FCPAméricas Blog
M&A Transactions in Latin America: Practical tips for multinationals conducting anti-corruption due diligence (Part 1 – Local Resistance)
10.02.2013
With fast-growing economies, Latin American has seen an increasing number of M&A transactions. According to information published by the local press, in Brazil alone, 590 transactions were completed between January and September 2012, a record since 2002.
While M&A transactions are important tools for companies to expand their businesses, several FCPA enforcement actions in the recent past – as well as the FCPA Guidance – highlight the importance of conducting anti-corruption diligence in such transactions.
The M&A due diligence particularities in the region are so numerous and important that they deserve more than one blog post. Part 1 (below) highlights the resistance faced by companies conducting their anti-... Read more
Movement Towards International Anticorruption Standards?
9.27.2013
Is the time ripe for a common international anticorruption standard?
At a recent World Bank panel discussion regarding “Corruption and PPPs: Challenges and Solutions,” all four panelists – including leaders from the World Bank Group and major international companies – expressed support for such standards. Some proposed precedents that could serve as models. If there is traction for this idea, it could significantly impact the way companies address anticorruption issues. It might even reduce the incidences of corruption.
There has been convergence around international anticorruption laws issues for some time – the FCPA standard is mirrored by the OECD Convention. Th... Read more
How Aggressive Is Your FCPA Gifts and Hospitality Policy in Mexico?
9.24.2013
Gifts and hospitality present some of the thorniest issues for companies and business people subject to the FCPA and operating in Latin America. The FCPA does not prohibit providing gifts or hospitality to foreign officials. But the history of enforcement highlights that these practices are high risk and should be conducted with great care and attention to compliance best practices so that they do not constitute foreign bribery.
In this post, FCPAméricas looks at gifts and hospitality practices in Mexico in particular. In Mexico, business is often conducted in social settings, and developing personal relationships is key. Paying for lunch or tickets to a sporting event might be a basic expectation. At the same time, international companies are increasingly interacting with state-owne... Read more
