One of the threshold questions for a company considering the engagement of a government official is whether the engagement is needed for legitimate purposes. If the company cannot articulate an adequate and appropriate business justification, there is a risk that the engagement may be sought or undertaken for a corrupt purpose.… Continue Reading
All posts by Keith Korenchuk, Samuel Witten and Arthur Luk
Companies operating in emerging markets sometimes retain qualified government officials to provide services such as consulting or speaking. In some circumstances, particularly in developing markets, these services are necessary and can serve a company’s legitimate business needs.… Continue Reading
Last month Amsterdam-based VimpelCom Limited and its wholly owned Uzbek subsidiary, Unitel LLC, paid U.S. penalties of $397.6 million to resolve FCPA offenses.
In its enforcement action, the SEC said that at least $114 million in bribe payments were funneled through an entity affiliated with an Uzbek official, and approximately a half-million dollars in bribes were disguised as charitable donations made to charities directly affiliated with the Uzbek official. … Continue Reading
While clear policies on charitable contributions are important, the controls implementing these policies are equally critical to an effective compliance program.
Which type or types of controls are used in emerging markets is a function of the local level of corruption risk, the nature of the company’s intended contribution, the nature of the company’s business, and the size and complexity of its business.… Continue Reading
Many individuals, non-profits, and corporations actively support charitable causes around the world. The need to support worthwhile charitable projects in many developing markets is particularly acute due to local needs, the lack of government funding, and the lack of an adequately developed infrastructure.… Continue Reading
In the e-book we wrote as a guide to navigating corruption challenges in emerging markets, we talk in one chapter about guarding against anti-corruption problems in connection with philanthropic and grant-giving activities.… Continue Reading
As practitioners and compliance officers know, there is no one-size-fits-all compliance program that a company can simply adopt or pull off the shelf. … Continue Reading