo TCV: In this second article, we shall consider sanctions from a Maltese law perspective.
Sanctions 2: International Sanctions from a Maltese Perspective Corporate and M&A

Sanctions 2: International Sanctions from a Maltese Perspective

Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia. Through this series of articles, we aim to provide a general overview of the notion of sanctions, consider the local framework through which sanctions function in Malta, illustrate the general obligations which subject persons are required to observe vis-à-vis sanctions and discuss a general overview of the sanctions imposed by the EU against Russia. In this second article, we shall consider sanctions from a Maltese law perspective. The main legislation applicable to sanctions in Malta is the…
Edmond Zammit Laferla and Zachary Galea
6th October 2023