An invaluable resource for legal and compliance professionals at law firms or multinational corporations, this unique treatise reviews the context of anti-corruption and anti-bribery laws, agreements, and penalties. The work outlines strategies, best practices and essential elements of effective anti-corruption compliance programs. The treatise also looks at international anti-corruption agreements and enforcements, as well as laws in different industries, namely, oil and gas, defense, pharmaceutical, and foreign infrastructure.
Anti-Corruption Law and Compliance: Guide to the FCPA and Beyond is an invaluable resource for legal and compliance professionals at law firms or multinational corporations. This unique treatise makes the complex and dynamic anti-corruption landscape navigable by highlighting significant forms of risk, trends in high-risk industries, and legal developments in significant jurisdictions. Written by esteemed anti-corruption and compliance experts, the book reviews the origins, meaning, and application of U.S. anti-corruption laws, particularly the Foreign Corrupt Practices Act (FCPA), as well as the laws and practices of several other countries. U.S. anti-corruption enforcement continues to be robust, and ever-increasing enforcement by other countries creates considerable challenges for businesses facing allegations, investigations, or prosecutions in multiple jurisdictions.
In 1977, Congress enacted the FCPA, the first internationally focused anti-corruption law in U.S. history. Since the enactment of the FCPA, U.S. officials have worked to regulate cross-border bribery without impeding international commercial relationships. In 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) responded to commercial and congressional calls for greater clarity by jointly publishing A Resource Guide to the U.S. Foreign Corrupt Practices Act. The publication of the Guide, along with new laws from other countries—for example, the U.K. Bribery Act of 2010 and Brazil’s 2013 Anti-Corruption Law—illustrate the growing complexity of the field. Complying with these laws and regulations is increasingly a challenge for multinational corporations, and this treatise is relevant to current events such as the investigations of Wal-Mart, Avon, and Microsoft. The U.S. government’s focus on the prosecution of individuals makes this treatise’s detailed review of the FCPA’s specific provisions essential reading for any lawyer advising multi-national corporations.
Anti-Corruption Law and Compliance begins with a practical foundation by describing anti-corruption laws, legal statutes, and regulations. In addition to reviewing the historical context of anti-bribery laws, key international anti-corruption agreements, and the FCPA’s provisions, this treatise also details the substantial penalties and collateral consequences of FCPA violations, as well as the process for obtaining advisory opinions from the DOJ regarding FCPA enforcement. This treatise addresses U.S. enforcement practices, anti-corruption internal reviews, and relevant guidance from government enforcement agencies. The authors also delve into work plans: the execution of an appropriate plan; the collection, analysis, and preservation of evidence; the potential effects of local laws; the development of remedial measures; and the decision regarding self-disclosing misconduct to authorities. The essential elements of effective anti-corruption compliance programs are also discussed.
Important topics analyzed in this treatise include:
In terms of practical application, several chapters examine anti-corruption laws in relation to specific industries—namely, oil and gas, defense, pharmaceutical, and foreign infrastructure industries. These chapters offer broad context by covering related laws and enforcement trends. The final chapters analyze anti-corruption laws and applications in jurisdictions outside the U.S. to provide insight into wider international enforcement.
The 2016 Cumulative Supplement includes:
Discussion of new U.S. enforcement guidance via the Yates Memorandum and the DOJ Pilot Program
New enforcement case studies, including the first and second DPAs entered into by the Serious Fraud Office with respect to violations of the UK Bribery Act 2010
An updated chapter on China, written by Jun He Law Offices, discussing a new law on bribes to relatives of state staff, as well as the newly promulgated Article 13 of the Corruption and Bribery Interpretation covering obtaining benefits for others
Further updates to the chapter on Brazil, including a decree on what characterizes an adequate compliance program, changes in the law related to companies making campaign contributions, and the still ongoing Operation Car Wash/Petrobras investigation and the resulting fallout
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