The Anti-Corruption Report

The definitive source of actionable intelligence covering anti-corruption laws around the globe

Articles By Topic

By Topic: Local Anti-Corruption Laws

  • From Vol. 7 No.12 (Jun. 13, 2018)

    How the Continued Political Fallout From the Odebrecht Scandal Is Affecting Anti-Corruption Efforts in Latin America (Part Two of Two)

    Repercussions from the Odebrecht scandal have reached far and wide, disrupting public and private careers across countries, but have also engendered a larger anti-corruption movement in the nations affected. In this second part of our conversation with Ropes & Gray partner Nicholas Berg, he shares his take on Mexican anti-corruption enforcement, the potential systemic change across Latin America and how multinational companies should approach the region in this anti-corruption climate. In the first part, Berg discussed the implications from Odebrecht in Peru and the ripple effect on the rest of South America, including which changes have and have not worked so far, and the impact of U.S. government initiatives. See our series on the Odebrecht and Braskem Settlements: “Myriad Bribes, Two Companies and One Multibillion Dollar Global Settlement” (Jan. 18, 2017), and “Brazilian Enforcers Are MVPs” (Feb. 1, 2017).

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  • From Vol. 7 No.8 (Apr. 18, 2018)

    ACR Program Examines FCPA Enforcement and Local Anti-Corruption Efforts in China and Singapore

    Asia has long been the most active region for FCPA enforcement actions and investigations. China, which over the past nine years has had more than three dozen actions involving conduct in the pharmaceuticals, technology, manufacturing and other industries, has recently launched its own anti-corruption regime with a new super agency to enforce it. Additionally, the Keppel Offshore & Marine settlement (involving a decade of bribery committed by the world’s largest oil-rig builder) in late 2017 brought Singapore into the anti-corruption spotlight. During a recent program presented by The Anti-Corruption Report, local experts examined FCPA enforcement as well as local anti-corruption efforts in China and Singapore, challenges in conducting internal investigations in China, and the role of whistleblowers in the region. See “Practitioners Take the Pulse of Anti-Corruption Compliance and Enforcement in China” (Mar. 15, 2017).

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  • From Vol. 6 No.10 (May 24, 2017)

    Regional Risk Spotlight:  Rafael Jimenez-Gusi Discusses Corruption Perceptions and Compliance Expectations in Spain

    By passing amendments to its anti-corruption laws in 2015, Spain placed itself at the vanguard of countries that are encouraging companies to implement strong compliance programs. The FCPA Report recently spoke with Rafael-Jimenez Gusi, a partner at Baker McKenzie based in Barcelona, about the new law, Spain’s current enforcement environment and what companies can do to take advantage of the country’s innovative compliance defense. See “Regional Risk Spotlight: Aisha Abdallah Discusses Corruption and Compliance Practices in Kenya” (Apr. 26, 2017).

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  • From Vol. 6 No.8 (Apr. 26, 2017)

    Regional Risk Spotlight: Aisha Abdallah Discusses Corruption and Compliance Practices in Kenya

    Kenya, a major transportation hub in East Africa, in recent years has experienced infrastructure development, a resurgent tourism industry following a 2013 terrorist attack at a mall in Nairobi and a high-profile 2015 visit from President Barack Obama. While Kenya’s growth signifies more investment opportunities for local and foreign companies, the improved economy has not developed without growing pains, notably in the form of corruption. The FCPA Report spoke to Aisha Abdallah, a partner at the Africa Legal Network in Nairobi, about the top corruption risks for companies doing business in Kenya and how they can be mitigated. See “Regional Risk Spotlight: What Companies Need to Know About Internal Investigations in South Africa” (Jul. 27, 2016).

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  • From Vol. 5 No.21 (Oct. 26, 2016)

    Regional Risk Spotlight: Riyadh-Based Attorney Robert Thoms Talks Formal and Informal Anti-Corruption Control in Saudi Arabia

    With the price of oil down precipitously, Saudi Arabia finds itself in a time of economic change. While the country has recently enacted a significant number of laws and regulations targeting corruption, secrecy around enforcement leaves many companies unsure of what is expected of them. Such confusion is particularly concerning for multinationals doing business with the country’s three largest companies, all of which are at least partially state-owned. The FCPA Report recently spoke with Riyadh-based attorney Robert Thoms, a senior attorney at The Law Firm of Salah Al-Hejailan, to discuss Saudi Arabia’s anti-corruption climate and the many ways the country controls corruption both inside and outside of the legal system. See previously “Regional Risk Spotlight: John Vincent Lonsberg of Baker Botts Helps Untangle the U.A.E.’s Web of Anti-Corruption Laws” (Oct. 21, 2015).

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  • From Vol. 5 No.18 (Sep. 14, 2016)

    Room for Improvement: Miller & Chevalier Survey Reveals Troubling Perceptions of Corruption and Compliance in Latin America

    Business executives and in-house legal counsel in Latin America observe high levels of corruption in their countries and generally perceive domestic anti-corruption laws to be ineffective, a recent survey by Miller & Chevalier found. However, they are becoming increasingly familiar with the FCPA and other global anti-corruption laws. We analyze the results of the survey and highlight the issues most relevant to those operating in the region. See “Six Compliance Lessons from the 2012 Latin America Corruption Survey” (Sep. 5, 2012).

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  • From Vol. 5 No.10 (May 18, 2016)

    Regional Risk Spotlight: Reed Smith’s Calvin Chan Discusses Singapore’s Vigorous Anti-Corruption Enforcement

    Singapore, located in the heart of Asia, is surrounded by countries known to be hotbeds of corruption. Yet, the small island city-state is widely considered to be one of the lowest-risk countries in the world, ranking 8th out of 168 countries on the Transparency International Corruption Index, just below low-risk countries such as Switzerland and Norway and above the United States. This does not mean operating in Singapore is free of risk – both the prevalence of government-linked companies and Singapore’s own anti-corruption authorities complicate the corruption landscape. The FCPA Report recently spoke with Calvin Chan, a partner in Reed Smith’s Singapore office, about the state of anti-corruption compliance in Singapore. See previously “Regional Risk Spotlight: Baker & McKenzie Lawyers Discuss Italy’s Corruption Risks and Unique Compliance Model” (Apr. 20, 2016). 

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  • From Vol. 5 No.7 (Apr. 6, 2016)

    Analyzing Spain’s New Corporate Compliance Defense

    Spanish criminal law now includes an affirmative compliance program defense that, when read together with the diligence duties under the Spanish Companies Act, obligates companies to implement corporate compliance programs designed to prevent criminal activity. In a guest article, Rafael Jiménez-Gusi and Diego Pol Longo, partner and associate at Baker & McKenzie Barcelona, analyze the new law and subsequent developments including guidance issued by the Spanish Public Prosecutor and the Spanish Supreme Court. See “Australia’s Shifting Foreign Bribery Regime” (Dec. 2, 2015).

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  • From Vol. 5 No.4 (Feb. 24, 2016)

    Regional Risk Spotlight:  Ayoka Akinosi Discusses the Crackdown on Corruption in Nigeria

    Nigeria recently overtook South Africa as Africa’s largest economy with a nominal GDP of $500 billion. Its abundance of natural resources, including the tenth-largest proven reserves of petroleum in the world, allows the economy room for even more growth in mining and manufacturing. In this installment of the Regional Risk Spotlight, The FCPA Report spoke with Nigerian attorney Ayoka Akinosi, a visiting specialist at Hughes Hubbard, about the recently elected Nigerian President’s anti-corruption efforts and the information challenges companies may face when performing due diligence and internal investigations in Nigeria. See also “Regional Risk Spotlight: Samuel Nam of Kim & Chang Discusses a South Korean Anti-Corruption Landscape in Flux” (Jan. 27, 2016).

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  • From Vol. 5 No.2 (Jan. 27, 2016)

    Japanese Companies Face Growing Anti-Corruption Enforcement Risk

    When companies talk about compliance risk in East Asia, China often dominates the discussion. Japan, on the other hand, is rarely the center of the conversation. While China has routinely been involved in headline-making anti-bribery enforcement actions, Japan, with its mature economy and well-established corporate institutions, has never been the locus of an enforcement action under the FCPA. However, the relative lack of recent enforcement activity does not mean that Japanese multinational corporations should be complacent about anti-bribery enforcement risk. In a guest article, Ananda Martin, a partner in Paul Hastings’ Shanghai office, and Jianxiong Wu, an associate in Paul Hastings’ Tokyo office, analyze the risks that Japanese companies face, both at home and abroad. See also “Lack of Training and Due Diligence Leads to $19 Million Penalty for Hitachi” (Oct. 7, 2015).

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  • From Vol. 5 No.2 (Jan. 27, 2016)

    Regional Risk Spotlight: Samuel Nam of Kim & Chang Discusses a South Korean Anti-Corruption Landscape in Flux

    By all measures, South Korea is one of the world’s most advanced economies. With a GDP of more than $1 trillion and Asia’s highest median income and average wage, it is one of the wealthiest countries in the world. That economic strength, combined with a free trade agreement that came into effect in 2012 and incredible expertise in technological research and development, make South Korean companies attractive partners for foreign companies. However, in recent years South Korea has been rocked by a number of corruption scandals that have led to significant shifts in its anti-bribery and anti-corruption landscape. In this installment of the Regional Risk Spotlight, The FCPA Report spoke with Samuel Nam, a senior foreign attorney at Kim & Chang, about aspects of Korea’s culture that can create corruption risk, recent changes in South Korea’s anti-corruption laws and its broad definition of who is a foreign official. See previously “Regional Risk Spotlight: Michael Farhang of Gibson Dunn Discusses Colombia’s Troubled Corruption History and Recent Reforms” (Dec. 16, 2015).

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  • From Vol. 4 No.26 (Dec. 16, 2015)

    Regional Risk Spotlight:  Michael Farhang of Gibson Dunn Discusses Colombia’s Troubled Corruption History and Recent Reforms

    One of the biggest FCPA news stories of 2015 was the surprise guilty plea of former PetroTiger CEO Joseph Sigelman during his DOJ trial.  That case brought the corruption climate in Colombia, South America’s fourth-largest economy, to the forefront.  For this installment of the Regional Risk Spotlight, The FCPA Report spoke with Michael Farhang, a partner at Gibson Dunn and an expert on Latin America, about Colombia’s troubled past and its recent efforts to curb corruption as it emerges as an economic powerhouse.  See previously “Regional Risk Spotlight: Douglas Mancill of PriceSanond Explains the Thai Corruption Landscape,” The FCPA Report, Vol. 4, No. 24 (Nov. 18, 2015).

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  • From Vol. 4 No.25 (Dec. 2, 2015)

    Australia’s Shifting Foreign Bribery Regime

    Why has it been so difficult for Australian authorities to prosecute foreign bribery offenses, and is that changing?  The Australian Senate is currently investigating how foreign bribery cases are handled, Jason Gray and Alexander Calthrop, attorneys at Allen & Overy, explain in a guest article.  They examine Australia’s current foreign bribery regime, the incremental advancements that have been made since the OECD issued a critical report in 2012, as well as the shortfalls in the system likely to be considered by the Senate.  They also provide guidance on what companies exposed to Australian jurisdiction can do now to get ahead of the regulatory curve.  See also “K&L Gates Panel Reviews Anti-Corruption Enforcement in the U.S., the U.K., China, Australia, Latin America, Africa, Southeast Asia and Russia,” The FCPA Report, Vol. 2, No. 21 (Oct. 23, 2013).

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  • From Vol. 4 No.24 (Nov. 18, 2015)

    Regional Risk Spotlight:  Douglas Mancill of PriceSanond Explains the Thai Corruption Landscape

    The development boom in resort areas, local laws (such as defamation laws, work permit laws and a new foreign bribery law) and other cultural and legal dynamics in Thailand complicate the anti-corruption compliance landscape there.  The FCPA Report spoke to Douglas Mancill, a Bangkok-based partner at PriceSanond, about the corruption risks on the ground in Thailand and how to navigate them.  See also “Analyzing and Addressing Corruption Risks in Southeast Asia,” The FCPA Report, Vol. 3, No. 18 (Sep. 10, 2014).

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  • From Vol. 4 No.21 (Oct. 21, 2015)

    Regional Risk Spotlight: John Vincent Lonsberg of Baker Botts Helps Untangle the U.A.E.’s Web of Anti-Corruption Laws

    The Middle East is an increasingly attractive place to do business, particularly for the energy and defense sectors.  It can be tempting to consider the region as a uniform block with the same laws and cultures.  However, local anti-corruption laws can vary drastically from country to country in the area.  The United Arab Emirates is not the largest country in the region, but due to its federal structure, it has one of the most complicated anti-corruption regimes.  Its web of federal laws, local laws and ministry policies can make it difficult for foreign companies to identify anti-corruption risks.  For this installment of the Regional Risk Spotlight series, The FCPA Report spoke with John Vincent Lonsberg, a partner at Baker Botts based in Dubai, who has more than three decades of experience doing business in this part of the world.  Lonsberg discussed, among other things, how the U.A.E.’s conflicts of interest laws and economic offset programs complicate working with local third parties, the difficulties of determining who is a foreign official and changing attitudes towards gift-giving in this wealthy federation.  See “Mitigating Corruption Risk in the Middle East (Part One of Two),” The FCPA Report, Vol. 4, No. 15 (Jul. 22, 2015); Part Two, Vol. 4, No. 16 (Aug. 5, 2015).

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  • From Vol. 4 No.19 (Sep. 23, 2015)

    Responding to China’s Aggressive Anti-Corruption Enforcement

    The DOJ and SEC’s sustained focus on corruption in China, combined with China’s own anti-corruption push, has left many multi-national companies scrambling to strengthen their compliance programs.  On September 30, Paul Hastings, EY and The FCPA Report will host a symposium in Washington, D.C., addressing how companies can mitigate risk when operating in China.  The FCPA Report’s Editor-in-Chief, Nicole Di Schino, will moderate the event.  The panelists, all recognized experts in Chinese anti-corruption, include: Nat Edmonds, a Paul Hastings partner and former FCPA prosecutor; Ananda Martin, a partner in Paul Hastings’ Shanghai office; and John Auerbach, a partner and former Greater China managing partner in EY’s fraud investigation and dispute services group.  For more information on the symposium please contact Nicole Di Schino at ndischino@fcpareport.com.  To RSVP, please click here.

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  • From Vol. 4 No.19 (Sep. 23, 2015)

    Regional Risk Spotlight:  Jay Holtmeier of WilmerHale Explains How to Navigate Bureaucratic Corruption Risks in India

    As the world’s second-most populous country, India presents myriad opportunities for foreign companies to sell and manufacture their products.  As an English-speaking nation with a highly educated populace, it has also become a hub for outsourcing services such as customer relations and technical support.  On the other hand, as a legacy of its colonial past, India is highly bureaucratic and companies doing business there face an intricate web of government regulations and licensing requirements, creating corruption risk.  In this installment of The FCPA Report’s Regional Risk Spotlight series, we talk to Jay Holtmeier, a partner at WilmerHale, about how companies can best navigate corruption risks in India and build strong compliance programs while doing business there.  See also “Regional Risk Spotlight:  Thomas Firestone of Baker & McKenzie Explains How to Navigate Corruption Risks in Russia,” The FCPA Report, Vol. 4, No. 16 (Aug. 5, 2015).

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  • From Vol. 4 No.18 (Sep. 9, 2015)

    The Emperor Is Far Away: The Evolving Nature of Third-Party Risk in China

    The sheer volume of dollars that flow through the Chinese economy, combined with the evolving nature of corruption risk, make it essential that companies operating there remain ever vigilant and frequently re-evaluate the risk profile of their Chinese operations.  On September 30, Paul Hastings, EY and The FCPA Report will host a symposium in Washington, D.C. addressing how companies can mitigate risk when operating in China.  The FCPA Report’s Editor-in-Chief, Nicole Di Schino, will moderate the event.  The panelists, all recognized experts in Chinese anti-corruption, include: Nat Edmonds, a Paul Hastings partner and former FCPA prosecutor; Ananda Martin, a partner in Paul Hastings’ Shanghai office; and John Auerbach, a partner and former Greater China managing partner in EY’s fraud investigation and dispute services group.  In advance of the September 30 symposium, The FCPA Report spoke with Edmonds, Martin and Auerbach regarding one of the biggest risk areas facing companies operating in China – third parties.  For more information on the symposium please contact Nicole Di Schino at ndischino@fcpareport.com.

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  • From Vol. 4 No.18 (Sep. 9, 2015)

    Mayer Brown Attorneys Discuss Tax Court Corruption Scandal in Brazil

    Despite recent initiatives to curb bribery, corruption remains endemic in Brazil.  The evolving Petrobras scandal exposed extensive corruption in the petroleum industry and now another multi-billion dollar corruption scandal has come to light involving one of Brazil’s tax tribunals.  Taxpayer intermediaries appear to have bribed judges on Brazil’s Administrative Council of Tax Appeals (known as CARF) to secure favorable outcomes.  Dozens of CARF decisions from 2005 through 2013 are being investigated.  A recent program presented by Mayer Brown offered valuable insights into the corruption scheme, the pending investigations and potential liabilities for participants in the scheme under both Brazil’s Clean Companies Act and the FCPA.  The program featured Mayer Brown partner Kelly Kramer, who moderated the discussion, and Salim J. Saud Neto and Eduardo Telles, partners at Tauil & Chequer Advogados, Mayer Brown’s Brazil affiliate.  This article summarizes the key takeaways from the program.  See also “Experts on Brazilian Law Explain the Latest Fallout from the Petrobras Scandal,” The FCPA Report, Vol. 4, No. 11 (May 27, 2015); and “Operation Car Wash: Examining the History and Consequences of the Petrobras Scandal,” The FCPA Report, Vol. 4, No. 6 (Mar. 18, 2015).

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  • From Vol. 4 No.16 (Aug. 5, 2015)

    Regional Risk Spotlight:  Thomas Firestone of Baker & McKenzie Explains How to Navigate Corruption Risks in Russia

    When conducting business in Russia, multi-national companies often find themselves in the precarious position of trying to comply with local laws or traditions that conflict with international anti-corruption obligations.  Implementing policies that address this conflict in today’s political climate is a daunting task.  In this installment of The FCPA Report’s Regional Risk Spotlight series, we talk to Thomas Firestone, a partner at Baker & McKenzie, about the most pressing corruption issues in Russia and how companies doing business there can mitigate those risks using their compliance programs.  See also “Regional Risk Spotlight: William McGovern of Kobre & Kim Advises on How to Handle Corruption Risk When Doing Business in China,” The FCPA Report, Vol. 4, No. 14 (Jul. 8, 2015).

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  • From Vol. 4 No.15 (Jul. 22, 2015)

    Mitigating Corruption Risk in the Middle East (Part One of Two)

    The Middle East lures businesses and investors with eye-popping wealth, rich natural resources and an almost insatiable appetite for growth.  But the region presents a panoply of challenges for those wishing to do business there without running afoul of both American and local anti-corruption laws.  A prevalence of state-owned entities and business-minded royal families; laws requiring third-party facilitators in transactions; and a culture that embraces gift-giving are only some of the corruption risks in the region.  These challenges were recently addressed at a Strafford Publications panel featuring Tom Best, a partner at Steptoe & Johnson in Washington, D.C.; Marc Alain Bohn, counsel at Miller & Chevalier in D.C.; John Vincent Lonsberg, a partner with Baker Botts based in Dubai, U.A.E.; and Daniel P. Chung, of counsel with Gibson Dunn in D.C.  This article series covers some of the insights from the panelists.  This first article addresses the diverse cultural and legal factors that a company needs to be aware of when doing business in the region.  The second article will focus on three specific areas of corruption risk and strategies for mitigating those risks.  See also “Corruption and the Arab Spring: Compliance Implications for International Companies,” The FCPA Report, Vol. 1, No. 4 (Jul. 25, 2012).

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  • From Vol. 4 No.6 (Mar. 18, 2015)

    Operation Car Wash: Examining the History and Consequences of the Petrobras Scandal

    As the Petrobras investigation continues to unfold, consequences for companies and individuals, both in Brazil and worldwide, grow.  Raids have been conducted; hundreds of subpoenas issued; and the number of guilty pleas is already in the double digits.  Companies involved with Petrobras face a variety of consequences including potential FCPA charges.  In a recent webinar, Mayer Brown partner Kelly Kramer, and Tauil & Chequer Advogados partners Salim Jorge Saud Neto and Leonardo Morato discussed the history of the Petrobras investigation, the economic consequences for Petrobras suppliers and the international consequences of the scandal.  See also “The Changing Dynamics of Anti-Corruption Enforcement in Brazil,” The FCPA Report, Vol. 2, No. 23 (Nov. 20, 2013).

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  • From Vol. 4 No.4 (Feb. 18, 2015)

    Navigating Corruption Challenges in India

    With its lucrative domestic market, skilled workforce and competitive labor costs, India presents enticing investment opportunities but also significant corruption risk.  The corruption landscape there is a dynamic one, however, with citizens of the world’s largest democracy questioning the ability of elected representatives to serve the national interest and pushing for reform.  In a guest article, Ropes & Gray attorneys Alexandre H. Rene, Kim B. Nemirow and Nikhil Sud discuss the extent and nature of corruption in India; recent and ongoing efforts to fight corruption; and three steps that will help foreign investors successfully navigate the risks India poses and tap into India’s fertile market.  See also “Doing Business in India: Avoiding Corruption Risks and Monitoring Compliance Programs,” The FCPA Report, Vol. 3, No. 12 (Jun. 11, 2014).

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  • From Vol. 3 No.23 (Nov. 19, 2014)

    Petrobras Probe Updates

    Mass corruption allegations against oil and gas giant Petrobras have caused a political headache for Brazil’s president, Dilma Rousseff (formerly chair of Petrobras’ board), and has sent the company’s share prices plunging 35% in the last month.  It may be the first test of the new Lei Anticorrupção (Brazil Anti-Corruption Act).  See “Navigating Compliance Challenges After the Debut of Brazil’s New Anti-Corruption Law,” The FCPA Report, Vol. 3, No. 3 (Feb. 5, 2014).  The scandal has had global reach, with related investigations extending beyond Brazil to the U.S. and the Netherlands.  Selected recent developments follow, compiled with help from our sister publication, Policy and Regulatory Report (PaRR).

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  • From Vol. 3 No.22 (Nov. 5, 2014)

    Understanding Recent Developments in South Korea to Mitigate Anti-Corruption Risk

    Cozy and often corrupt relationships between government regulators and the private sector remain ubiquitous in South Korea, as do lavish gifts, however, the country has made great strides in fighting corruption.  In a guest post, Liz K. Chung, Han-Kyu Kim and Hee Won (Marina) Moon, attorneys at the Seoul law firm Kim & Chang, discuss the Korean anti-corruption regime and enforcement climate, detail four anti-corruption trends, and provide strategies for dealing with the most significant corruption risks there.  See also “Gibson Dunn Attorneys Take the Pulse of Anti-Corruption Risks in Emerging Markets,” The FCPA Report, Vol. 3, No. 3 (Feb. 5, 2014).

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  • From Vol. 3 No.19 (Sep. 24, 2014)

    Analyzing GSK’s Record-Breaking Chinese Bribery Fine

    China has fined GlaxoSmithKline a record 3 billion yuan ($489 million) for paying bribes to hospitals and doctors to prescribe its products, closing a fifteen-month investigation into the company’s activities there.  FCPA experts shared insights with The FCPA Report about the impact of the historic decision on GSK and other multi-national companies operating in China.  See also “Seven Lessons from China’s Bribery Investigation of GlaxoSmithKline,” The FCPA Report, Vol. 2, No. 16 (Aug. 7, 2013).

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  • From Vol. 3 No.13 (Jun. 25, 2014)

    Davis Polk FCPA Experts Assess Global Anti-Corruption Trends (Part One of Two)

    Midway through 2014, what is the state of global anti-corruption enforcement and what does it mean for multi-national companies?  In a recent webinar, attorneys from Davis Polk & Wardwell examined the trends that are shaping the enforcement and compliance landscape.  In part one of this article series, Davis Polk attorneys compare and contrast three recent FCPA resolutions and discuss the enforcement climate in Asia and other parts of the world and the accompanying compliance implications.  In part two, they discuss international cooperation in anti-bribery investigations and changes in the FCPA enforcement climate, including the increasing use of administrative proceedings by the SEC.  See “Davis Polk Lawyers and Morgan Stanley Compliance Director Discuss DOJ’s Decision Not to Prosecute Morgan Stanley for FCPA Violations,” The FCPA Report, Vol. 1, No. 10 (Oct. 17, 2012).

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  • From Vol. 3 No.13 (Jun. 25, 2014)

    Canadian Anti-Corruption Enforcement Ramps Up with First CFPOA Sentence and Three More Charged

    In another move signaling a stepped-up Canadian anti-bribery enforcement regime, the Royal Canadian Mounted Police has charged three former Cryptometrics executives, two American and one British, with violating the Corruption of Foreign Public Officials Act (CFPOA), the Canadian analog to the FCPA.  These charges follow the May 2014 sentencing of Nazir Karigar to three years in prison for CFPOA violations related to the same case.  Karigar’s was the first conviction under the 1999 law, which was amended and strengthened last year, and the sentencing decision provides insight into how Canadian courts treat corruption.  See “The Essentials of the New Canadian Anti-Corruption Requirements,” The FCPA Report, Vol. 2, No. 6 (Mar. 20, 2013).

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  • From Vol. 3 No.12 (Jun. 11, 2014)

    Doing Business in India: Avoiding Corruption Risks and Monitoring Compliance Programs

    India presents companies not only with tremendous business opportunities but also an entrenched culture of corruption at virtually every government “touchpoint.”  Strafford Publications recently hosted a panel discussion highlighting some of the unique challenges facing companies trying to navigate India’s notorious bureaucracy.  The discussion examined FCPA cases with Indian connections as well as the anti-corruption enforcement climate in India and offered guidance on third-party due diligence and on monitoring the effectiveness of an anti-corruption compliance program.  The panel featured Jay Holtmeier, a partner at Wilmer Hale; Elizabeth D. Keating, Global Compliance Counsel – Investigations of Johnson Controls, Inc.; and Michael Stavridis, a partner at Ernst & Young.  See also “Gibson Dunn Attorneys Take the Pulse of Anti-Corruption Risks in Emerging Markets,” The FCPA Report, Vol. 3, No. 3 (Feb. 5, 2014).

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  • From Vol. 3 No.10 (May 14, 2014)

    Corruption Risks and Anti-Corruption Strategies in the E.U.

    Europe may not be an emerging market, but, as the European Commission’s first Anti-Corruption Report detailed, there are pervasive corruption risks in Europe that companies must navigate; risks made more pressing by increased anti-corruption enforcement in the E.U. as well as the evolving requirements of the laws there.  In a recent Strafford Publications webinar, K&L Gates partner Edward J. Fishman, along with associates Laura Atherton from the firm’s London office and Isabelle De Smedt from the firm’s Brussels office, examined the corruption risks in the region and offered strategies for mitigating those risks.  The panelists reviewed the E.C.’s February Anti-Corruption Report, the related climate of corruption and the existing corruption laws and shared best practices for an effective compliance program.  See also “Eye-Opening Report Helps Companies Tackle European Corruption Risks,” The FCPA Report, Vol. 3, No. 6 (Mar. 19, 2014).

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  • From Vol. 3 No.6 (Mar. 19, 2014)

    Eye-Opening Report Helps Companies Tackle European Corruption Risks  

    "Breathtaking” is how one European Commissioner characterized the corruption described in the European Commission’s February 2014 Anti-Corruption Report, which details each E.U. Member State’s efforts in fighting corruption and provides advice for improving the effectiveness of those efforts.  In a guest article, Antonio Suarez-Martinez and James Maton, partners in Edwards Wildman Palmer LLP’s London office, analyze the Report and the relevant takeaways for companies doing business in Member States.  For more insight from Edwards Wildman, see “Collateral Consequences of Bribery: When Can Ethical Competitors Initiate Suit in the U.S. and U.K.?,” The FCPA Report, Vol. 2, No. 10 (May 15, 2013).

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  • From Vol. 3 No.5 (Mar. 5, 2014)

    Deferred Prosecution Agreements Come into Force in the U.K.

    The U.K. will now be using Deferred Prosecution Agreements to resolve certain cases.  Similar to U.S.-styled DPAs, British DPAs are agreements between prosecutors and corporations that charges will be presented but not pursued, provided the organization complies with a set of agreed-upon terms and conditions.  Those terms and conditions generally involve payment of substantial fines and/or the implementation of remediation programs.  In a guest article, Elizabeth Robertson, Laura Atherton and Sasi-Kanth Mallela, partner, associate and special counsel, respectively, in K&L Gates’ London office, say that the advent of DPAs will be broadly welcomed by the business community but their application in the U.K. will not be without its controversies.   They consider some of the issues likely to arise as DPAs, which will be implemented in some significantly different ways than they are in the U.S., find their feet in the U.K.  See FCPA Corporate Settlements of 2013: Details, Trends and Compliance Takeaways,” The FCPA Report, Vol. 2, No. 25 (Dec. 18, 2013).

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  • From Vol. 3 No.4 (Feb. 19, 2014)

    Corruption Risk and the Changing Legal Climate in Latin America

    Although Latin American countries offer a tremendous wealth of business opportunities, the region is a potential minefield of corruption risks, perilous to navigate.  A recent webinar hosted by Strafford Publications discussed the dynamic enforcement climate, risks endemic to the region, an overview of recent and pending changes in local anti-corruption laws (including the newly-enacted law in Brazil) and provided advice on how to optimize compliance programs for the region.  The program featured Jay Holtmeier, a partner at WilmerHale; Matteson Ellis, Special Counsel at Miller & Chevalier; and Matthew J. Feeley, a Shareholder in Buchanan Ingersoll & Rooney.  See also “Gibson Dunn Attorneys Take the Pulse of Anti-Corruption Risks in Emerging Markets,” The FCPA Report, Vol. 3, No. 3 (Feb. 5, 2014).

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  • From Vol. 3 No.3 (Feb. 5, 2014)

    A Comparison of Five Major Anti-Bribery Laws

    In this era of increasing international cooperation, anti-corruption compliance programs cannot consider only the FCPA.  Various anti-bribery regimes must be addressed in a multi-national company’s program to adequately protect the company from the growing threat of global enforcement. In a guest article, T. Markus Funk and Sambo “Bo” Dul, attorneys at Perkins Coie, provide a comparison of the different anti-corruption laws in the U.S., the U.K., China, Germany and India.

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  • From Vol. 1 No.8 (Sep. 19, 2012)

    Transparency International Reports “Inadequate” Worldwide Enforcement of OECD Anti-Bribery Convention

    Transparency International (TI) has released its eighth annual Progress Report on enforcement of The Organisation for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was adopted in 1997.  TI found that, while some signatories are increasing their enforcement efforts, the “overall level of enforcement remains inadequate.”  This article summarizes the findings of the Progress Report and highlights its conclusions.

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