United States: Quarterly FCPA Report: Fourth Quarter 2012

By The Global Compliance And Disputes Practice Group

I. Introduction

The final quarter of 2012 was a relatively quiet one, with the U.S. Department of Justice ("DOJ") and U.S. Securities and Exchange Commission ("SEC") declining more corporate enforcement actions than they settled. In addition, for the first time, the DOJ ended a deferred prosecution agreement earlier than scheduled, giving Pride International Inc. a one-year break from its three year agreement.

The highlight of the quarter was the release of the highly anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the "Guide"). While the Guide may not clarify many of the gray areas surrounding the FCPA, it does provide many useful real-life and hypothetical examples. Notably, the Guide does not signal any retreat from the government's assertive enforcement of the FCPA nor does it provide any additional defenses to an FCPA violation.

Several recent challenges to FCPA enforcement actions suggest that the era of nearly automatic cooperation from corporate and individual defendants may be nearing a turning point. After a decade of enforcement mostly against cooperative defendants, the SEC and DOJ are now facing challenges in three separate actions, suggesting that such challenges are becoming more common. In the first challenge, two former executives of Noble Corporation ("Noble") filed motions to dismiss the SEC's charges against them for failure to plead necessary facts, namely failure to name the foreign officials who allegedly received improper payments. A federal judge recently dismissed the SEC's monetary claims without prejudice (which would allow the SEC to file an amended complaint), but allowed the SEC's claims for injunctive relief to go forward. In the second and third cases, former Magyar Telecom executives and a former Siemens executive, respectively, filed motions to dismiss the cases against them for lack of personal jurisdiction. Whether these challenges are the beginning of a trend of significant pushback against FCPA enforcement actions remains to be seen.

II. Summary of Recent Corporate Enforcement Actions

A. W.W. Grainger, Inc. – Declination

In a November 1, 2012 SEC filing, industrial supply company W.W. Grainger, Inc. ("Grainger") stated that the DOJ closed its inquiry into possible FCPA violations. The DOJ inquiry stemmed from allegations that a subsidiary of the company, Grainger China LLC, may have falsified expense reimbursement documentation. Grainger launched an internal investigation in which it uncovered evidence that sales employees of the Chinese subsidiary may have given prepaid gift cards to certain customers in China. The company first disclosed its internal investigation to the DOJ and SEC in January 2012, and submitted the results to the government in July 2012. According to Grainger, its investigation "did not substantiate initial information suggesting significant use of gift cards for improper purposes." The DOJ closed its inquiry on August 14, 2012, although the SEC has not yet indicated whether it too will close its investigation.

B. Nabors Industries Ltd. – Declination

In its November 2, 2012 SEC filing, Nabors Industries Ltd. ("Nabors"), an oil services firm, stated that the SEC determined not to pursue an enforcement action against it in connection with the SEC's investigation of Panalpina. The DOJ initiated its inquiry of Panalpina in 2007, which provided Nabors with freight forwarding services. Panalpina previously admitted to making improper payments to assist its customers with customs clearance in Kazakhstan, Saudi Arabia, Algeria, and Nigeria.

According to its SEC filing, Nabors, with the assistance of outside counsel, launched an internal investigation into its transactions involving Panalpina. After Nabors provided the results of its investigation to both the SEC and DOJ, the SEC declined to bring an enforcement action. The DOJ has not yet indicated whether it too will decline to bring an action.C. Pride International Inc. – Termination of Deferred Prosecution Agreement

On November 5, 2012, the DOJ ended Pride International Inc.'s ("Pride") deferred prosecution agreement, one year earlier than scheduled. Pride and its French subsidiary, Pride Forasol, were originally charged with making improper payments to government officials in Venezuela, Mexico, and India through their vendor Panalpina. In November 2010, Pride entered into a three-year deferred prosecution agreement with the DOJ and paid $23.5 million in disgorgement and interest to the SEC, while its French subsidiary Pride Forasol paid $32.6 million in criminal penalties. Pride was subsequently acquired by Ensco Corp., which agreed to be bound by the deferred prosecution agreement.

In its decision to terminate the deferred prosecution agreement, the DOJ cited Pride's good corporate citizenship, including the quality of its compliance and ethics program, maintenance of internal controls, and reduced reliance on third party partners. This is the first time that the DOJ ended an FCPA-related deferred prosecution agreement earlier than initially agreed.

D. Grifols, SA – Declination

In a November 30, 2012 SEC filing, Spanish pharmaceutical firm Grifols, SA ("Grifols") stated that the DOJ determined not to pursue an enforcement action against it for potential FCPA violations by Grifols's subsidiary, Talecris, which occurred prior to Griffols's acquisition in 2011. The SEC filing indicated that Talecris's internal investigation examined its practices in Belarus, Russia, Iran, Brazil, Bulgaria, China, Georgia, Libya, Poland, Turkey, and Ukraine.

In the notice of declination, the DOJ cited Grifols's "exemplary level of cooperation" throughout the investigation as a factor in closing the probe. Grifols stated that the DOJ specifically mentioned the company's "immediate steps to secure valuable information and making responsible decisions that lead to the early disclosure of information to the DOJ."

E. Allianz SE – Settlement Agreement

On December 17, 2012, Allianz SE, ("Allianz") a German-based insurance and asset management company, entered into a settlement agreement with the SEC covering violations of the FCPA books and records and internal controls provisions. Allianz agreed to pay a penalty of $5.3 million, disgorge $5.3 million, and pay prejudgment interest of $1.8 million.According to the SEC, Allianz's subsidiary in Indonesia made improper payments to employees of state-owned entities for government projects from 2001 to 2008. The money came from "special purpose accounts," which were not properly accounted for. The SEC alleged that improper payments were implicated in 295 insurance contracts obtained by the company.

Allianz first became aware of the issue in 2005 as a result of a complaint, and a subsequent audit revealed the special purpose accounts. Allianz allegedly did not initiate an internal investigation until a second whistleblower complaint was received in March 2009.

F. Eli Lilly – Settlement Agreement

On December 20, 2012, Eli Lilly and Company ("Eli Lilly"), an Indianapolis-based pharmaceutical company, agreed to pay $29.4 million to the SEC. The settlement amount includes $13.9 million in disgorgement, $6.7 million in prejudgment interest, and an $8.7 million penalty.

According to the SEC, Eli Lilly made improper payments to governmental officials in Russia, China, Poland, and Brazil between 1994 and 2009. The investigation of Eli Lilly pre-dates the pharmaceutical industry-wide sweep that began in 2010.

The SEC alleged that Eli Lilly's subsidiary in Poland made eight improper payments to a charitable foundation administrated by the head of a government health authority in exchange for that official putting Eli Lilly products on the government reimbursement list. This is the same charitable foundation – the Chudow Castle Foundation – to which Schering-Plough allegedly made improper payments. Schering-Plough ultimately paid a $500,000 civil penalty to the SEC in 2008 in connection with those allegations.

In Russia, the SEC alleged that Eli Lilly used offshore "marketing agreements" to make payments to third parties chosen by government customers or distributors. The SEC alleged that the third parties did not actually provide services and were used in some instances to funnel money to government officials. The SEC particularly noted the lack of due diligence done by Eli Lilly on the third parties.

The SEC also alleged that one of Eli Lilly's distributors in Brazil made payments to government officials to obtain sales of an Eli Lilly product to government institutions. Finally, the SEC alleged that Eli Lilly's internal sales representatives and managers falsified expense reimbursement documentation in order to obtain money to buy gifts such as food, wine, cosmetics, jade bracelets, and visits to bath houses and karaoke bars for government officials in China.

The DOJ and the Federal Bureau of Investigation assisted the SEC's investigation of Eli Lilly, which started in 2003 and was one of the longest FCPA investigations to-date. One of the issues emphasized by the SEC's complaint was that Eli Lilly continued to make improper payments for years after it became aware of them, including after Eli Lilly was first advised of the government's investigation in 2003. The DOJ has not indicated whether it will pursue any additional actions of its own.

III. Summary of Recent Individual Enforcement Actions

A. Uriel Sharef – Settlement Announced

In documents filed with the U.S. District Court for the Southern District of New York on October 12, the SEC stated that it has reached a settlement agreement with Uriel Sharef. Mr. Sharef is a former member of Siemens AG's ("Siemens") managing board and is among the seven Siemens executives charged last year with violating the FCPA for agreeing to more than $100 million in improper payments in Argentina. The civil and criminal charges came more than three years after Siemens settled with the DOJ and SEC for $800 million regarding allegations encompassing several countries.

B. Herbert Steffen – Challenge to Jurisdiction

Also on October 12, in the same case in which Mr. Sharef was charged, Herbert Steffen, a German citizen and former Siemens executive who ran the company's subsidiary in Argentina, filed a motion to dismiss the charges against him, arguing that the SEC failed to plead facts sufficient to establish personal jurisdiction over him. Mr. Steffen argued that he lives in Germany, spent his entire career with Siemens in Germany, Brazil, and Argentina, was never employed in the United States, and never travelled to the United States on business for Siemens during the period at issue in the SEC's complaint. He stated that the only "contact" he is alleged to have had with the U.S. was a phone call. Mr. Steffen also argued that the SEC's action is barred by the FCPA's five-year statute of limitations.

C. Stuart and Rose Carson – Sentenced

Stuart Carson, former CEO of Control Components, Inc. ("CCI"), previously pleaded guilty to one count of violating the FCPA in April 2012. On November 8, 2012, he was sentenced to four months in prison, eight months of home detention, and payment of a $20,000 fine.

His wife and former sales director for CCI, Hong Rose Carson, also pleaded guilty to one count of violating the FCPA and was sentenced to six months home confinement, payment of a $20,000 fine, and 200 hours of community service. Prosecutors had recommended home confinement and no jail time for Ms. Carson because she "lacked the American education and early business training of her co-defendants."

In 2009, CCI pleaded guilty to violating the FCPA and Travel Act and admitted to making approximately $4.9 million in improper payments to foreign officials.

D. David Edmonds – Sentenced

David Edmonds, former vice-president of CCI, was sentenced on December 18, 2012 to four months in prison, followed by four months of home confinement, and payment of a $20,000 fine. Mr. Edmonds had previously pleaded guilty to one count of violating the FCPA in relation to improper payments to Greek government officials.

E. Mark A. Jackson and James J. Ruehlen – Motion to Dismiss Denied

Mark A. Jackson, former CEO of Noble Corporation, and James J. Ruehlen, former head of Noble's Nigerian subsidiary, previously filed a motion to dismiss the SEC's complaint against them for failure to plead the basic facts of an FCPA claim. Jackson and Ruehlen argued that the SEC failed to identify any specific Nigerian officials who had received improper payments, what those officials did in exchange for the payments, or how Noble benefited from the payments.

On December 11, District Judge Keith Ellison dismissed the SEC's monetary claims but left open the claims for injunctive relief. The monetary claims were dismissed without prejudice, leaving open the option for the SEC to file an amendment complaint. Judge Ellison also dismissed certain claims occurring outside the five year statute of limitations.

In reaching his conclusions, Judge Ellison stated that the FCPA does not require the SEC to name the foreign officials who allegedly received improper payments from the defendants. It is notable that Judge Lynn Hughes, also in the Southern District of Texas, ruled to the contrary on the same issue in the DOJ's unsuccessful prosecution of John O'Shea.

Judge Ellison also concluded that the SEC must bear the burden of proving that the facilitation payment exception does not apply. The Noble executives argued that because facilitation payments are an exception to the FCPA, rather than an affirmative defense, that it is not up to the defendants to raise the issue. Instead, the defendants have argued that the government must affirmatively plead and prove that payments were not facilitation payments as part of its case.

F. Elek Straub, András Balogh, and Tamás Movai – Challenge to Jurisdiction

On December 6, briefing was completed on motions to dismiss charges against Elek Straub, former Chairman and CEO of Magyar Telekom, and András Balogh and Tamás Morvai, both former senior executives in Magyar Telekom's Strategy Department. The lawsuit pertains to their alleged involvement with improper payments made to government officials in Macedonia and Montenegro. Last year, Magyar Telekom agreed to pay over $90 million to settle charges against it relating to alleged improper activities in Macedonia and Montenegro.

The defendants asserted in their various briefs on the motion to dismiss that the SEC failed to plead sufficient facts establishing personal jurisdiction over the defendants or to show that the SEC's claims were not time-barred by the statute of limitations. In its opposition brief, the SEC argued that jurisdiction exists, amongst other reasons, because the executives took actions in paying and concealing bribes that they knew rendered Magyar Telekom's financial statements and filings to the SEC false. The SEC argued that "where a defendant knowingly or foreseeably causes the falsification of an SEC filing, he will be subject to jurisdiction in the United States."

Oral argument for this case is currently scheduled for January 17, 2013.

IV. Summary of Recent Corporate Investigation Disclosures

A. Central European Distribution Corp. – Investigation Disclosed

On October 5, 2012, Central European Distribution Corp. ("CEDC") disclosed in an SEC filing that it has uncovered potential violations of the books and records provisions of the FCPA. CEDC, a Polish-based company, is one of the largest producers of vodka globally. According to its filing, CEDC did not maintain adequate records to track certain payments and gifts, or to ensure that they had a valid business purpose. CECD's SEC filing also stated that it has identified a "material weakness" in its internal controls. The company did not disclose the country or region of operation related to these potential violations.

B. Owens-Illinois Group, Inc. – Investigation Disclosed

On October 25, 2012, Owens-Illinois Group, Inc., ("Owens-Illinois") a manufacturer of glass used for bottling beer, wine, liquor, and other foods, disclosed in an SEC filing that it launched an internal investigation into potential FCPA violations. The company identified potential violations of the anti-bribery, books and records, and internal controls provisions of the FCPA, along with violations of its internal policies and local laws.

Prior to this announcement, the company disclosed its internal investigation to the SEC and DOJ, and stated that it intends to cooperate fully in any government investigation. Owens-Illinois did not identify the location or the amount of potential improper payments at issue.C. Barclays – Investigation Disclosed

Following an investigation launched by the Serious Fraud Office ("SFO") in August 2012, Barclays PLC announced on October 31, 2012 that the DOJ and SEC initiated investigations of the financial services provider. According to the company's October 31 disclosure with the London Stock Exchange, the DOJ and SEC investigations relate to Barclays's use of third parties. The company did not provide details about the location or nature of services provided by these third parties.

The investigation by the SFO relates to the relationship between Barclays and Qatar Holdings. Barclays first reported potential improper conduct to the U.K. Financial Services Authority in July 2012, and then to the SFO in August 2012.

D. Beam Inc. – Investigation Disclosed

On November 8, 2012, Beam Inc. ("Beam") disclosed in an SEC filing that it began investigating possible improper payments by its business unit in India. In its filing, Beam stated that it had voluntarily disclosed the existence of its investigation to the DOJ and SEC, and affirmed its intention to cooperate fully with any potential investigations launched by the government. The alleged improper activity relates to excise duties, invoicing, and distribution in India.

Beam is the fourth largest liquor producer in the world. The company became aware of the allegations from whistleblower complaints.

V. DOJ Opinion Procedure Release

The DOJ published its second Opinion Procedure Release of the year this quarter ("Release 12-02"), addressing the application of the bona fide promotional expenditures affirmative defense under the FCPA. The facts presented were as follows: 19 non-profit adoption agencies (the "Requestors") headquartered in the U.S. submitted a proposal to host 18 governmental officials from a foreign country during visits to the U.S. The officials include government ministers, legislators, a director, and a judge – all involved in the foreign country's adoption process or policies. The U.S. adoption agencies stated that the purpose of the trip is to allow the government officials to learn more about the adoption agencies' work, which includes processing adoptions in the foreign country. During each trip, which will last approximately two days, the government officials will interview the Requestors' staff members, inspect the Requestors' files, and meet with families who adopted children from the foreign country.

The anticipated expenses covered by the Requestors include: a mixture of business class and coach airfare, two to three nights stay at a business-class hotel, meals, transportation between agencies, and local transportation. All entertainment will be nominal and will involve families who have adopted children from the foreign country, and no side trips or leisure activities will be funded.

Based on the DOJ's review of the request, it concluded that the proposed funding of the trip may go forward without enforcement action. In reaching this conclusion, the DOJ found that the travel and related expenses fall within the FCPA's § 78dd-2(c)(2)(A) affirmative defense, which covers "reasonable and bona fide expenditure[s]...directly related to...the promotion, demonstration, or explanation of products or services." It is notable that Release 12-02 featured very similar facts as the ones presented in Release 11-01, issued on June 30, 2011, suggesting that companies may feel the need to be overly cautious when dealing with the FCPA.

VI. FCPA Guidance Released by the DOJ and SEC

On November 14, 2012, the DOJ and SEC released their long-awaited FCPA guidelines, entitled Resource Guide to the U.S. Foreign Corrupt Practices Act (the "Guide"). Although the Guide does not signal any sea changes to the way the FCPA will be enforced or add new defenses for corporations such as those found in the U.K. Bribery Act, as many U.S. businesses sought, the Guide does provide a summary of the current body of DOJ and SEC opinions, leading cases, and enforcement practices.

Most usefully, the Guide sets out hypothetical scenarios of prohibited conduct and includes multiple "real world" examples based on past investigations where the government declined prosecution. The Guide adds relatively little new information for large multinational companies and businesses in highly regulated industries that have grappled with the FCPA and its nuances for decades. On the other hand, the Guide provides helpful insights for small- and mid-sized companies that are beginning to develop anti-corruption compliance policies and programs.

On November 20, 2012, Paul Hastings published a comprehensive summary and analysis of the Guide entitled: Guidance on the U.S. Foreign Corrupt Practices Act from the Department of Justice and the Securities & Exchange Commission: The Key, as with the U.K. Bribery Act and the OECD Anti-Bribery Convention, Is a Robust Compliance Program.

VII. Conclusion

The fourth quarter was dominated by discussion of the newly released FCPA Guide, but potentially more significant in the long run is the emerging willingness of defendants to challenge the limitations of the FCPA's reach and power. The outcomes of the jurisdictional challenges to the FCPA by individual defendants connected to Magyar Telecom and CCI may have far-reaching consequences with regard to the FCPA's role as a global enforcement mechanism in years to come.

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions