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Anti-Corruption

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The new Bidding Bill of Law provides for integrity programs as well as greater control and transparency in public tenders.

The Brazilian Bidding Law (Law 8,666/93) and other laws related to public procurement (Law 10,520/2002 and articles 1 to 47 of Law 12,462/2011) are about to be replaced by Bill of Law No. 4,253/2020, which was recently approved by the Federal Senate and is pending presidential sanction.

The new legislation, which is 27 years in the making, provides relevant updates from a compliance perspective, such as: (i) the reinforcement of internal and external controls for public procurement; (ii) the strengthening of the relevance of a compliance program for companies willing to do business with the government; and (iii) increased sanctions for irregularities in public procurement.

Effective from 1 January 2021, the Shanghai Anti-Unfair Competition Regulations (“Regulations”) require all business operators in Shanghai to strengthen their internal controls and compliance management. 

Our alert discusses the implications of this significant development, which is the first time that the concept of a compliance program has been introduced into Chinese laws and regulations. 

On 6 October and 19 December 2020, Kazakhstan’s President signed Law No. 365-VI ZRK1 and Law No. 384-VI ZRK2 (“Amendments”), respectively, which introduced certain changes to the country’s anti-corruption legislation, including the Anti-Corruption Law,3 Criminal Code4 and Civil Code.5 Law No. 365-VI ZRK became effective on 18 October 2020, and Law No. 384-VI ZRK came into effect on 31 December 2020.

Our multidisciplinary practitioners discuss the importance of the need for consumer goods and retail (CG&R) businesses to be aware of their “extended enterprise” – the complex network of third parties they depend on to develop, market and sell their products and services.

The Competition and Consumer Commission of Singapore (CCCS) has issued an infringement decision (“Infringement Decision”) against three businesses engaged in the provision of maintenance services for water features. CU Water Services , Crystalene Product (S) and Crystal Clear Contractor (“Parties”) were directed to pay financial penalties totalling approximately S$420,000 for infringing section 34 of the Competition Act (Cap. 50B) and for participating in bid-rigging conduct relating to tenders called for the provision of maintenance services for pools, ponds, etc.

Baker McKenzie’s newest report, Russia: Corporate Anti-Corruption Enforcement Trends, aims to provide both international companies operating in Russia and Russian businesses with an international footprint with practical and informative guidance on evaluating their corporate compliance programs. Focusing on the risks of prosecution under Russian law, this report will be particularly valuable…

Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.