Corruption is like a bus. You can stay inside the bus and be part of it. You can sit beside the bus, close your eyes, ignore that corruption exists, and not say anything. Or you can stand in front of the bus. But, in a place like Brazil…
Companies that rely on the specified conflict minerals of gold, tin, tungsten and tantalum are encouraged to immediately put measures in place to identify the original source of these materials.
It remains a challenge for corporations to balance the ethical demands of regulators with the pursuit of profit. Sustainable growth can be achieved but it requires determination over several years rather than focusing simply on short-term profits and personal remuneration.
The OECD recently released its Phase 3 Report on Implementing the OECD Anti-Bribery Convention in the United Kingdom. Mike Koehler provides a brief overview of certain issues in the report.
In January 2012 Matteson Ellis reported on how Brazil is currently considering an overhaul of its foreign bribery law. In March, he reported that a special committee was created by the Brazilian Congress to analyze the bill made revisions to the draft that bolstered certain provisions. Reports now indicate that Brazilian businesses have begun a significant lobbying effort to weaken the bill.
In this article Thomas Fox visits the text of the FCPA and other Department of Justice (DOJ) commentary, some enforcement actions, one open investigation involving alleged facilitation payments and offer some guidance to the compliance practitioner on what may or may not constitute a facilitation payment under the FCPA.
Countries signing on to the United Nation Convention Against Corruption (UNCAC) are required to enact laws to criminalize bribery of foreign public officials. All of the Asia Pacific countries (except North Korea) have signed the UNCAC, and yet, only a small minority of them have enacted a specific criminal offense covering bribery of foreign public [...]
In an article published in the Houston Business Journal entitled “Eight Steps to a More Effective Anticorruption Compliance Function,” Chris Lozier, principal at UHY Advisors in Houston and manager of the FCPA – Foreign Corrupt Practices Act – Anti-Corruption Compliance Group on LinkedIn, wrote about the gaps that companies are finding in their compliance programs. To help remedy these gaps, Lozier discussed eight key steps he believes that companies can take immediately to establish a more effective anti-corruption compliance program. Thomas Fox provides a quick rundown of the steps.
In a recent article entitled “Bribery and Corruption Compliance: the Playing Field Levels,” Timothy Coleman and Paul Lomas, attorneys from the law firm of Freshfields Bruckhaus Deringer, discuss what they term the “tectonic shift” in anti-bribery and anti-corruption compliance internationally. The authors posit that several factors have all acted to place “new burdens” on companies to have the highest standard of anti-bribery corruption programs in place. They then propose 10 essential elements of an anti-bribery and anti-corruption compliance program.
2010 was a very busy year for lawmakers. We saw some of the most sweeping laws come in to place, governing the way businesses conduct themselves. Lindsay Walker provides a look at some of the most hard-hitting legal developments from the past year.