As previously reported, Russia recently amended its corporate bribery statute (Article 19.28 of the Code of Administrative Violations) to allow companies to avoid prosecution if they assist in the discovery or investigation of the offense or if they can prove that the bribe was extorted. … Continue Reading
On August 14, 2018, new amendments to the Russian Code on Administrative Offenses (Administrative Code) related to bribery by legal entities went into effect. The new provisions establish conditions exempting companies from liability for bribery if those companies assist authorities in uncovering and investigating misconduct.… Continue Reading
India’s anti-bribery and anti-corruption regime recently went through a massive change with the enactment of the 2018 Prevention of Corruption (Amendment) Act, 2018. What is the impact of the so-called Amendment Act and what measures should companies put in place to ensure compliance?… Continue Reading
Peru welcomed the new year by enacting into force Law 30424, which introduces corporate criminal liability applicable to bribery.
Peruvian law now recognizes the independent criminal liability of a legal person for local and foreign bribery, imposing sanctions ranging from fines, debarment from government contracting to dissolution of the legal entity.… Continue Reading
On December 1, the Argentine government enacted Law 27.401, which will enter into force in March 2018. We were deeply involved in the drafting and debate of the statute. In this post and the next one, we’ll summarize some of the key features of the new law.… Continue Reading
The OECD Working Group on Bribery has been setting global standards for fighting foreign bribery since the adoption of the Anti-Bribery Convention in 1997. Among these standards, the Convention requires Parties to establish systems of liability of legal persons and to provide that firms found guilty of foreign bribery are subject to “effective, proportionate and dissuasive” sanctions.… Continue Reading
Argentina’s National Congress will soon consider a bill that would finally enable prosecutors to bring criminal charges against corporations that engage in bribery and other corrupt acts.
Argentina’s legal system currently makes it impossible to punish businesses for corruption; only those individuals who actually break the law can be prosecuted.… Continue Reading
The Federal Financing Monitoring Service of the Russian Federation drafted a bill that would ratify the Council of Europe Warsaw Convention of 2005 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, which Russia signed in 2009.… Continue Reading
The lower house of Russia’s national legislature — the State Duma — has been considering draft amendments to the law on the criminal liability of a legal entity.
The main purpose of the amendments is compliance the Russian Criminal Code with international treaties (e.g.… Continue Reading
There is no criminal liability of a legal entity for bribery in Russia because only a person is subject to the Russian criminal law. But that’s not the end of the story.… Continue Reading
Effective independent non-executive directors are expected to provide high-quality, objective oversight and scrutiny of a listed company’s strategy and the performance of its executive management. By being removed from the immediate commercial pressures of executive management, they are an essential component for ensuring effective corporate governance and compliance.… Continue Reading
Some members of Congress are evidently concerned that corporate defendants are getting off the hook. Too many deferred- and non-prosecution agreements, and not enough criminal indictments.
So acting assistant AG Mythili Raman, who’s now heading the DOJ’s criminal division, testified Wednesday before the U.S.… Continue Reading