Compliance and Corruption Around the World: a Friday Reading List

Earlier today we took at look at China’s new Foreign Bribery Provision via analysis and commentary by lawyers and law firms on JD Supra. Here’s a Compliance Roundup covering the rest of the world:

Major FCPA Case in Jeopardy Because of Prosecutors’ Errors (Ifrah Law – Strategic Defense in Federal Investigations):

“In late June, U.S. District Court Judge Howard Matz of the Central District of California, the judge in the Foreign Corrupt Practices Act (FCPA) case against Lindsey Manufacturing Co. and two of its executives, invited both sides to submit briefs on the question of whether the defendants’ convictions should be dismissed. It had been revealed in post-verdict proceedings that the government violated a court order by failing to turn over portions of grand jury testimony from the FBI agent investigating the case.” Read more»

Reading a Crystal Ball: Guidance on Instrumentality under the FCPA (Thomas Fox):

“One the criticisms of the Foreign Corrupt Practices Act (FCPA) is that it provides little guidance as to what constitutes an instrumentality under the Act and attendant question of who is a foreign governmental official. One of the five points raised by the US Chamber of Commerce in its lobbying efforts to amend the FCPA is on this issue.” Read more»

Reading a Crystal Ball? Guidance on Instrumentality under the FCPA-Part II (Thomas Fox):

“In Part II, we will review these factors to see if there is any pattern which we can suggest to the compliance practitioner or indeed the US Chamber of Commerce, which desires to bring some ‘clarity’ to this question, all of which might help an understanding of when the FCPA applies to a transaction or business partner.” Read more»

U.S. Department of Justice Releases First FCPA Advisory Opinion of 2011 (Dechert LLP):

“In its first Foreign Corrupt Practices Act (“FCPA”) Advisory Opinion of 2011, the U.S. Department of Justice (“DOJ”) has addressed an issue of perennial concern for covered corporations and individuals — what is the scope of the FCPA’s “promotional expenses” exemption under the FCPA?” Read more»

Using HR to Change your Company’s Compliance DNA (Thomas Fox):

“In addition to supporting internal investigations, I believe that HR can be used in some of the following ways to assist the Compliance Department. It can be a key component in changing or maintaining your company’s compliance DNA.” Read more»

$9.5 Million Fine is First Significant Action Under Canada’s Foreign Corruption Law (John Boscariol):

“This represents the most significant development in Canada’s efforts to fight foreign bribery since the 1999 implementation of Canada’s Corruption of Foreign Public Officials Act (CFPOA) and signals a new era of enforcement of foreign anti-bribery rules in Canada.” Read more»

The FCPA Compliance Audit: a Market Approach to Moving the Bar Forward (Thomas Fox):

“I argue that if you have audit rights that you must, at least selectively use them. However, if you do not ever use these audit rights, it may put you in a worse position than if you did not have the rights. The next argument is usually along the lines that the counter-party will never allow your company to audit them. The third argument is that auditing takes too much time and is too costly.” Read more»

Pharmaceutical Products and The Bribery Act June 2011 (Stuart Miller):

“It is therefore welcome that the Association of the British Pharmaceutical Industry’s (ABPI) and the Prescription Medicines Code of Practice Authority (PMCPA) have agreed with the Serious Fraud Office (SFO) to develop a Memorandum of Understanding (MOU) providing clarification about the enforcement for breaches of the ABPI Code in cases where a breach of the Code is also a potential breach of the Act.” Read more»

Stranger than Fiction: Questions in the FCPA World (Thomas Fox):

“In the world of the Foreign Corrupt Practices Act (FCPA), some of the fact scenarios are so preposterous that if they were in a book, labeled as fiction, they would probably be placed on the Science Fiction shelf.” Read more»

Remote Control – Anti Corruption Laws Toughen Up for Businesses in China (Richard Kimber):

“The lesson for all companies conducting operations in China, especially if affiliates or subsidiaries of US or UK headquartered companies, is that detailed compliance programmes will need to be instituted. Regulatory compliance is here to stay.” Read more»

Will No One Rid Me of this Meddlesome Priest? (Thomas Fox):

“Any compliance program starts at the top and flows down throughout the company. The concept of appropriate tone at the top is in the US Sentencing Guidelines for organizations accused of violating the Foreign Corrupt Practices Act (FCPA); … the UK Bribery Act’s Six Principles of Adequate Procedures; and the OECD Good Practices.” Read more»


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