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Anti-Corruption

Introduction

October 2018 marks Latin Lawyer’s sixth annual Anti-Corruption and Investigations Conference, organised jointly with Global Investigations Review. Latin America again experienced. Read more…

Select jurisdiction(s)

Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

Select question(s)

Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

    Laws

  • 1.

    What laws or regulations in your jurisdiction prohibit the offering, payment or receipt of bribes by: domestic government officials; foreign government officials; or other individuals, such as commercial counterparties?

  • 2.

    To what extent, and under what circumstances, do the anti-corruption laws in your jurisdiction apply to corporate entities, whether based principally in your jurisdiction or elsewhere?

  • 3.

    To what extent, and under what circumstances, do the anti-corruption laws in your jurisdiction apply to individuals, whether resident in your jurisdiction or elsewhere?

  • 4.

    How do the anti-corruption laws in your jurisdiction define foreign government officials?

  • 5.

    What level of knowledge or intent is required to prove a violation of the anti-corruption laws in your jurisdiction?

  • 6.

    Do the anti-corruption laws in your jurisdiction prohibit facilitating payments? (That is, small payments to expedite or to secure the performance of a routine government action to which a company is entitled, such as obtaining permits, processing visas, utility services, customs clearance, police protection.)

  • 7.

    What affirmative defences are available with respect to the anti-corruption laws in your jurisdiction?

  • 8.

    What are the maximum potential fines or other penalties for violating the anti-corruption laws in your jurisdiction?

  • 9.

    Is there any pending legislation related to anti-corruption in your jurisdiction?

  • Enforcement

  • 10.

    Are corporate entities and individuals that violate the anti-corruption laws in your jurisdiction subject to criminal, administrative or civil liability, or a combination thereof?

  • 11.

    Which prosecutors or other government agencies may bring enforcement actions under your jurisdiction’s anti-corruption laws?

  • 12.

    Have any multinational corporations or their domestic subsidiaries been subject to enforcement actions in your jurisdiction for domestic or foreign bribery violations?

  • 13.

    Have the employees of any multinational corporations or their domestic subsidiaries been subject to enforcement actions by the authorities in your jurisdiction for domestic or foreign bribery violations?

  • 14.

    Have resolutions of anti-corruption enforcement actions with corporate entities resulted in settlements, such as deferred prosecution or non-prosecution agreements or leniency agreements?

  • 15.

    In recent years, have there been trials or other proceedings in which an individual or corporate entity has contested alleged violations of anti-corruption laws in your jurisdiction?

  • 16.

    To what extent do the enforcement authorities provide incentives for companies to self-report known or suspected violations?

  • 17.

    To what extent do the enforcement authorities take into account a company’s level of cooperation with the government’s investigation or the strength of its compliance programme when considering whether to bring enforcement actions or when assessing penalties?

  • 18.

    To what extent and under what circumstances do the enforcement authorities provide incentives for whistle-blowers to report known or suspected anti-corruption violations?

  • 19.

    What has been the most significant fine or monetary penalty to date under the anti-corruption laws of your jurisdiction? 

  • 20.

    Do the enforcement authorities use any other statutes to prosecute conduct related to bribery and corruption?

  • International cooperation

  • 21.

    Have the enforcement authorities issued general guidance regarding compliance with and enforcement of the anti-corruption laws?

  • 22.

    To what extent do authorities in your jurisdiction cooperate with foreign authorities in enforcing applicable anti-corruption laws?

  • 23.

    Is there a formal understanding with authorities in other jurisdictions to share information and provide reciprocal assistance in enforcement matters?

  • Investigations

  • 24.

    Has the sharing of information with foreign authorities contributed to any enforcement actions in your jurisdiction?

  • 25.

    To what extent do the enforcement authorities consider principles of international double jeopardy in deciding whether to charge an individual or corporate entity with a local anti-corruption violation based on conduct underlying a foreign anti-corruption conviction?

  • Risk areas

  • 26.

    To what extent and under what circumstances do the applicable laws in your jurisdiction allow for extradition of your country’s nationals or foreign nationals charged or convicted of wrongdoing under anti-corruption laws in other jurisdictions?

  • 27.

    Must publicly traded companies in your jurisdiction disclose pending investigations in their regulatory filings, or is such disclosure typical, even if not required?

  • Compliance best practices

  • 28.

    Have any companies publicly disclosed investigations relating to bribery or corruption issues within the past five years?

  • 29.

    Which industries or business sectors in your jurisdiction are most vulnerable to public corruption?

  • 30.

    Is it common in your jurisdiction for companies to engage third parties to assist in interacting with government officials, whether in connection with sales and marketing or with obtaining permits, licences or other government approval?

  • Other

  • 31.

    Is it common for companies in your jurisdiction to have an internal hotline or other mechanisms by which anonymous reports or other compliance questions or concerns may be raised?

  • 32.

    Is it common practice for companies in your jurisdiction to conduct anti-corruption due diligence before engaging third parties, such as agents, consultants and distributors?

  • 33.

    Is it common practice for companies in your jurisdiction to conduct anti-corruption due diligence in the course of mergers, acquisitions or joint ventures? 

  • 34.

    Have shareholders of publicly traded companies in your jurisdiction initiated civil actions related to any company’s violation of anti-corruption laws?

  • 35.

    In the past three years, what do you view as the most notable legislative, regulatory or enforcement developments with respect to the anti-corruption landscape in your jurisdiction?

  • 36.

    Describe any other significant challenges (eg, legal or cultural issues) that impact anti-corruption compliance, due diligence or internal investigations in your jurisdiction.