FCPAméricas Blog
Costa Rica Adopts the OECD Anti-Bribery Convention
6.07.2017
This a guest post from Juan Carlos Tristan, an attorney at BLP Legal in Costa Rica.
On May 10, 2017, the Costa Rican Congress approved the country’s adoption of the “Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions” (the “OECD Anti-Bribery Convention”).
This decision undoubtedly represents a significant... Read more
Important Aspects of Mexico’s National Anti-Corruption System – Part 2
3.30.2017
A prior post highlights five notable features of the new National Anti-Corruption System (SNA) in Mexico. This post discussed five more that could be particularly relevant to non-Mexican companies and individuals.
Individual Liability Bolstered. The SNA establishes the General Law of Administrative Liabilities and amends the Federal Criminal Code in ways that bolster individual liability for bribery and bribery-related offenses. Mexican and non-Mexican individuals will be liable for “serious administrative offenses,” such as bribery, collusion in public bid procedures, influence peddling, wrongful use of public resources, and wrongful recruitment of ex-public servants. The burden of proof for the administrative violation is relatively low – “beyond a reasonable doubt” – and the statute of limitations is long ... Read more
Important Aspects of Mexico’s National Anti-Corruption System – Part 1
3.27.2017
Adoption of the many components of Mexico’s new National Anti-Corruption System (the Sistema Nacional de Anti-Corrupción or “SNA”) is well underway. The Mexican Government amended the country’s Constitution on May 27, 2015, to allow for the SNA to move forward. President Peña Nieto signed into law new anti-corruption legislation on July 18, 2016, as part of the system. The Mexican Senate is now overseeing the selection process for the newly-established National Anti-Corruption Prosecutor. And the General Law of Administrative Liabilities, a key component of the SNA, will enter into force on July 19, 2017.
This post and the next highlight key aspects of the SNA that companies and individuals doing business in Mexico sho... Read more
