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On April 26, 2015, a new law requiring companies to have compliance programs came into effect in Ukraine.  The law applies to almost all companies participating in public tenders and to state owned enterprises over a certain size.  Among other things, it requires companies to appoint a compliance officer with responsibility for implementing the compliance program and encourages companies to conduct regular risk assessments, establish mechanisms for monitoring implementation of the compliance program and include compliance provisions in contracts with third parties. The law is all the more significant because on April 16, President Poroshenko appointed Artem Sytnyk as the first head of Ukraine’s new Anti-Corruption Bureau, who promised to start cooperating immediately with foreign law enforcement agencies, including the FBI, and noted that “the public is not going to wait for the results of the Bureau’s work for years.” To read the full article published on the FCPA Blog click here.

Author

Tom Firestone is Co-chair of the firm's North American Government Enforcement practice and is a member of the Firm's Global Compliance & Investigations Steering Committee. He represents clients in matters involving anti-corruption and the US Foreign Corrupt Practices Act (FCPA), internal investigations and transactional due diligence. Prior to joining the Firm, he spent 14 years at the US Department of Justice. He worked as an Assistant US Attorney in the Eastern District of New York where he prosecuted transnational organized crime cases. He also worked as Resident Legal Adviser and Acting Chief of the Law Enforcement Section at the US Embassy in Moscow. In the latter capacity, he facilitated US-Russian law enforcement cooperation, assisted the Russian government in drafting new criminal legislation, advised the US government on policy issues related to criminal justice in Russia and twice won the US State Department Superior Honor Award.

Author

Yuliya Kuchma is an associate in Baker McKenzie's Compliance and Investigations Practice Group in Washington, DC, focusing on business crimes and investigations. Ms. Kuchma assists domestic and international clients in a broad range of compliance and dispute resolution matters, including internal investigations, white collar criminal defense, and related civil litigation. She also represents companies before the Department of Justice and the Securities and Exchange Commission in connection with possible enforcement actions.

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