FCPAméricas Blog

Argentina Introduces Corporate Liability and Compliance Standards in New Anti-Corruption Law

Author: Matteson Ellis

Argentina new law

This article was originally published in Miller & Chevalier’s FCPA Winter Review 2018.

On December 1, 2017, Argentina introduced Law 27.401, amending certain corruption-related provisions already in the Criminal Code and establishing corporate criminal liability for certain corruption offenses, alongside broad vicarious liability provisions and significant potential penalties. The ne... Read more

Anti-Bribery in Brazil: 2017 Developments

Author: Carlos Ayres

basta_corrupção

Much has been happening in Brazil in the anti-bribery arena. Several developments have been noteworthy. This post highlights five that took place in 2017.

Guideline on Leniency Agreements. On August 24, 2017, the 5th Chamber of Federal Prosecutors, the body of the Brazilian Federal Prosecution Service dedicated to supporting integration and coordination in the fight against corruption and responsible for ratifying leniency agreements signed by federal prosecutors, issued guideline 07/2017 on leniency agreements for Brazilian Federal Prosecutors. The guidelines formalize in a written document certain... Read more

New Argentine Law on Corporate Liability and Compliance Programs for Certain Corruption Cases

Author: Guest Author

Macri3This guest post is from Gustavo Morales and Pedro Serrano, partners at the Marval, O’Farrell & Mairal, law firm in Argentina.

A new Argentine anti-corruption law was approved by Congress on November 8, 2017 and becomes enforceable 90 days after being promulgated by the President and published in the Official Gazette. Its five key aspects are described below.

Corporate Liability

The law makes legal entities criminally liable when the following crimes are committed, directly or indirectly, with their intervention or on their behalf, interest or benefit:

local or international bribery and influence peddling; negotiations that are incompatible with public office; illegal payments made to public officials under the a... Read more

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