FCPAméricas Blog
Will Peru Join the OECD Anti-Bribery Convention?
10.18.2013
On September 19th and 20th, 2013, the Peruvian government organized a conference in Lima to discuss with the local business community the advantages to becoming a party to the OECD Anti-Bribery Convention and the steps that have already been taken and that still need to be taken by Peru for this to happen. This post summarizes the steps taken and pending.
In March 2009, Peru filed a request before the OECD expressing its interest in becoming a party to the Anti-Bribery Convention. In May 2011, Peru presented its “pre-access” questionnaire to the convention and in September 2011 the country was form... Read more
How Latin American Countries Define “Public Official”
10.17.2013
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 entity for which an individual works is state owned or controlled. If the entity is a state “instrumentality,” then its officials will be considered “foreign public officials,” and certain types of payments to them will be prohibited under the FCPA.
The meaning of the term “instrumentality” under the FCPA has been hotly contested in the... Read more
FCPA Contract Provisions for Latin American Third Parties: The obligation to actively report certain information
10.11.2013
Recent FCPA enforcement actions have required companies to include compliance clauses in agreements entered into with third parties. This includes, among other things, representations related to compliance with anti-corruption laws, rights to conduct audits, and rights to terminate the agreement for any breach of anti-corruption laws and representations.
A previous post discussed the difficulties faced by companies trying to enforce their audit rights in Latin America and practical steps to mitigate these risks. This post highlights examples... Read more
