Under the FCPA, companies can be punished not only for the wrongful things they do, like paying bribes. They can also be punished for certain things they don’t do. In particular, the FCPA’s accounting provisions require companies to have internal controls in place. When companies do not have certain protections like appropriate accounting systems and anti-corruption policies, procedures, and processes, they risk violating the law.
Specifically, the FCPA’s accounting provisions require issuers (both U.S. and non-U.S. companies that are publicly traded in the United States) to establish and maintain a system of internal controls sufficient to assure that (i) transactions are executed in accordance with management’s authorization; (ii) access to assets is permitted only with the proper authorization; and (iii) the accounting records reflect the existing assets. FCPAméricas overviews...Read more
The FCPAméricas Blog is a go-to resource for anti-corruption professionals throughout the hemisphere. It provides commentary and analysis from experienced practitioners on anti-corruption developments in Latin America. The blog focuses primarily on compliance and enforcement issues related to the U.S. Foreign Corrupt Practices Act (FCPA), and is the only FCPA resource that provides regular content in English, Spanish, and Portuguese.
The Blog Manager position is a unique opportunity for a student, young lawyer, or compliance professional looking to make contacts, burnish FCPA credentials, contribute posts on a respected platform, and generally gain exposure to anti-corruption topics. The ideal candidate will have excellent written English, and a strong interest in anti-corruption is...Read more
Concerns about corruption risks in Mexico’s oil and gas sector were underscored on February 28, when the Mexican government seized control of Oceanografía, a Mexican engineering and oil platform services company. The events leading up to this seizure, which include fraud, corruption and money laundering concerns, are particularly relevant given Mexico’s recent efforts to facilitate private investment in the energy sector.
Mexico’s recent reforms effectively ended Pemex’s longstanding monopoly over the oil and gas sector. The newly opened markets are expected to attract significant foreign investment and generate substantial revenue for the government of Mexico. But the collapse of Oceanografía – which has already triggered fallout on both sides of the Rio Grande – suggests that participants eyeing new energy opportunities in Mexico should be mindful of corruption and related risks.
The Oceanografía Implosion
Oceanografía is closely t...Read more