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Anti-Corruption Committee sessions at the IBA Annual Conference, Miami, 30 October to 4 November 2022

This report outlines some of the topics discussed by panellists at sessions organised by the Anti-Corruption Committee at the IBA Annual Conference, Miami, 2022.

Released on Jan 13, 2023

Fighting corruption in Brazil: Federal Decree No 11,129 of 11 July 2022, regulating anti-corruption law

The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.

Released on Jan 3, 2023

Overview of the AFA’s survey regarding French companies’ anti-corruption systems

Law No 2016-1691 of 9 December 2016 on transparency, the fight against corruption and modernisation of economic life (Sapin II Law) requires certain companies to take measures to prevent and detect acts of corruption or influence peddling.

Released on Jan 3, 2023

Officers’ liability under the FCPA and UKBA: risks to Indian operations

Directors and officers are at risk of personal liability under the US Foreign Corrupt Practices Act and UK Bribery Act arising out of bribery-related misconduct in overseas corporate operations. These risks are heightened when it comes to operations in bureaucratic and corruption-prone countries. This article considers enforcement hot spots in India as well as potential precautionary measures to mitigate risks.

Released on Jan 3, 2023

Conducting internal investigation interviews in Latin America: dos and don’ts

This article analyses the challenges which might be faced when conducting interviews in the context of internal investigations in Latin American countries. It also provides an insight into some of the best practices to adopt when conducting such interviews

Released on Jan 3, 2023

Itaewon, Sewol and the promise of ‘never again’: compliance, speaking up and complex remediation in the realm of public safety*

In the anti-corruption compliance field, when we conduct internal investigations and subsequent root cause analyses, we seek to identify each critical point of failure that led to the undesired or improper conduct. This article considers the Itaewon disaster and subsequent responses from this perspective.

Released on Jan 3, 2023

Closing the loophole on virtual assets: international challenges and impacts on Brazil

The regulation of virtual assets, which seemed unchartered territory only a few years ago, is increasingly gaining the attention of government authorities. In this regard, many governments worldwide have recently decided to strengthen their supervision and regulation of such assets – especially in view of growing concerns relating to investor and market security.

Released on Jan 3, 2023

The Second Monaco Memo and its implications for Indian companies

This article analyses the latest revisions to the Monaco Memo and their possible implications for Indian companies and offers guidance on how to navigate the changes.

Released on Jan 3, 2023

Limits to compliance officers’ criminal liability in Brazil: the role of compliance in the society of risk

Modern society is a society of risk. This phenomenon was first described by Ulrich Beck as being a consequence of the modern society. According to Beck, risk is omnipresent because society is increasingly occupied with debating, preventing, and managing risks that it has itself produced. One of the consequences of the risk society phenomenon is the development of new criminal doctrines which seek to maximise prevention in the face of new criminal threats (‘criminal law for risks’).

Released on Sep 14, 2022

Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption

Arbitrators are regularly confronted with corruption issues either because corruption has been alleged by one of the parties or because certain facts lead to a suspicion of corruption. This article aims to understand the role of arbitrators in the global fight against corruption including whether they have jurisdiction to decide on those issues and whether they can investigate those matters sua sponte.

Released on Sep 14, 2022

Q: ‘Did you conduct an internal investigation at the time?’ A: ‘By virtue of which text?’

‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.

Released on Sep 14, 2022

Brazilian government sales: how to address risks in integrity programmes

The government or public sector, is one of the most important clients, if not the major client for a significant number of companies doing business in Brazil. This means that companies are constantly exposed to the intricacies of government sales and to its risks.

Released on Sep 14, 2022

Dos and don’ts when conducting cross-border internal investigations in Latin America

This article analyses key challenges which could be faced when conducting a cross-border internal investigations involving Latin American jurisdictions. It also provides insight into some of the best practices to adopt when organising and launching such an investigation.

Released on Sep 14, 2022

Disappearing messages: updating best practices

Released on Sep 13, 2022

Bridging the UNCAC gap: India’s need for legislation banning the bribery of foreign public officials

Following its ratification of the United Nations Convention against Corruption, India’s parliament has sought to implement various legislative reforms to fulfil its obligations under the Convention. While several attempts have been made to introduce legislation banning the bribery of foreign public officials, none have so far been successful. This article conducts an analysis of India’s latest attempt at promulgating such a law through the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2019.

Released on Sep 13, 2022

Comments on Brazil’s new foreign exchange law

Brazil’s new Foreign Exchange Law comes into effect during 2022. It will promote broad changes in Brazil’s capital market and represents a milestone for the nation’s business environment, as it should facilitate operations in the financial and economic market and increase the circulation of BRL (Brazilian Reais) in the foreign exchange market.

Released on Apr 28, 2022

Whistleblowers: yet another reform in the pipeline

The objective of the deputies backing bill No 4398, approved by the Senate on 16 February 2022, was ‘to strengthen the protection of whistleblowers’. The authors of this article fear that it will give rise to difficulties of interpretation by labour or criminal courts, which would have the jurisdiction to rule on the merits of a whistleblower’s warning.

Released on Apr 25, 2022

Mind your client: law firms must choose to be responsible gatekeepers

Putin’s invasion of Ukraine has prompted international legal service providers to shut down operations in Russia, marking a palpable shift in the sector. If law firms do not re-examine their ethical standards and the moral standing of their clients, regulators may do it for them.

Released on Apr 25, 2022

Changes in the US DoJ’s corporate enforcement policy: implications for Indian companies

This article analyses possible implications of changes to the US Department of Justice’s enforcement policy for Indian companies.

Released on Apr 25, 2022

French anti-corruption compliance monitoring: differences from US corporate monitorships and implications for multijurisdictional settlements

In December 2016, France adopted a wide-ranging new legal framework to tackle domestic and international corruption, the so-called Sapin II. This article compares the law to the US and international compliance landscape of independent compliance monitorships.

Released on Apr 25, 2022

The Anti-Corruption Committee's November 2021 Editor's note

Editor's Note Anti-Corruption Committee

Released on Nov 10, 2021

The New Public Procurement Law: public law disregarding legal personality and its effects

Released on Nov 1, 2021

Civil forfeiture – an effective mechanism or just a waste of time?

The return of illegally acquired assets is a quite complicated and long-lasting process within criminal proceedings and Ukraine is constantly looking for more effective methods. One of such mechanisms is the so-called ‘civil forfeiture’.

Released on Nov 1, 2021

Corruption through ‘other benefits’: differing applications and the need for a clarification in Italy

In Italy, we are witnessing an increasing number of convictions in cases where corruption did not involve money but what are defined as ‘other benefits’. Such ‘other benefits’ might include for example, travel, holidays, dining, gifts, or exclusive use of goods or property. There are often different applications of the concept of ‘other benefits’ which, in practice, includes every advantage, satisfaction, or means for satisfying an interest, even if not financially assessable, of the recipient of the benefit. From a preventive point of view, the extensiveness of the concept of ‘other benefits’ therefore implies the need, to pay a great deal of attention to a variety of situations or activities, as they were instrumental, or that they could be used as a bribe.

Released on Oct 29, 2021

Are you willing to be ISO 37001 certified?

The ISO 37001 standard for implementing an ‘Anti-Bribery Management System’ is increasing in popularity. As an internationally recognised tool for the prevention and detection of corruption, as well as the large disparity of applicable legislation in the fight against bribery, ISO 37001 provides a real solution for multinationals wanting to comply with the highest standards in the countries where they operate. It is, without doubt, a guarantee of ethics, which explains why an increasing number of companies choose to be certified by this standard. Nevertheless, although ISO 37001 certification is a commitment, it does not constitute ‘a blank cheque’ when it comes to dealing with administrative and legal authorities.

Released on Oct 29, 2021

Disclosure of an Indian issuer’s potential FCPA violations: the implications for other Indian companies

Dr Reddy’s Laboratories Ltd (Dr Reddy’s), a large Indian pharmaceutical company, has American Depositary Receipts (ADRs) listed on the New York Stock Exchange and is an ‘issuer’ under the Foreign Corrupt Practices Act, 1977 (FCPA). In November 2020, Dr Reddy’s made a filing before the US Securities and Exchange Commission (SEC) stating that it had begun an investigation into an anonymous complaint alleging breaches of anti-corruption laws, specifically the FCPA.

Released on Oct 29, 2021

A future bill to improve France’s anti-corruption framework

Five years on from the enactment of the Sapin 2 law, the ambition of which is to ‘bring French legislation to best European and international standards and to contribute to a positive image of France in the world’ , an evaluation of its effectiveness was carried out by a commission led by two Members of Parliament (MPs) Raphaël Gauvain and Olivier Marleix. The commission published a report listing 50 recommendations for improving France’s anti-corruption endeavours. The two MPs then decided to convert this into a draft bill which will consider some of the recommendations listed in the report. This draft bill, which has not yet been published, is currently under government review before its submission to parliament which is expected to take place in November 2021. The main areas for improvement identified by the MPs, which should be the subject of the draft bill, are outlined in this article.

Released on Oct 29, 2021

The fight against corruption, economic sanctions and national security: the new enforcement triangle?

The Covid-19 pandemic provides the most recent illustration of the irreversible interdependence of the world economy. It also underscores the need for regulation of a scale sufficient to address the negative effects of this interdependence. In a globalised world that increasingly relies on a complicated web of producers throughout the supply chain, malign actors have found new ways to exploit the situation for illicit gain. Within this fluid context, one cannot fail to observe a new international approach to the fight against corruption aimed at both linking it to economic sanctions and anti-money laundering (AML) laws and elevating it to a national security issue. This year sees national governments and other international actors such as the EU rising to meet the challenge.

Released on Oct 29, 2021

Anti-corruption trends in Ukraine

The article provides an overview of the latest changes and law-enforcement practice in combating corruption in Ukraine.

Released on Oct 29, 2021

2021 First Semester and Future IBA Anti-Corruption Committee Events

A summary of IBA Anti-Corruption events so far.

Released on Aug 4, 2021