Client Due Diligence in International Transactions
However, the rules regarding lawyer conduct in most countries require that they owe a duty of allegiance and confidentiality to their clients and are not “gatekeepers”
Nonetheless, there are certain Client Due Diligence (“CDD”) functions that lawyers should to take to keep themselves out of trouble and properly support their clients.
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Avoid Known Criminals when working with Foreign Investors
When there are large sums of money under discussion, many people begin to look for rationalizations.
If your foreign investor is a known criminal, you are likely to have problems with your attorney and your bank. Attorneys are prohibited from assisting a client to commit a crime or fraud. Similarly, bankers have due diligence requirements that are likely to discover if your investor is a known criminal. You can avoid these problems with ordinary business practice.
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