FCPAméricas Blog
Impact of the FCPA and UK Bribery Act in Latin America: Perspectives from Venezuela and Chile
4.25.2014
The impact of the Foreign Corrupt Practices Act and the UK Bribery Act on business in those countries can be measured in different ways: the total fines imposed, the number of compliance officers hired, and the existence of this blog and others like it. But what do these two laws – which criminalize bribes paid to foreign officials – look like from the perspective of foreign countries?
I asked prominent private counsel in five Latin American countries several questions around this theme, and got some interesting answers. All of the lawyers said that the FCPA and the UKBA have had an impact in their countries, but the impacts they des... Read more
Opportunities and FCPA Risks in Mexico’s Changing Energy Sector
4.22.2014
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 private and foreign companies, presenting them with tremendous opportunities … as well as significant FCPA and related risks. This post identifies sever... Read more
The Ten Most Important FCPA Internal Controls (Part 2: Other Processes)
4.18.2014
Certain company processes might not constitute traditional notions of “internal controls,” but FCPA enforcement officials have taken the position that a wide range of activities is covered by the term.
For example, in Orthofix, the SEC found that the company failed to maintain adequate internal controls when the company’s FCPA compliance policy and FCPA-related training in Mexico were provided only in English and not in Spanish. In Eli Lilly... Read more
