FCPAméricas Blog
The Most Important Features of the FCPA Guidance … for Latin America
12.14.2012
There are several reasons to read the recently published FCPA Guidance. FCPAméricas has described some of them, including its level of detail, hypothetical scenarios, and declinations. The current climate of enhanced enforcement is another obvious reason to do so. But some sections may be particularly interesting for Latin American audiences. Consider the following:
1. Context: The FCPA, including its history and the way it is enforced, is ... Read more
The Five Things I Love About the FCPA Guidance
12.11.2012
In the last few weeks, since the DOJ and SEC issued their FCPA Guidance, there has been much guidance written on the guidance. This new source covers much ground, and there is certainly a lot to say. Here are my five favorite things:
1. The Guidance compiles previously dispersed information. A common theme heard from many law firms is that the guidance does not say anything new. This is true, but the Guidance does make a different, and major, contribution. It pulls together information that was previously all over the place. Before the Guidance, it was often necessary to look to many different sources for assistance with FCPA compliance matters. FCPAméricas overviewed those sources here. The fact that much of this information is now in one place is highly relevant. For companies, it means that they will not have to hire outside counsel as often to research the more mundane and straightforward areas of the law, like the meaning of “anything of value” or acceptable types of hospitality. It is now much easier (and cheaper) for compan... Read more
An Andean Tigre? Common Corruption Risks in Colombia
12.05.2012
Colombia is quietly booming. The size of its economy surpassed Venezuela’s this year and is on track to surpass that of Argentina, which would make it the third largest in South America. Companies and businesspeople from neighboring and troubled Venezuela are flocking to Bogotá, Cartagena, and Barranquilla for opportunities. The activities of the FARC are much reduced, and the paramilitary threat is all but gone.
On the anticorruption front, the country has joined the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. In 2011, the government of Colombia revamped a key corruption law (the Estatuto Nacional Anticorrupción). Recent prosecution efforts have resulted in the imprisonment of the former Mayor of Bogotá for corruption-related offenses. Other positive anticorruption developments in Colombia are discussed here and here... Read more
