ILN Today Post
March 17, 2020
Anti-corruption enforcement has never been more aggressive or coordinated. In light of this current situation, multinational corporations have continued to emphasize investment in strong anti-corruption compliance programs. In the Asia-Pacific region, jurisdictions have taken strong steps to reinforce their anti-corruption legislative framework by requiring organizations and businesses to comply with internal policies and local regulations.
ILN Today Post
November 19, 2019
The 13th Anti-Corruption Compliance in China Summit 2019 (ACCN), hosted by Duxes, took place at the Crowne Plaza Chaoyang U-Town in Beijing from November 13-14. ACCN 2019 attracted business leaders and legal experts from around the country to exchange ideas on the latest approaches, best practices and interpretation of staying on the correct side of the law when setting up a compliancy scheme or running a business in the country.
ACCN 2019 included speakers from the highest-profile compliancy analysts and academic institutions, including policymakers and representatives from the State Administration for Market Supervision, TRACE International, Ernst & Young, China University of Political Science and Law, Covington & Burling LLP, the Center for Business Ethics & Compliance and the United Nations Development Programme (UNDP).
ILN Today Post
July 2, 2015
In the article “Arrest of corporate magnates marks “new era” in Brazil, say lawyers “, published by LACCA on June 26, 2015, KLA Anti-Corruption partner Isabel Franco discusses the arrests of the heads of two of Brazil’s largest companies. According to Franco the fact that these top executives have been investigated and arrested is fundamental to the new era that Brazil is inaugurating in the combat against corruption. More…
ILN Today Post
March 19, 2015
GUIDELINES FOR THE ANTI-CORRUPTION LAW RELEASED TODAY
Published today in the Federal Official Gazette Decree 8,420/15 of March 18, 2015 (“Decree 8,420/15”) regulates Law 12,846/13 (“Anti-Corruption Law”) and provides for the administrative liability of legal entities for acts against the direct or indirect Public Administration, Brazilian or foreign.
Decree 8,420/15 specifies the general parameters for the application of administrative sanctions, the so-called procedure for the Administrative Liability Process (“PAR”), provides rules for leniency agreements and establishes that the Comptroller General of the Union (“CGU”) has exclusive competence for the execution of leniency agreements in the Federal Executive Branch. The norm also provides rules for the public lists of companies that have been debarred (“CEIS”) and punished by corruption (“CNEP”). More…
ILN Today Post
October 8, 2013
In Part 1 of this series on the bribery of foreign public officials, I described how under the Canadian Corruption of Foreign Public Officials Act (CFPOA) a wide range of conduct can legally amount to bribery when Canadian companies and individuals work with foreign governments or simply take steps to sell their goods, products and services to foreign governments. In Part 2, I reviewed some of the requirements of the United States’ Fraudulent Corrupt Practices Act (FCPA) and the United Kingdom’s Bribery Act 2010 (Bribery Act) and noted how compliance with the CFPOA is clearly insufficient to ensure compliance around the world. In Part 3, I reviewed some high-risk scenarios arising from business promotional activities that every company dealing with foreign governments should keep in mind. In Part 4, I examined the recent Alberta Griffiths case where the company pled guilty to bribery and was saddled with a fine topping $10 million. More…
August 1, 2011
Following introductory comments from Alishan Naqvee, comments on the FCPA from Stuart Gerson and the UK Bribery Act from Charles Wander, the group discussed their thoughts on anti-corruption legislation in their own countries. The discussion was quite lengthy, so I’ve broken it up into multiple posts.
Sueli Avellar Fonseca began with comments about Brazil, which she noted is rated highly on the corruption scale. She said that all the public departments and politicians engage in corruption. The government had created a commission to investigate the existence of corruption and their conclusion was that there is no evidence. Despite this, over the last eight years of the current government, they have made approximately 20 commissions and these commissions are all paid duties to vote in favor of the government.
July 21, 2011
So far, we’ve re-capped Alishan Naqvee’s introduction to anti-corruption laws, and Stuart Gerson’s comments on the US’s Foreign Corrupt Practices Act. Following Stuart’s presentation, the group heard from Charles Wander of Fladgate LLP, who spoke about the new UK Bribery Act.
Charles began by saying that he would give a brief overview of what’s coming on July 1, 2011 in the UK. As he had mentioned during an earlier session, the firm has been doing some work on this with their clients, trying to understand what the issues might be. As Stuart had said, this is going to be applied on a worldwide basis, so it will be applied to anyone with any kind of tenuous connection with the UK.
July 20, 2011
Yesterday, I shared with you this post re-capping Alishan Naqvee’s introduction to the topic of anti-corruption at our 2011 Annual Meeting. To follow up on that, we’ll review Stuart Gerson’s (Epstein Becker & Green) comments during the session regarding the Foreign Corrupt Practices Act (FCPA) and its implications for those in the room.
Stuart provided the attendees with both an article he and a colleague authored on the FCPA, and an overview that their healthcare group had developed. Stuart said that as Alishan had mentioned, both the FCPA and the new UK Anti-Bribery law are extraterritorial – but not only are they applied overseas throughout the world, but they are also applied against non-US citizens, as long as the commerce that they’re supporting is in the stream of interstate commerce within the US.
July 19, 2011
During our 2011 Annual Meeting in Lisbon, we had specialty group breakout sessions – and lucky for you, our corporate session was recorded! The group had a roundtable discussion dedicated to the topic of “Anti-Corruption Laws and Navigating Client Businesses in Foreign Territories,” which was moderated by Alishan Naqvee of LexCounsel Lawyers in India.
Alishan began with some slides to aid the discussion, saying that there is an organization in Japan called Control Risks, who conducted a survey of about 50 companies in Brazil, France, Germany, Hong Kong, the Netherlands, the UK and the US. All of them said that corruption is a major cost for international business, and at the same time, an increasing number of companies in the world, while they are not absolutely aware of the anti-corruption laws in their jurisdictions, most of their business is governed by them, even when doing business in other jurisdictions.