FCPAméricas Blog

Archive for State-Owned Enterprises category:

Opportunities and FCPA Risks in Mexico’s Changing Energy Sector

In December 2013, Mexico enacted constitutional amendments lifting restrictions on participation in its hydrocarbons and electrical energy sectors. These reforms end longstanding government monopolies held by Pemex, the state oil company, and the Federal Electricity Commission, which will now compete against private generators to supply public energy demands. This “epoch” change opens both sectors to […]

Author: Matthew Fowler

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Fraud at Oceanografía: Implications for FCPA and AML Risks in Mexico

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 […]

Author: Matthew Fowler

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How Latin American Countries Define “Public Official”

Under the FCPA, the meaning of “public official” is important to determining whether or not a specific payment is prohibited. This is because the anti-bribery provisions of the FCPA only apply to public bribery, that is, bribes paid to public officials of non-U.S. countries. The analysis is often linked to a determination of whether an […]

Author: Matteson Ellis

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How State-Owned Enterprises Are Just Like You

Usually when FCPA lawyers talk about state-owned or controlled enterprises (SOEs), like many state power utilities, public hospitals, or national oil companies, they discuss them in the context of whether or not they constitute government instrumentalities for purposes of improper payments. In fact, SOEs can present much more complicated issues than this. In some ways, […]

Author: Matteson Ellis

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How the U.S. Government Criminally Charges a Latin American Public Official

Last November, then Assistant Attorney General for the Criminal Division of the U.S. Department of Justice (DOJ), Lanny Breuer, told an audience at an FCPA conference: “If you are a foreign official, corrupt, and living in the United States, the U.S. Government will prosecute you.” This month the DOJ made public its criminal charges against […]

Author: Matteson Ellis

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