News & Analysis as of

Anti-Corruption

Saudi Arabia Update – November and December 2017

by Dentons on

Legal developments - Saudi Arabia anti-corruption drive and protection of corporates - In the wake of Saudi Arabia’s headline-grabbing anti-corruption drive in November, Crown Prince Mohammed bin Salman instructed the...more

Large Whistleblower Award to Non U.S. Person- Lessons for Anti-Corruption Compliance Programs

On December 5, 2017 the Securities and Exchange Commission (“SEC”) awarded more than $4.1 million to a whistleblower for alerting the SEC to a multi-year securities fraud engaged in by his employer. The award is significant...more

What Multinational Companies in Argentina Need to Know About Anti-Corruption Now

by Kobre & Kim on

Underscored by the recent contentious presidential and congressional elections, during which corruption was — as it is throughout the region — a hot-button issue, anti-corruption enforcement in Argentina is on the rise....more

DOJ Issues New Policy Encouraging Self-Reporting FCPA Violations

by Bracewell LLP on

On November 29, 2017 the Deputy Attorney General of the U.S. Department of Justice (DOJ), Rod J. Rosenstein, announced a new FCPA enforcement policy that seeks to incentivize voluntary self-reporting by providing companies...more

France Announces Its First Deferred Prosecution Agreement

In a move that could signal a new phase of government enforcement in France, on November 27, 2017, French authorities published a Convention judiciaire d’intérêt public (CJIP) with HSBC Private Bank Suisse SA (HSBC PB), the...more

Takeaways from the 34th International Conference on the Foreign Corrupt Practices Act

by K&L Gates LLP on

At the 34th International Conference on the Foreign Corrupt Practices Act held last week in Washington, D.C., industry executives, members of the defense bar, and regulators examined developments in the enforcement of the...more

DOJ’s FCPA Corporate Enforcement Policy Creates Greater Certainty for Companies

The Foreign Corrupt Practices Act of 1977 (FCPA) makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. On November 29,...more

DOJ's New FCPA Enforcement Policy Continues its "Carrot-and-Stick" Approach

by Jones Day on

The Situation: Companies that learn of Foreign Corrupt Practices Act ("FCPA") violations by employees or agents are faced with significant uncertainty as to whether the benefits and risks of self-disclosing the conduct to the...more

DOJ Deputy Attorney General Rod Rosenstein Announces FCPA Corporate Enforcement Policy

• The voluntary disclosure of a Foreign Corrupt Practices Act (FCPA) violation, “full cooperation” in an ensuing investigation, and timely and appropriate remediation, will create a presumption that the disclosing company...more

Building on Pilot Program, DOJ Announces New FCPA Corporate Enforcement Policy

by Morrison & Foerster LLP on

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced a new “FCPA Corporate Enforcement Policy” (“Policy”) that extends and revises the FCPA Pilot Program. In his announcement, DAG Rosenstein explained that...more

Charting the Growth of Human Rights and Ethical Reporting in the EU

Increasingly, businesses across Europe must report on a wide range of ethical and related matters in addition to publishing their financial results. Requirements for businesses to undertake non-financial reporting have...more

Red Notice Newsletter - November 2017

ANTICORRUPTION DEVELOPMENTS – SBM Offshore N.V. Agrees to Pay $238 Million to Resolve DOJ FCPA Enforcement Action - On November 29, 2017, SBM Offshore N.V. (SBM), a Netherlands based company specializing in the...more

Top Ten International Anti-Corruption Developments for October 2017

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

U.S. Government Takes Steps Toward Implementation of Sanctions on Russia

by Jones Day on

The United States has taken significant steps toward fully implementing the sanctions imposed on Russia pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017, which codifies and strengthens certain...more

7 Key Takeaways: Bribery & The Boardroom

Kilpatrick Townsend Partner Joe Dowdy recently gave a presentation at the Charlotte Chapter of the Association of Corporate Counsel that addressed the enforcement of high-profile federal criminal laws rooted in bribery,...more

The Economic Costs of Corruption

by Thomas Fox on

In a truly extraordinary article in the New York Times (NYT), columnist Thomas L. Freidman opened the article on his interview with Crown Prince Mohammed bin Salman (MBS) with the following, “I never thought I’d live long...more

Anti-Bribery Compliance Meets Permits, Approvals and Licences in India

by Foley & Lardner LLP on

Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities. Originally published by IBA...more

Two Charged By UK SFO As Unaoil Bribery Investigation Deepens

by Shearman & Sterling LLP on

The UK Serious Fraud Office has charged two individuals in relation to the SFO's ongoing bribery investigation into Unaoil....more

Sapin II Law: The New French Anticorruption System| La Loi Sapin II: Le nouveau dispositif français anti-corruption

by Morgan Lewis on

The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes....more

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

Mistrial in bribery case against US Senator Robert Menendez highlights the challenges of proving bribery with circumstantial...

by Dentons on

The US Department of Justice's ongoing efforts to expand the reach of federal corruption statutes is in jeopardy after last week's failure to convict US Senator Robert Menendez (D-NJ). U.S. v. Menendez et al, No. 15-cr-00155,...more

Third Party Risk Management: Require ISO 37001 Certification from Your Third Parties

by Michael Volkov on

A lot of the focus on ISO 37001 so far has been on its value for companies considering certification as evidence of the quality of their own compliance program. With the SEC and DOJ both providing ample guidance to companies...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

SEC Enforcement: Another Look At Last Fiscal Year

by Dorsey & Whitney LLP on

The SEC published its statistics for the last fiscal year in a glossy report centered on a discussion of the new retail/cyber focus of the Enforcement Division. Statistics are not the sole measure of success the agency...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

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