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Welcome to the 2019 edition of the Jones Day Anti-Corruption
Regulation Survey of Select Countries. Since the 2017–2018
edition of this Survey, there has continued to be an increasing
awareness among multinational companies of the significance of
anti-corruption regulations in foreign countries and the potential
risks of violating these regulations or of being associated with
companies or individuals that have violated such
regulations.
A number of countries made significant changes to their
anti-corruption regulations in 2018 and 2019 to date, including,
among others, Chile, India, Indonesia, Italy, Malaysia, Myanmar,
Philippines, South Korea, Thailand and Vietnam. Furthermore, since
2018, there have been significant developments in several countries
related to anti-corruption, especially with respect to enforcement
practice and policy, such as in Brazil, South Africa, the United
Kingdom and the United States. Other countries included in this
Survey have indicated proposed amendments to anti-corruption
regulations, the restructuring of anti-corruption enforcement
bodies and enhanced coordination with the anti-corruption
authorities of other jurisdictions. The 2019 edition of this Survey
includes Qatar, a jurisdiction that had not been covered in
previous years.
This Survey is intended to provide an overview of the complex
and evolving anti-corruption regulations in the 42 countries
covered herein. Ways in which this Survey may be useful will vary
depending on a company's situation and needs. A few examples
follow:
Due diligence. This Survey may be
useful to give a sense of key aspects of anti-corruption
regulations that apply to potential M&A targets and joint
venture partners.
Prospective business partners. If a
company is considering entering into a relationship with a business
partner (e.g., vendor or customer) from another country, this
Survey may be useful in giving a sense of potential areas of risk
in relation to the partner's local business activities.
Considering efficacy of compliance
programs. This Survey may be helpful in considering whether and how
to develop, assess and enhance an anti-corruption compliance
program, whether on a national, regional or global basis. As a
starting point, one needs to have an understanding of whether a
particular action (for example, certain gifts or entertainment) may
potentially violate local regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In order to provide an overview for busy in-house counsel and compliance professionals, we've summarized below some of the most important international anti-corruption developments from the past month.
On November 20, 2019, the U.S. Department of Justice (DOJ) announced several subtle, but important, adjustments to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy.
On November 20, 2019, the Fraud Section of DOJ's Criminal Division announced changes to its Foreign Corrupt Practices Act ("FCPA") Corporate Enforcement Policy ("the Policy").
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