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Weekly Industry News – Anti-Corruption / FCPA & International Trade

October 29th, 2014
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences |

Giving a bribe into a pocket

Anti-Corruption/ FCPA and International Trade –  China’s anti-corruption drive, how Layne Christensen Cut its Expected FCPA Penalty, and more.

 

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Weekly Industry News – Anti-Corruption / FCPA & International Trade

October 22nd, 2014
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences |

Giving a bribe into a pocket

Anti-Corruption/ FCPA and International Trade – US Facing Sanctions after defying WTO trade rules, Anti-corruption in India, 8 Montreal homes raided by Anti-corruption police and more.

(more…)

Post Polling Results from ACI’s 30th International FCPA Conference

October 9th, 2014
in Anti-Corruption / FCPA, Legal Conferences, Surveys and Polls |

With over 500+ attendees ACI’s International Conference on the FCPA is the leading Anti-Corruption/ FCPA event in the industry. On the 30th installment  ACI innovated with live audience polling which resulted in valuable insights. Below you will find the complete results.

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Weekly Industry News – Anti-Corruption / FCPA & International Trade

October 8th, 2014
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences |

Giving a bribe into a pocket

Anti-Corruption/ FCPA and International Trade – Gov. Cuomo’s new announcement, Corruption risk is huge but technology deployment is still sparse, Supreme court denies FCPA instrumentality challenge and more…

(more…)

September Conference Materials are Now Available!

October 2nd, 2014
in Anti-Corruption / FCPA, Employment & Benefits, Financial Services, Insurance & Reinsurance, Legal Conferences, Pharmaceuticals / Biotech / Life Sciences |

extSeptember was a productive month for ACI’s conference attendees. At our events, decision makers had the chance to acquire top notch industry information; ranging from the latest trends, developments, hottest litigation cases to key insights from leading experts and more. You now have the opportunity to remain ahead of the curve too by accessing conference materials. September materials are now available in digital format and can be reviewed according to your own schedule. (more…)

Weekly Industry News – Anti-Corruption / FCPA & International Trade

October 1st, 2014
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences |

Giving a bribe into a pocket

Anti-Corruption/ FCPA and International Trade –  SEC ends dialogic probe, US to develop a national action plan, date is set for Xi’s rule of law and more.

(more…)

China Fines GlaxoSmithKline Nearly $500 Million in Bribery Case

September 19th, 2014
in Anti-Corruption / FCPA, China & Singapore, Legal Conferences |

By  Keith Bradsher and Chris Buckley, Published on The New York Times on September 19th, 2014

HONG KONG — China, a country that has enticed the world’s multinationals to invest billions of dollars over the past decade with the prospect (more…)

Weekly Industry News – Anti-Corruption / FCPA & International Trade

September 17th, 2014
in Anti-Corruption / FCPA, International Trade & Defense, Legal Conferences |

Giving a bribe into a pocket

Anti-Corruption/ FCPA and International Trade – China’s anti-corruption drive, Napthine Government’s decision and more.

(more…)

Anti-Corruption Compliance Risk in Argentina

September 17th, 2014
in Anti-Corruption / FCPA, Expert Guest Blog Entries, Legal Conferences |

Expert article by Pedro Serrano Espelta and Gustavo Luis Morales Oliver. Originally published on marval.com.ar in June 2013. Republished with the permission of Pedro Serrano Espelta.

Brazil enacted Law No. 12,489 which sanctions acts of corporate corruption occurring abroad. This new law follows the trend of the US FCPA, the UK Bribery Act, and other foreign regulations. Therefore, companies doing business in Argentina and having specific connections with certain foreign jurisdictions may be exposed to sanctions under broad local and foreign anti-corruption regulation. Such risk should be addressed by strong compliance programs.

Corporate / M&A

Last August Brazil enacted Law No. 12,846, a new anti-corruption regulation that includes sanctions –among others– to corrupt corporate acts occurring abroad, following the trend of the US FCPA, the UK Bribery Act, and other foreign regulations. This new Brazilian law, which will enter in force in January 28, 2014 and has not yet been regulated by the Executive Branch, sets forth strict liability for companies breaching its provisions. Companies doing business in Argentina and having specific connections, for instance, with Brazil, the US or the UK may be exposed to sanctions under such foreign anti-corruption regulation. Additionally, corrupt acts taking place in Argentina will be subject to Argentine anti-corruption regulation including international conventions. Recent anti-corruption violations in Argentina, for instance, generated fines abroad for Ralph Lauren in excess of US$ 1.5 million. Other companies have suffered higher and lower fines but in all cases the existence of an appropriate compliance program has been most relevant in the final calculations of the fines. This is why companies that are subject to investigation or that have already been sanctioned strongly embed their compliance programs in their daily business operations. Indeed, the new Brazilian law specifically sets forth that the existence of a compliance program will be considered when imposing sanctions. Considering that increasing government intervention forces companies to deal with public officials in every step of their businesses, internal anti-corruption compliance programs are the most effective tool for appropriately addressing compliance risks in Argentina, both under local and foreign anti-corruption regulation. According to applicable regulation, guidelines and precedents, such programs need to meet the international standards and be appropriately adjusted to the Argentine legal and cultural environment (a classic mistake is failure to make such adjustment), involving the appropriate drafting of Compliance Codes, the design and implementation of policies that pre-establish how to proceed in every relevant case, training to employees and, in some cases, training and due diligence of third party contractors.

 

Pedro will speak at ACI’s Inaugural Miami Anti-Corruption Boot Camp, October 15-16, 2014:

What’s Happening in the LATAM Region? Detecting Recent Corruption Schemes in Brazil, Venezuela, Colombia, Argentina, and Mexico

To learn more about the event click on the image below:

Anti-Corruption Boot CampAnti-Corruption Boot Camp Miami

View all upcoming Anti-Corruption/FCPA events around the world, click here.

Argentine Authorities React to a New FCPA Case

September 12th, 2014
in Anti-Corruption / FCPA, Legal Conferences, Litigation, Regulatory & Compliance |

Expert article by Pedro Serrano Espelta and Gustavo Luis Morales Oliver. Originally published on marval.com.ar in June 2013. Republished with the permission of Pedro Serrano Espelta.

The suspension of the tax ID number is a new element in anti-corruption cases in Argentina and by itself could send a company out of business since a company would be incapable of issuing invoices and making filings with the tax authorities. (more…)

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