FCPAméricas Blog
The OECD Anti-Bribery Convention’s Phase 4 Evaluation: Suggested Areas of Focus
7.11.2014
One of the central legal instruments governing modern anti-bribery efforts is the OECD Anti-Bribery Convention. The Convention, which entered into force in 1999, establishes legally binding standards to penalize bribery of foreign public officials in international business transactions and provides measures to make these commitments effective. Currently, the 34 OECD member countries and seven non-member countries – Argentina, Brazil, Bulgaria, Colombia, Latvia, Russia, and South Africa – have adopted the Convention (see ratification status here).
One of the key features of the OECD Anti-... Read more
New Data on World Bank Sanctions: The Office of Suspension and Debarment releases its first report
7.08.2014
The World Bank Sanctions program is still relatively new. Any updated data on how companies and individuals are being investigated and sanctioned for fraud, corruption, and collusion in Bank-financed projects is welcome news to practitioners.
To that end, the World Bank’s Office of Suspension and Debarment (OSD) just released its “Report on Functions, Data and Lessons Learned 2007-2013,” providing new insights into the process. A first of its kind, the report comes at the heels of other publicly available information shedding light on World Bank sanctions, like the Sanctions Board Law Digest... Read more
Factors to Consider Before Entering into Leniency Agreements in Brazil
7.02.2014
One of the most innovative features of Brazil’s new Anti-Bribery Law is the ability of authorities to enter into Leniency Agreements with companies. This is a new concept in Brazil’s anti-corruption arena. Companies that enter into leniency agreements with public authorities and satisfy their conditions will have their fines reduced by up to two thirds, and certain judicial and administrative sanctions exempted.
The decision on whether or not to enter into a leniency agreement will be contingent upon several factual and strategic considerations. Below are some issues that companies operating in Brazil should consider (they are not exhaustive):
No duty to self-disclose. It is important to re... Read more
