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In brief

In this edition, you will find an incisive overview of the legal and regulatory frameworks established to combat white-collar crime in major jurisdictions. With a focus on the practical implications of recent enforcement trends and policies, our lawyers examine key issues such as domestic and foreign bribery, associated offenses including money laundering, and best practices for internal compliance programs.


The edition showcases information on relevant economies around the world. Baker McKenzie shares its insights with regard to the following countries in Latin America

Argentina

This chapter serves as a guide to Argentinian regulations on domestic and foreign corruption. In addition, we address the legal framework of associated offenses, such as financial record-keeping and money laundering, legislative developments, and recent cases and investigations. Finally, we have included a summary of the current trends in local anti-corruption matters, as well as our conclusions.

Brazil

This chapter is intended as a guide to Brazilian regulations and how the global trend toward fighting corruption has made Brazilian companies turn their attention to the need to ensure conformity and integrity while developing their activities.

Chile  

This chapter is intended as a guide to the regulations and strong measures that Chile has implemented in the fight against corruption. It also features recent cases and investigations.

Colombia

This chapter is intended as a guide to Colombian regulations on domestic and foreign corruption from the criminal and administrative (civil) perspective. The chapter includes a review of the status of the regulation in Colombia regarding forbidden conduct, prosecution, potential liability and penalties, compliance program, record keeping, defense alternatives, legislative developments, recent precedents. The chapter briefly describes other Colombia compliance systems linked to ABAC (Anti-Bribery and Anti-Corruption) programs, including AML/CTF (Anti-Money Laundering and Counter-Terrorism Financing) Data Privacy.

Mexico 

This chapter provides an overview of Mexico’s domestic anti-corruption framework, including criminal, civil and administrative regulations. It discusses the elements of anti-bribery provisions in various contexts and examines related criminal offenses. It closes with a section dedicated to a forecast of legislative developments and other final thoughts.

Peru  

This chapter provides an overview of the Peruvian legislation on anti-corruption, highlighting the main milestones in the fight against corruption that occurred during the last years. It develops how a prevention model (or compliance program) can not only help prevent a crime but also could serve as a defense in the context of an investigation (if adequately implemented). It also contains sections dedicated to the enforcement actions and closes with an outlook of legislative developments and final conclusions

Venezuela

This chapter provides an overview of Venezuela’s domestic anti-corruption framework, compliance programs enforcement, and outlook for entities wishing to enter, exit or continue operating in the Venezuelan market as a high-risk jurisdiction.

Reproduced with permission from Law Business Research Ltd

This article was first published in November 2021. 

For further information, please contact Nick.Barette@thelawreviews.co.uk.

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Vanina Caniza is a partner in Baker McKenzie’s Buenos Aires office and the Global Chair of the Healthcare & Life Sciences Group. She advises a range of multinational, Latin America and Argentine clients in a variety of corporate and commercial law matters, with extensive experience in corporate compliance, commercial agreements, mergers & acquisitions and regulatory advice. Vanina has extensive knowledge in the pharmaceutical, biotech and medical device sectors. She completed postgraduate courses on Biotechnology at Universidad Torcuato di Tella (Buenos Aires) and on Health Law at Universidad de Buenos Aires. She was previously the Latin America Leader of the Healthcare & Life Sciences Group and also sits on the Steering Committee of the Firm’s Latin America Corporate Compliance Group. She is currently a professor in the CEC Compliance & Ethics Certification (AAEC-UCEMA).

Author

Fernando Goldaracena is a partner in Baker McKenzie Buenos Aires Office. He heads the White Collar Crime Practice Group and is a member of the Compliance & Investigations Practice Group. Prior to joining the Firm, Fernando served as secretary of the Federal Criminal Court No. 2 of San Isidro, where he led several criminal investigations ranging from white collar crimes, public corruption and tax fraud. He is member of both the Compliance & Money Laundering and the Criminal Law Practice Groups of the City of Buenos Aires Bar Association (Colegio de Abogados de la Ciudad de Buenos Aires).

Author

Sebastian Doren is an attorney in Baker McKenzie’s Santiago office. He a member of the Firm’s International Trade and Customs Department. For more than 14 years, Mr. Doren has practiced in the area of criminal law — particularly in matters involving economic and counterfeit offenses. Mr. Doren advises local and multinational clients on criminal litigation. He specifically handles cases dealing with fraud against his clients and the financial/banking system, as well as anti-counterfeiting cases. Much of his practice proceedings have been against Chilean Customs and Administrative Offices.

Author

Juan Ignacio Donosois a senior associate in the Antitrust Practice Group of Baker McKenzie’s Santiago office. He has substantive experience in the antitrust field, specifically in cartel and abuses of dominance cases. Prior to joining the Firm in 2017, he worked for eight years in the National Economic Prosecutor’s Office (FNE), the Chilean Antitrust Agency where he recently served as deputy head of the Antitrust Division and lead significant antitrust investigations including the poultry cartel case (2011), the passenger transport cartel (2011), and several abuse of dominance cases. He also drafted the current FNE's leniency guidelines (2017). Juan Ignacio also teaches antitrust law in the Pontificia Universidad Católica de Valparaíso Law School.

Author

Carolina Pardo joined Baker McKenzie in 1994 and is a Partner of the Firm since 2008. She is currently a member of the Global Steering Committee for the Firm’s TMT industry group and of the Global Steering Committee for the Firm’s Investigation, Compliance and Ethics Group. She was a member of the Global Steering Committee for the Firm’s Global Antitrust and Competition from 2016 and until 2020 and is currently a member of the Latam's Antitrust Steering Committee.
She graduated as a lawyer and a specialist in International Contracts Law from Universidad de los Andes in Bogotá. She obtained a LL.M. with emphasis in International Private Law and Competition Law from the London School of Economics and Political Science.
Over 25 years, she has advised major national and international clients on matters related to compliance with data protection, competition and consumer law rules. She has represented clients in investigations and submissions related to data protection and competition matters in Colombia and has successfully coordinated and prepared white paper proposals to national authorities on behalf of major industrial groups in Colombia.
In 2016 Global Competition Review selected her as one of the 100 most influential women in antitrust. The last two Superintendents of Industry and Commerce have selected Carolina as a Non-Governmental Advisor to the Colombian Antitrust Regulator.

Author

Jonathan Edward Adams heads Baker McKenzie's compliance team in Mexico and is the Global Compliance Practice Group's regional coordinator for Latin America. He has extensive experience in corporate, pharmaceutical and compliance law, having worked seven years in the US and 13 in Mexico and Central America. Jonathan combines a US-based perspective on legal implementation and compliance issues with years of on-the-ground experience in Latin America. He works closely with client commercial teams to implement innovative solutions to legal challenges. He is admitted to practice law in Mexico and two US states.

Author

Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

Author

Jesús Dávila joined Baker McKenzie in 2002 and became partner in 2009. He is recognized as a leading lawyer in Venezuela by Chambers Latin America and IFLR1000. Jesus advises domestic and multinational companies on the full scope of corporate transactions, including mergers, acquisitions, takeovers, joint ventures and a variety of other corporate work. He has a strong track record providing insightful advice to companies on matters of antitrust, foreign investment and technology transfer, IT/Communications, and trade and commerce. Jesus has been a professor in various renowned universities in Venezuela.

Author

Heloisa Barroso Uelze joined the Firm in 2000 and became a partner in 2005. She has over 25 years of practice and is currently the head of the Brazilian Public Law, Government Relations and Regulatory Group at Trench Rossi Watanabe. Heloisa is recognized as a leading practitioner in such areas of law by various international publications such as Chambers, LACCA, Análise Advocacia, and PLC. Before joining Trench Rossi Watanabe, Mrs. Uelze worked for thirteen years in a law firm specialized in Public Law created by four of the most regarded scholars in Administrative, Public, Tax and Constitutional Law In Brazil, all of them respected Professors that held PHDs: Celso Antonio Bandeira de Mello, Geraldo Ataliba, Adilson Abreu Dallari and Michel Temer. In April 2000 Heloisa was nominated – due to her recognized ethical reputation and specialized legal knowledge, head of the legal department of Federal Government Autarchy, where she stayed for 12 years. Such position was not inconsistent with the private practice of law. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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