News & Analysis as of

Anti-Bribery

Facilitation payments no longer permissible under Canadian anti-corruption law

by DLA Piper on

Canada's repeal of the "facilitation payments" exception in its foreign anti-corruption law widens the rift between the United States, which permits such payments, and the majority of other countries, which prohibit them....more

Compliance Training for Third Parties Needs a Game Plan

by NAVEX Global on

More than half (58 percent) of organizations surveyed in NAVEX Global’s 2017 Ethics & Compliance Third-Party Risk Management Benchmark Report ranked their third-party programs as mature or advanced. This is encouraging, but...more

Internal Controls for Gift Giving this Holiday Season

by NAVEX Global on

Thanksgiving and the start of the holiday season is upon us. I thought a review of internal controls around gifts was in order. Many companies effectively minimize the risk of inappropriate gifts through stringent...more

SEC’s Announcement of Chief of FCPA Unit Signals Possible Anti-Bribery Enforcement Focus on Non-U.S.

by Reed Smith on

Non-U.S. companies traded on the United States stock exchanges, take notice: you may be receiving increased attention from the U.S. Securities and Exchange Commission’s (“SEC’s”) anti-bribery arm. This client alert by...more

Argentina Passes New Anti-Corruption Statute

by Holland & Knight LLP on

A more robust anti-corruption culture is taking hold in Latin America. In line with this trend, the National Congress of Argentina just last week passed a bill creating a criminal liability regime for legal entities. As the...more

DOJ – Aggressive International Anti-Corruption Enforcement to Continue

by Thomas Fox on

Acting Assistant Attorney General Ken Blanco spoke yesterday at FCPA/OECD Anniversary Conference at the NYU School of Law. His remarks made clear not only the importance of enforcement of laws against bribery and corruption...more

Significant Revisions to China’s Commercial Bribery Law

by Latham & Watkins LLP on

China clarifies the scope of its commercial bribery law, which has important implications for companies and individuals doing business in China. Key Points: The Standing Committee of the National People’s Congress has...more

Amendments to China’s Anti-Unfair Competition Law Broadens the Scope of Commercial Bribery, Imposes Vicarious Liability, and...

by Ropes & Gray LLP on

On November 4, 2017, the Standing Committee of the National People’s Congress (“NPC”) adopted amendments to China’s Anti-Unfair Competition Law (“Amended AUCL”). In 1993, the Chinese government enacted the AUCL to encourage...more

Canada Just Outlawed Facilitation Payments. Should You?

by Arnall Golden Gregory LLP on

On October 31, 2017, an amendment to the Corruption of Foreign Public Officials Act (“CFPOA”), Canada’s analog to the U.S. Foreign Corrupt Practices Act (“FCPA”), made illegal defined ‘facilitation payments.’ The CFPOA now...more

Alternatives to prosecution in an age of global enforcement - Global alternatives to prosecution when a corporate is facing a...

by White & Case LLP on

Businesses are increasingly becoming global, and so are enforcement actions in response to alleged corporate wrongdoing around the world. The harsh reality is that wherever there is potential corporate criminal wrongdoing,...more

[Webinar] Ethics & Compliance Virtual Conference - November 9th, 5:30am PT

by NAVEX Global on

Organizations that focus on creating ethical cultures come out ahead - That’s why this year’s conference theme is Ignite a Winning Workplace Culture. Winning cultures do not happen accidentally – they’re navigated by...more

For US Employers Operating in Mexico, Anti-Corruption Compliance Now is a Multi-Jurisdictional Obligation

by Fisher Phillips on

For several decades, US employers operating in Mexico (or anywhere else around the globe, for that matter) have been subject to – and, therefore, should be aware of – the tenets of the federal Foreign Corrupt Practices Act...more

ISO 37001: Risk Assessments, Employees, and Due Diligence Requirements (Part IV of V)

by Michael Volkov on

In Part IV of my series on ISO 37001, I examine requirements relating to risk assessments, design of policies and procedures, and due diligence requirements. Section 4.5 sets out requirements for conducting risk...more

ISO 37001: Board, Top Management and Anti-Bribery Compliance Responsibilities (Part III of V)

by Michael Volkov on

In Part III of my continuing series on ISO 37001, today I examine the board and top management’s respective responsibilities in the implementation and oversight of an anti-bribery management system....more

ISO 37001: The Good, The Bad and the Ugly (Part II of V)

by Michael Volkov on

In Part II of my continuing series, I identify in broad strokes some of the more significant positive and negative aspects of ISO 37001. While it is easy to second-guess the ISO 37001 authors, there are some interesting...more

Steering the course – navigating bribery and corruption risk in private equity investments: Part 1

by Hogan Lovells on

Identifying Bribery and Corruption risk in the context of private equity investments (and M&A more generally) is key to ensuring the value of an acquisition. Companies will busy themselves with due diligence on tax,...more

China Further Revised Commercial Bribery Law in the Latest Draft Amendments to Anti-Unfair Competition Law

by Latham & Watkins LLP on

The modified draft amendments clarify the scope of commercial bribery, provide helpful exceptions, and increase penalties. Key Points: The Law Committee of the National People’s Congress has released a Second Draft of...more

Significant Changes In Anti-Bribery Laws In Mexico And Colombia Signal A New Commitment To Anti-Corruption Efforts

by Morgan Lewis on

For companies with global operations, the Foreign Corrupt Practices Act (FCPA) is no longer the only anticorruption law of significance. Mexico and Colombia recently enacted sweeping anti-corruption legislation aimed at...more

FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report

by Thomas Fox on

In this episode, I visit with Mike Skopets, from Miller & Chevalier on the firm’s Summer 2017 FCPA Report. We discuss the background to the Report and begin with what macro trends the firm identified. We discuss the numbers...more

Frontier Markets Require a Long-Term Investment in Compliance & Success

by NAVEX Global on

The rewards from investing in so-called “frontier markets” are enticing: rapid growth with unexploited niches, often marked by youthful consumers excited with their new found discretionary cash. These are the regions that...more

AFRICA - A Legal Guide for Business Investment and Expansion: Egypt

1 .What role does the government of Egypt play in approving and regulating foreign direct investment? Egypt has traditionally been a leader in the Arab world in the political, cultural, and economic spheres. Due to recent...more

White Collar Watch (July 2017 • Vol 1, Issue 2)

by Blank Rome LLP on

Welcome to the summer edition of Blank Rome’s White Collar Watch. In a world that seems to bring new challenges daily—such as the global cybersecurity attacks that were launched in late June—this newsletter is designed to...more

Ontario Court Upholds Landmark Anti-Bribery Conviction

On July 6, 2017, in R. v. Karigar, the Ontario Court of Appeal (Court) dismissed an appeal by Mr. Nazir Karigar of his conviction for agreeing to offer a bribe to a foreign public official, contrary to section 3(1)(b) of the...more

German Legislator facilitates confiscation orders and asset recovery

by DLA Piper on

After having implemented stricter anti-bribery and corruption regulations in late 2015 and mid- 2016, new criminal law provisions regarding confiscation orders and asset recovery will enter into force on 1 July 2017. The...more

3 Top Anti-Corruption Best Practices Businesses Should Adopt

by NAVEX Global on

Stories of corruption and bribery feel like a staple in the news today, but in-house counsel still has to worry about a lot more than just bad press. For U.S.-based companies operating across borders, stricter global...more

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