FCPAméricas Blog
Anti-Corruption Compliance Programs for SMEs: What Brazil Has to Say
9.22.2015
Anti-corruption compliance programs are good for companies for several reasons. Among other things, they help prevent, detect and remediate wrongdoing; protect shareholders; add value to the image of the company; and can be an important mitigating factors in many countries when authorities determine which sanctions they will apply (if any) and the level of the sanction. More recently, they are becoming a competitive advantage for obtaining work (some companies are now only contracting with third parties, even small ones, that have compliance programs in place). They are also an advantage for attracting investment (in Brazil, under the Brazilian Clean Companies Act, parent, controlled or affiliated companies and consortium members can be jointly liable for illegal acts; as a result, compliance programs have become an important tool for investors ... Read more
Guatemala’s Turn against Corruption… with help from the CICIG
9.11.2015
The is a guest post from Juan Carlos Tristan, an attorney at BLP Legal in Costa Rica.
Guatemala has been known for its history of oppression, extreme violence, and most recently political corruption.
Now, the Guatemalan people are reacting. The society has been indirectly motivated by the “International Commission Against Impunity in Guatemala” (“CICIG”) and is protesting against corruption, with notable results, as described in this post. The uncovering of certain sensitive corruption scandals over the last months has provoked a succession of extensive public protests and strikes in Guatemala.
Guatemala has not been involved in any significant FCPA enforcement actions so far (except for one plea agreement pursuant to the Shot Show cases); b... Read more
Localizing Compliance Programs in Latin America
8.30.2015
The compliance programs for Latin American subsidiaries of foreign companies often consist of translated versions of the program used at headquarters, without any (or just minor) adaptations. Oftentimes, this practice has the potential to negatively impact the ability of the program to operate at optimum levels and can lead to problems.
Here are five practical steps that companies can take to maximize the efficiency of their compliance programs in Latin America.
Address local risks. Companies doing business in Latin America should take a risk-based approach and pay particular attention to certain areas that are often problematic. The following three areas (which by no means are exhaustive, and may vary from country to country) have traditionally been the sources of compliance issues throughout the region:Read more
