As one of the world’s largest energy producing countries, many US companies have subsidiaries in Brazil, which are subject to the Foreign Corrupt Practices Act (FCPA). Most of these companies have translated versions of the US FCPA compliance program. Such translations often disregard the size, nature, and particularities of Brazilian business, as well as the local risks and legal requirements pertaining to the Brazilian subsidiaries. Although these programs add value to companies, provide more security to investors and avoid reputational damage, aside from other benefits, they are mostly implemented by Brazilian subsidiaries of American companies subject to the FCPA. It is unusual to find a Brazilian company not subject to the FCPA that has a compliance program in place.

In a recent article by entitled, “Compliance in Brazil: Current and Future Perspectives” published in the International Law Enforcement Reporter, Brazilian attorney Carlos Henrique da Silva Ayres discussed legislation introduced in Brazil last year which is designed to require Brazil to comply with international agreements for combating bribery to which Brazil is a signatory. This legislation, designated as draft bill No. 6.826/2010, addresses civil and administrative liability for corporations for corrupt acts relating to Brazil’s national and foreign public administration.