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Anti-Corruption

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In Anti-Corruption

Malaysia: Zero tolerance for corruption = Increased drive for corporate governance

by , and 5 Mins Read

It has been three years since Section 17A of the Malaysian Anti-Corruption Commission Act 2009 came into effect, with the first charge under the provision made in 2021. The recent array of actions by the MACC coupled with the “zero tolerance for corruption” policy launched by the Madani Government provide a timely reminder of the importance of businesses in (i) reviewing their existing procedures and (ii) ensuring adequate procedures are in place to prevent bribery as they afford the only defense against liability under Section 17A.

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In White Collar Crime

United States: Baker McKenzie victory at Supreme Court opens door to RICO claims by non-US plaintiffs

by , and 7 Mins Read

Baker McKenzie’s recent victory in the United States Supreme Court in Yegiazarian v. Smagin, 143 S. Ct., 1900 (22 June 2023), opens the door for non-US plaintiffs to pursue RICO claims when seeking to enforce a judgment or assert claims against U.S . parties or assets. Although the plaintiff in this case was the holder of a foreign arbitration award, the Court’s holding suggests that any foreign plaintiff asserting a claim against or seeking to recover U.S. property will have legal standing to pursue civil claims under federal RICO statutes, and potentially recover treble damages and attorneys’ fees.

In Whistleblowing

Italy: Employment law alert – Breaking news

by , and 2 Mins Read

On 15 July 2023 the Italian National Anti-Corruption Authority issued the new interpretative Guidelines of Legislative Decree no. 24/2023, implementing the EU Whistleblowing Directive. The new Guidelines aim at providing practical guidance to those employers that, pursuant to the new law, are now required to implement their own internal reporting channels.

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In Trade and Foreign Investment

US Government Publishes Africa Gold Advisory

by , and 3 Mins Read

On 27 June 2023, the US Departments of State, the Treasury, Labor, Commerce, and Homeland Security, and the United States Agency for International Development issued a joint advisory — the Africa Gold Advisory — that (i) highlights the opportunities and specific risks raised by the gold trade across sub-Saharan Africa and (ii) encourages industry participants to adopt and apply strengthened due diligence practices to guard against such risks.

In Anti-Corruption

Vietnam and Japan: Anti-bribery and corruption compliance for global companies

by , , , , and 4 Mins Read

In an effort to address Vietnam’s historical perception as a high-risk compliance jurisdiction, the Vietnamese government has recently implemented a series of regulatory and practical measures to significantly reduce corrupt practices in the country.
These recent efforts to combat corruption have resulted in a number of measures, including legal reforms, public awareness campaigns, international cooperation efforts, as well as increased enforcement of corruption and bribery laws (including a number of high profile arrests and prosecutions for bribery offences). These trends in Vietnam show no sign of slowing down, and heightened enforcement of corruption-related crimes in Vietnam can be expected to continue and even increase in the months and years to come.

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