In This Issue:
- Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny
- RWIND Tenderer Test: Objective or Subjective?
- Recent Anti-Corruption Trends and Developments
- DOJ Kicks Off 2015 with an FCPA Enforcement Action Against a Former President of a Philadelphia Consulting Company
- Update: German and UK Governments Move Further Along the Path Towards Transposition of Overhauled EU Procurement Regime
- United States Lawmakers Pass Appropriations Bills for Fiscal Year 2015
- Those German Authorities Awarding Public Contracts Cannot Hold Tenderers from Other EU States to National Minimum Wage Requirements
- United States Lawmakers Pass an Array of Information Technology and Cybersecurity Legislation
- Excerpt from Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny:
In Spring 2014, the German Federal Ministry of the Interior (“BMI”) issued a decree directed to its awarding authority that quickly became known as the “No Spy Decree.” The Decree is intended to prevent vendors from disclosing, to the benefit of foreign security agencies or intelligence bodies, security-relevant information gathered when carrying out contracts concluded with German public authorities. Nevertheless, the Decree could impede competition because the measures required to prevent disclosure of security-relevant information will be difficult to meet for non-domestic bidders and for German bidders that are wholly owned, or controlled, by a foreign parent or that have other affiliated companies incorporated under a foreign jurisdiction.
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