Amendments to FCPA Corporate Enforcement Policy In March 12, 2019, the US Department of Justice (DOJ) modified the FCPA Corporate Enforcement Policy (the “Policy”). This Policy credits corporations that voluntarily self-disclose, provide full cooperation, and demonstrate timely and appropriate remediation in FCPA matters with a presumption of declination absent aggravating…
Recent developments On 2 January 2019, the Ministry of Public Security of the People’s Republic of China (MPS) issued the Rules on Collection of Electronic Data by Public Security Bureau When Handling Criminal Cases (“MPS Rules”). The MPS Rules took effect on 1 February 2019. We previously issued an alert on the Rules…
Transparency International (TI) has just released its 2018 Corruption Perception Index (CPI)[1]. The CPI continues to be an important gauge by companies in managing corruption risks when conducting businesses in foreign countries. TI reports that the Asia Pacific region has made little progress in the fight against corruption. With an…
On 26 October 2018, the Standing Committee of the National People’s Congress passed the revised PRC Criminal Procedure Law (“CPL”) which introduces, among other things, the “default judgment” and “immediate judgment” procedures in criminal trials. The default judgment procedure penalizes defendants who have absconded overseas in respect of bribery and…
On 5 September 2018, the UK Court of Appeal (CA) overturned the 2017 High Court ruling in SFO v ENRC [2017] WLR(D) 317 (ENRC Decision) and held, among other things, that notes of interviews with company employees are protected by litigation privilege even if a formal criminal investigation has not been commenced…
The US Court of Appeals held that a non-resident foreign national cannot be guilty of violating the US Foreign Corrupt Practices Act as an accomplice or a co-conspirator if that person was incapable of committing it as a principal.
Following the success of the Global Corporate Liability and Global Overview of Anti-Bribery Laws handbooks and websites, Baker McKenzie’s Compliance & Investigations group announced the launch of the corresponding mobile applications.
On 20 March 2018, China’s National People’s Congress passed the Supervision Law detailing the powers and responsibilities of the National Supervision Commission.
We provide an overview of the Transparency International annual CPI in relation to Asia Pacific countries focusing on the progress of China.
On 4 November 2017, the PRC Anti-Unfair Competition Law was amended providing more clarity on the scope of what constitutes commercial bribery. This post provides an insight on the key features of the new commercial bribery rules.