November 2014
Anti-Corruption Compliance
New on the Portal
German Anti-Corruption Legislation Summary
Germany is a top enforcer of anti-corruption legislation. However, only natural persons, i.e. not companies, can be prosecuted under German criminal law. This does not mean companies are free from responsibility for corruption offences. The German Administrative Offences Act provides fine up to EUR 10 million and disgorgement of benefits obtained through corruption.
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Germany Compliance Quick Guide
Companies face serious fines and other civil sanctions for corruption offences and representatives risk imprisonment under German anti-corruption legislation. However, implementing an effective compliance program can help mitigate those risks for both the company and its representatives. Identifying common hallmarks of an effective compliance system in Germany and other countries helps a company reduce its risks across borders.
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Country Profiles
Germany
The Business Corruption in Germany country profile presents a concise and practical overview of doing business in Germany. Included is a survey of corruption across key sectors, descriptions of Germany anti-corruption legislation and relevant regulation, and a directory of local contacts for simplifying the business process while reducing corruption risks.
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Nepal
The Business Corruption in Nepal country profile provides an overview of the current corruption obstacles to doing business in the country. Included is an examination of the culture of kickbacks and facilitation payments when doing business and interacting with the government. The overview of corruption across sectors, legislation and regulation information, and local contacts can jump start your organisation’s risk assessment and mitigation process.
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Myanmar
The Business Corruption in Myanmar (Burma) country profile aims to provide companies with an understanding of the corruption risks in the country. This includes a weak rule of law, opaque licencing systems, and common demands for
facilitation payments
. To find more information about the corruption risks in Myanmar, see the overview of corruption in key sectors, corruption legislation, and local contacts for doing business.
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Azerbaijan
The Business Corruption in Azerbaijan country profile assesses corruption to be an obstacle to doing business in the country. Political corruption, facilitation payments, red tape and ineffective implementation or application of regulations places companies at risk of corruption. To better understand your own company risks in the country, review the corruption information across your sections, applicable legislation, and contact local representatives.
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South Africa
The Business Corruption in South Africa country profile was updated following the national elections and provides a current overview of corruption across sectors, anti-corruption legislation, and provides local contacts to help you do business. The profile details that current regulation enforcement issues and red tape surrounding public services. However, the South Africa continues to outperform neighbouring countries.
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Angola
The Business Corruption in Angola country profile reveals widespread corruption as a serious obstacle to doing business in the country. The survey of corruption across sectors finds Angola one of the most challenging business environments, and the risk of corruption is high. Companies operating in the country can expect to face demands for facilitation payments, and a lack of legislative and regulatory enforcement.
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World Corruption News
US-China Business Council – China Report
The new Government Affairs Report reveals that China has moved beyond the accustomed and still important guan xi – custom of personal relationships – to a more sophisticated system involving a wide-array of factors.
EU mission to Kosovo accused of corruption
EULEX, the EU mission to Kosovo to help develop its justice system, is accused of accepting bribes to drop criminal charges. The cases involve murder and corruption involving senior officials.
OECD praises Brazil for new anti-corruption law
The OECD commends Brazil on the passage of the tough new Clean Companies Act, expects enforcement. And it is encouraged by new indictments in a foreign bribery case.
Former Boeing procurement officers sentenced to prison in bribery/kickback scheme
A former procurement officer at Boeing and his two co-defendants all received prison sentences in a bribery/kickback scheme, according to the FBI.
Former Alstom UK manager to be charged by SFO
The UK’s Serious Fraud Office is charging an ex-Alstom manager with two counts of corruption stemming from the SFO’s investigation into the French company bribing Indian transport officials.
Petrobras hires private investigators in Brazil corruption case
Brazilian-controlled Petrobras has hired private investigators from the US and Brazil to look into allegations of corruption.
Layne Christensen pays $5.1m to resolve FCPA charges with the SEC
The Texas-based water management, construction and drilling company Layne Christensen paid over $5 million to settle FCPA charges brought by the SEC for bribes paid in multiple African countries.
Brazil re-elects President Dilma Rousseff
President Rousseff has been re-elected amid corruption allegations, especially surrounding the World Cup and state-controlled Petrobras.
UK Serious Fraud Office seeks more money
The SFO has asked the government for an extra $42.4m to help investigations, including into corruption.
Brazilian securities regulators investigating Petrobras
The investigation into the Brazilian-controlled Petrobras comes after the ex-refining head admits to money laundering and taking kickbacks from contractors.
China targets officials fleeing to Australia
Corrupt Chinese officials are believed to have fled to Australia with $1 billion in bribes and embezzled money and are being targeted by a joint China-Australia police operation.
China to close ‘gift’ loophole for public officials
China’s parliament is expected to ban public officials from accepting ‘gifts or money of a considerable amount’ without the need to prove abuse of power.
US bans several Hungarians from entry and alleges corruption
US – Hungary clash after the US bans several Hungarian citizens from entry and alleges they engage in or benefit from corruption. The move is part of a broader US clampdown on corruption.
China sentences engineer to suspended death sentence for bribery
China’s high-speed rail network engineer was given a suspended death sentence for taking $7.8m in bribes. Suspended death sentences are typically commuted to life sentences.
China jails reporter for defaming state-controlled company
An investigative journalist in China has been jailed for defamation and bribery after writing critical reports against state-controlled construction firm Zoomlion.
Brazil’s presidential candidates debate corruption in state oil company Petrobras
Election 2014 candidates clash over the Petrobras corruption scandal, and trade blows over responsibility. Accusations include that the ruling party accepted kickbacks from Petrobras.
Ex-Finmeccanica boss Orsi cleared of bribery, convicted for false bookkeeping
An Italian court sentenced Giuseppe Orsi to two years in prison for false bookkeeping, but cleared him of corruption related to an Indian helicopter deal.
China leads countries reported in current US FCPA investigations
A researcher has assembled a list of countries connected with the 104 companies under FCPA investigations, with China, Brazil and Russia leading the way.
Anti-corruption probe requested into Australian payment to Hong Kong leader
Hong Kong’s Democratic Party has asked for a probe into an Australian company’s $6m payments to Leung while in office.
Austrian-owned banknote printer execs plead guilty to bribing foreign officials to win contracts
Two former execs of Oesterreichische Banknoten und Sicherheitsdruck pleaded guilty in Austria of conspiracy to win business by bribing officials in Syria and Azerbaijan.
US DOJ explains how Alcoa avoided $1b FCPA criminal fine
DOJ’s criminal division explains how Alcoa’s cooperation significantly reduced its fines, 10 hallmarks of an effective compliance program, and Weatherford International’s weak compliance program.
Ukraine pushes new anti-corruption law ahead of elections
New Ukrainian anti-corruption law presented ahead of 26 October elections to oblige high-level government employees to provide financial disclosure.
US Supreme Court denies review of FCPA case defining ‘foreign official’
Convicted ex-Terra Telecom executives denied review of FCPA case that ruled employees of state-owned enterprises are ‘foreign officials’, leaving the expanded definition in place.
$2.5b Eurofighter bribery clause may allow Austria to cancel contract
Austria’s defence minister has not ruled out exiting or seeking damages in a 2003 contract for 15 Eurofighters involving bribery allegations. Austria is in the process of a corruption investigation.
Eni reportedly paid $533m bribe for Nigeria oilfield deal
Italian prosecutors disclose in a letter to the UK Crown Prosecution Service that they believe half of the $1.1b that Eni paid for Nigerian oil rights went to bribes.
Former SNC-Lavalin executive to pay corruption damages to company
Montreal-based SNC-Lavalin has been recognised as a victim in the Swiss $16m CAD corruption case against Riadh Ben Aissa and will receive compensation from the ex-executive.
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