A session report for the Anti-Corruption webinar ‘EU Whistleblower Directive: status of its implementation and related issues.
Released on Feb 8, 2024
This report primarily highlights the immediate and very concerning threats that fake content industry with AI technology, as well as political and social upheavals, poses to journalism around the globe.
Released on Aug 22, 2023
A report on a session from the 19th Annual IBA Anti-Corruption Conference, held 13–14 June in Paris, France.
Released on Aug 22, 2023
On 9 March 2023, The Council of Ministers approved Legislative Decree 24/2023, which transposes the European Union Directive on the ‘Protection of individuals who report violations of EU regulations’ into Italian law.
Released on Aug 22, 2023
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
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
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
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
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
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
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
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
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
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
‘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
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
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
Released on Sep 13, 2022
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
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
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
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
This article analyses possible implications of changes to the US Department of Justice’s enforcement policy for Indian companies.
Released on Apr 25, 2022
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
Editor's Note Anti-Corruption Committee
Released on Nov 10, 2021
Released on Nov 1, 2021
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
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
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
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