FCPAméricas Blog

The OECD Anti-Bribery Convention’s Phase 4 Evaluation: A Proposed Step Forward?

Author: Guest Author

OECD2The following guest post is from Tatiana Petry, a Financial Control Analyst for the Office of the Comptroller General of Brazil. Ms. Petry received her master degree from Georgetown University’s Law Center. The opinions expressed in this post are those of the author in her individual capacity and do not represent the views of the Office of the Comptroller General of Brazil.

How can the Working Group on Bribery (WGB) move the OECD Convention evaluation process forward? As discussed here, the Phase 1 evaluation analyzed local legislation conformity with the Convention. Phase 2 assessed the structures in place to enforce these laws and the ways in which they hey have been applied. And Phase 3 focused on enforcement of the Convention, looking for results, as well as progress made by States Parties with respect to weaknesses identified in the prev...Read more

Brazil’s New Anti-Money Laundering Law, Two Years Later

Author: Guest Author

AMLBrazil2The following guest post is from Davi Tangerino and Filipe Batich. They are, respectively, partner and associate in the Corporate Criminal Law group of Trench, Rossi e Watanabe Advogados in São Paulo, Brazil.

Brazil’s anti-money laundering (AML) legislation was amended in July 2012, incorporating significant changes from the former law (see an earlier post about these changes here). This post highlights some of the main developments in the AML arena since then to gauge, as Brazilians often say, if “the new law has caught on” (has it become fully observed and enforced).

According to the statistics from COAF – Brazil’s Financial Intelligence Unit...Read more

Leniency Agreements under Brazil’s Anti-Bribery Law: Saving this mechanism from death on arrival

Author: Guest Author

Brazil LeniencyToday`s guest post is from Luis Carlos Torres and Andrea Vainer, partners at the law firm Torres | Falavigna Advogados in São Paulo, Brazil

Law 12.846/13, also known as the Brazilian Anti-Bribery Law, was widely heralded by the government as a milestone in the fight against corruption in Brazil. Among its many peculiarities, one in particular motivated this article: the leniency agreement.

The law provides that the highest authority of each public agency or entity may enter into leniency agreements with legal entities responsible for potential violations of the law, provided that this agreement results in identification of the others involved in the violation and in the swift obtaining of information and documents.

In order for such agreements to be executed, the legal entity is required to admit its participation in the illegal activity and to fully and permanently cooperate with the in...Read more