EXTRATERRITORIAL REGULATION SURVEY 2013

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Lilian Webb
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1 TO BE PUBLISHED IN THE JULY/AUGUST 2013 ISSUE OF IFLR INDUSTRY POLL SERIES MANAGING CROSS-BORDER RISK FOR IN-HOUSE COUNSEL

Extraterritorial regulation Guest edited by Its impact on the financial services industry Growth in extraterritorial regulation has escalated exponentially since the financial crisis.

The first is the adoption by many jurisdictions of requirements not included in multilateral agreements and the second is the implementation by regulators of new requirements on banks operating

These lawyers are now telling IFLR that they urgently need more guidance in this area so that they can provide their businesses with clear advice on the implication of doing cross border business

Conducted on a global basis, the survey will provide clarification on regulatory developments in unfamiliar jurisdictions, and how local regulatory regimes are responding to developing

Wood QC (Hon), Head - Global Law Intelligence Unit, Allen & Overy, the results will be published as a dedicated supplement with the July/August issue of IFLR.

2 Extraterritorial regulation Guest edited by Its impact on the financial services industry Growth in extraterritorial regulation has escalated exponentially since the financial crisis. Financial institutions now have to cope with an increasingly complicated and often conflicting web of regulation, driven by two factors. The first is the adoption by many jurisdictions of requirements not included in multilateral agreements and the second is the implementation by regulators of new requirements on banks operating outside their borders. This is why extraterritorial regulation has become the number one issue of concern for in-house counsel at financial institutions. These lawyers are now telling IFLR that they urgently need more guidance in this area so that they can provide their businesses with clear advice on the implication of doing cross border business with foreign entities. In response to this demand IFLR is launching its Extraterritorial Regulation Survey. Conducted on a global basis, the survey will provide clarification on regulatory developments in unfamiliar jurisdictions, and how local regulatory regimes are responding to developing extraterritorial practice in the US and Europe. Guest edited by Philip R. Wood QC (Hon), Head - Global Law Intelligence Unit, Allen & Overy, the results will be published as a dedicated supplement with the July/August issue of IFLR. It will provide readers with: Jurisdictional traffic light risk rating At-a-glance overview of each featured jurisdiction Highlighting significant local risk factors Facilitating an easy comparison of territories Contributions from local law experts Concise guidance on local law Offered by firms recommended to IFLR by our international partners See overleaf for your invitation Expert analysis from leading international practitioners See right for confirmed contributors Philip R. Wood QC (Hon) Global Law Intelligence Unit Allen & Overy Confirmed contributors Christopher Bates Clifford Chance European Market Infrastructure Regulation (Emir) Annette Nazareth Davis Polk & Wardell Dodd-Frank Act Susannah Cogman Herbert Smith Freehills Extraterritorial reach of global anti-money laundering, corruption and bribery regulation Jennifer C. Wheater Proskauer Rose Foreign Account Tax Compliance Act (Fatca) Jan Putnis Slaughter and May Basel III Ronald I. Meltzer WilmerHale US, UK and European trade sanctions

3 How to get involved Following your recommendation to IFLR by our international partners, we would like to invite your firm to participate in the survey on a sponsorship basis, and demonstrate how you can assist investment banks and their advisers understand the critical extraterritorial legal developments in your jurisdiction. We would like to offer you the following sponsorship package: Opportunity to position your firm alongside international firms, including - Allen & Overy, Clifford Chance, Davis Polk & Wardwell, Herbert Smith Freehills, Proskauer Rose, Slaughter and May, and WilmerHale Exclusive opportunity to respond to the survey for your jurisdiction - all opportunities are offered to local experts on a first-come, first-served basis Publication of your firm s responses in a dedicated results supplement - up to 750 words published and distributed with the July/August issue of IFLR Up to two senior lawyer profiles word bios, including headshots & contact details. Displayed alongside your survey responses Prominent sponsor placement on all published results materials - logo inclusion displayed on the inside front cover of the supplement 20 print copies of the supplement - for internal and client distribution purposes High resolution PDF of the published results - with distribution rights to existing and potential clients Promotional activities via IFLR s print, online and social media channels - see overleaf for details Cost of participation Introductory rate: 1,995 To confirm your participation at this introductory rate please return the attached booking form to the relevant contact listed below. All opportunities are offered on a strictly first-come, first-served basis. To discuss sponsorship opportunities please contact Europe and North America Liam Sharkey Tel: +44 (0) lsharkey@iflr.com Latin America Roberto Miranda Tel: +44 (0) rmiranda@iflr.com Asia, Middle East and Africa Denny Squibb Tel: denny.squibb@iflrasia.com At a glance Regulatory survey, conducted on a global basis, over a 1-month period Guest edited by Philip R. Wood, Global Law Intelligence Unit, Allen & Overy Provides financial institutions with a clear understanding of risk levels posed by extraterritorial regulation Results and analysis published in a dedicated supplement with the July/August issue of IFLR Features at-a-glance overview; guidance on local law; and international analysis Exclusive sponsorship opportunities offered to firms recommended to IFLR by our international partners Packages include: Exclusive right to respond to the survey for your jurisdiction Up to two senior lawyer profiles displayed alongside your responses Prominent sponsor placement on all published results materials 20 print copies of the supplement High resolution PDF of the published results with distribution rights Promotional activities via IFLR s print, online and social media channels Special introductory rate See overleaf for more information. RESERVATION DEADLINE: MAY 31

Promotional activities All survey results will be: Published in print with the July/August issue of IFLR magazine IFLR has a loyal readership of at least 6,794 1 per print issue Published on the

(>240) IFLR India Outbound Forum, July 2013 (>215) IFLR Asia Capital Markets Forum, November 2012 (>250) IFLR European In-House Counsel Summit, January 2013 (>300) IFLR European Capital Markets

) Print and online exposure Print reach IFLR magazine has a loyal readership of at least 6,794 1, per print issue IFLR.

4 Promotional activities All survey results will be: Published in print with the July/August issue of IFLR magazine IFLR has a loyal readership of at least 6,794 1 per print issue Published on the free-to-access area of iflr.com Iflr.com has >22,000 2 unique monthly visitors Promoted in IFLR s weekly e-newsletter IFLR s e-newsletter has >18,000 3 subscribers Promoted to IFLR s LinkedIn network IFLR has >2,500 LinkedIn group members The survey will also be promoted electronically to delegates who registered for the following events (1,785 in total): IFLR Asia M&A Forum, February 2013 (>560) IFLR Africa Forum, May 2013 (>240) IFLR India Outbound Forum, July 2013 (>215) IFLR Asia Capital Markets Forum, November 2012 (>250) IFLR European In-House Counsel Summit, January 2013 (>300) IFLR European Capital Markets Forum, April 2013 (>220) (See appendix 2 on pages 6-7 for a selection of IFLR s influential magazine and e-newsletter subscribers.) Print and online exposure Print reach IFLR magazine has a loyal readership of at least 6,794 1, per print issue IFLR.com monthly usage statistics Average unique visitors >22,000 2 / month Average page views >65,000 2 / month Social media IFLR s e-newsletter has >18,000 3 subscribers IFLR has >2,500 LinkedIn group members Subscribers By company type (including print subscribers and free weekly subscribers 4 ) 44.1% Corporate / financial / government institution 37.2% Law firm 7.8% Academic institution PRINT ONLINE NEWSLETTER APP 10.9% Other Footnotes 1. The readership rate based upon a survey conducted in Oct 2012, has been independently audited by IPSOS MORI, the international media consultancy. The number of readers is based upon the readership rate applied to the proposed circulation. At 95% confidence International Financial Law Review will have between 8214 and readers. 2. Source: Webtrends Oct 11 Nov Figures based on IFLR weekly campaign sent on 5th September A combined analysis of IFLR print subscriber file & 10% of IFLR s weekly distribution extrapolated across 18,000 recipients.

5 Appendix 1: How it works Responding to the survey IFLR will provide you with: Ten survey questions Clear survey guidelines available on request Templated responses that can be adapted to your jurisdiction You will be required to: Respond to the ten survey questions Select the appropriate risk rating according to our colour coding system (*) Adapt the templated responses to your jurisdiction Provide concise guidance on local law where applicable Submit no more than 750 words in total We anticipate that this should take no longer than one hour to complete. Survey methodology, guidelines and timeline IFLR will: Distribute the survey in early May Collate all results in early June Analyse and present the responses Categorise the responses according to a colour coding system (*) Publish all results (including an at a glance table) with the July/August issue of IFLR Designing the survey and selecting respondents IFLR has worked closely with Allen & Overy to identify: Key jurisdictions across Europe, North America and Asia-Pacific Local expert firms operating within those jurisdictions Four main areas of extraterritorial regulation to focus on: Antitrust and competition Exchange controls Data protection Financial regulation Ten key questions around these areas with templated responses A colour coding system for responses indicating a risk rating (*) (*) Colour coding system Based on the responses, legal systems in each jurisdiction will be rated on a spectrum that ranges from liberalism to strict control. This scale does not measure whether or not a particular approach is justifiable or reasonable. It is neutral in terms of legal values and seeks only to measure the degree of freedom as against legal restriction. The ratings are: BLUE unrestricted regulation Indicates that the legal position is unrestricted, not bound by rules, relaxed. GREEN limited regulation Indicates a light touch regulatory regime with limited controls or impact. YELLOW moderate regulation Indicates a moderately intrusive regulatory regime. RED strict regulation Indicates that there are prohibitions, strict legal regulations or statutory laws. The survey results will be summarised in an at-a-glance table across all participating jurisdictions with comment from the guest editor. Marketing and promotional activity IFLR will conduct the promotional activities detailed on page 4.

6 Appendix 2: selected IFLR subscribers When your firm partners with IFLR you have the opportunity to influence decision makers who subscribe to IFLR and who receive the free weekly . These are the leading buyers of legal services in Banking, Capital Markets, M&A, and Financial Regulation. They include: ABN Amro Accenture Addleshaw Goddard African Development Bank Air China Southwest Company Akin Gump LLP Allen & Gledhill Allen & Overy LLP American Express Anderson Mori & Tomotsune Anglo American Plc Anheuser Busch ANZ Bank Aon Asset Management Aon Risk Services Arab Petroleum Investments Corporation Arthur Cox Company Ashurst LLP Asia Commercial Bank Asia Mezzanine Capital Group Asia Pacific Mining Ltd Asian Development Bank Association of Financial Markets Australian & New Zealand Bank Australian Treasury Aviva Ltd AXA Bahamas Financial Services Board Baker & Mckenzie Baker Botts Banca D Italia Cons Legale Banco Central Argentino Banco Central De Chile Banco Central De La Republica Banco Central De Reservas Del Peru Banco De Espana Bank Austria Creditanstalt Bank of Albania Bank of America Merrill Lynch Bank of England Bank of Ireland Group Bank of Japan Bank of Korea Bank of Mongolia Bank of Montreal Bank of New York Mellon Bank of Uganda Banque Ouest Africaine De Barclays Capital Barclays Bank Plc Berwin Leighton Paisner Bhp Billiton Limited Binder Grosswang Rechtsanwalte Bingham Mccutchen LLP Blackrock BNP Paribas Board of Governors Fed Reserve BP British Land Capgemini Capita Insurance Services Capital Markets Board of Turkey Capital One Cb Equity Partners Gmbh Central Bank of Trinidad & Tobaga Chadbourne & Parke Citigroup Cleary Gottlieb Steen Hamilton Clifford Chance Clyde & Co LLP Cms Cameron Mckenna LLP Codetel A Verizon Company Cogent Partners Commerzbank Ag Commodity Futures Trading Commission Commonwealth Bank Control Risks Conyers Dill & Pearman Pte Ltd Cravath Swaine & Moore LLP Credit Agricole Suisse Sa Credit Lyonnais Credit Suisse Cuba Central Banco Daewoo Securities Daiwa Securities Smbc Europe Danish Bankers Association Davis Polk & Wardwell Debevoise & Plimpton Deloitte LLP Deutsche Bank DLA Piper LLP US Dubai Islamic Bank Duke Law School Easyjet Airline Co Ltd Edward Nathan Sonnenbergs Edwards Angell Palmer & Dodge EMI Ltd Ernst & Young European Bank For Reconstruction European Central Bank European Commission European Parliament Eversheds LLP Exxonmobil Federal Reserve Bank of Ny Federation Bancaire Francaise Financial Services Authority Fitch Ratings Fraser Milner Casgrain LLP Freshfields Fried Frank Harris Shriver Fulbright & Jaworski LLP GE Capital Gibson Dunn & Crutcher LLP Gide Lotrette Nouel Aarpi Goldman Sachs Grant Thornton LLP Gulf International Bank Harneys Hengeler Mueller Herbert Smith LLP

7 Hogan Lovells Intl LLP Honeywell Hong Kong Exchange & Clearing HSBC Ltd Hutchison Whampoa Limited Hyder Consulting Hydro Tasmania Hyundai Motor Finance Company IBM ICAP Indian Oil Corp Ltd Infosys Technologies Limited Ing Bank Inter American Dev Bank International Capital Markets Association International Monetary Fund Irish Stock Exchange Islamic Development Bank Istanbul Gold Exchange J & A Garrigues SLP J P Morgan John Deere Credit Jones Day K&L Gates LLP Kim Chang & Lee King & Spalding Intl LLP Kirkland & Ellis Inter LLP Korea University KPMG Latham & Watkins LLP Lazard Freres Lenz & Staehelin London School of Economics Loyens & Loeff Macfarlanes LLP Macquarie International Ltd Mannheimer Swartling Advokatby Maples And Calder Maritime & Port Authority of Singapore Mayer Brown International LLP Mcdermott Will & Emery LLP Mercedes Benz Mercer Capital Merrill Lynch Microsoft Corporation Milbank Tweed Hadley & Mccloy Ministry of Finance Finland Ministry of Finance Mexico Ministry of Finance Slovenia Mitsubishi UFJ Secs Intl Plc Mizuho Corporate Bank Ltd Monetary Authority Singapore Morgan Lewis Bockius LLP Morgan Stanley Morrison & Foerster LLP National Bank of Belgium National Grid National Trust Holding Company Natixis Nauta Dutilh Nestle Newedge News Corporation Nomura International HK Ltd Nordea Bank Ab (Publ) Norton Rose LLP Novartis International AG Nyse Euronext Oaktree Capital Mgmt LLC Ogier O Melveny & Myers LLP Ontario Securities Commission Opec Fund For Int Development Oracle Corp SA Orrick Herrington & Sutcliffe Oxford University Paul Hastings Paul Weiss Rifkind Petrobras Pillsbury Winthrop Shaw Pinsent Masons Pricewaterhousecoopers Proskauer Rose Prudential Rabobank International RBS Reed Elsevier NV Reed Smith LLP Resolution Asset Management Ropes & Gray LLP Royal Bank of Canada Salans Samsonite Corporation Samsung Santander Global Banking Saxa Equity Partners Securities And Futures Commission Shearman & Sterling LLP Shell Shepherd And Wedderburn LLP Sidley Austin Siemens AG Simmons & Simmons Simpson Thacher & Bartlett LLP Skadden Arps Slate Meagher Slaughter And May Smbc Nikko Capital Markets Squire Sanders & Dempsey Stagecoach Holdings Plc Standard Bank Stanford Law School Stephenson Harwood Stikeman Elliott Sullivan & Cromwell Svenska Handelsbanken AB Swiss Reinsurance Company The Blackstone Group LLP The Central Bank of China UBS Unilever Uniqlo University of Hong Kong US Department of Treasury Vinson & Elkins L.L.P. Visa Europe Volkswagen Volvo Treasury Ab Wachovia Bank Waitrose Walmart Stores Weil Gotshal & Manges LLP White & Case LLP Wilmer Hale Law Firm Wong Partnership LLP World Bank Yale University Zambia Competition Commission Zurich Financial Services Source: Active subscriber list for November 2012 print or weekly subscribers. Please note that future circulation lists will vary.

CROSS-BORDER FINANCING REPORT 2013

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