KPPU (the Indonesian Competition Commission) continues its enforcement against rigged bids, although bid-rigging investigations no longer dominate its caseloads. Initial indications of rigged bids have been confirmed by the issuance of KPPU Chairman Regulation No. 3 of 2023 on Guidelines on Tender Conspiracy Prohibition.
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.
Baker McKenzie’s Sanctions Blog published the alert titled EU extends scope of Russia sanctions designated person categories on 14 June 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
On 3 May 2023, the European Commission presented to the European Parliament and the Council a proposal for a Directive on fighting corruption. The proposal, which refers to corruption in both the public and private sector, provides for the extension of the list of criminal offenses in each EU Member State to include misappropriation, trading in unlawful influence, abuse of functions, as well as obstruction of justice and unlawful enrichment. In addition, the proposal provides for the increase in the level of applicable sanctions and the harmonization of aggravating and mitigating circumstance.
The Department of Justice issued a series of Circulars that modify criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases, and implementing procedures that ensure proactive involvement by prosecutors during case build-up.
Taiwan and the US have concluded negotiations on five issues since the announcement of the Taiwan-US 21st Century Trade Initiative’s launch in June 2022, including trade facilitation, good manufacturing practices, domestic regulations for service industries, anti-corruption, and small and medium-sized enterprises. This is a key step towards the completion of the Taiwan-US FTA using the building block approach. The first agreement is expected to be signed in the next few weeks.
The Asia Pacific Medical Technology Association Code of Ethical Conduct has been revised to include further clarification around gifts. The revisions are effective from 1 January 2024.
Most major companies have implemented a compliance program but often struggle with two issues: ensuring the compliance program remains effective in light of their existing and changing landscape and making it more efficient by leveraging technology. The Compliance Cockpit specifically addresses both issues.
The South African Department of Finance has published Directive 8 on the compulsory screening of employees for competence and integrity. Failure to comply means that such businesses will risk sanction, including a fine of up to ZAR 50 million. Accountable institutions must record how the screening has been conducted and keep records of the outcome of such screening, which must be made available to the Financial Intelligence Centre upon request. It has been stipulated that screenings should begin as soon as possible.
The 2023 Guide to Doing Business in the United Arab Emirates is your simple but comprehensive guide to understanding and navigating the current investment climate and the most important laws regulating investments and commercial activities in the UAE.
The guide features various topics, including the history, geography and economy of the UAE, the legal and judicial systems, foreign investment models, real estate ownership and leasehold, and employment. It also provides a comparison of the available legal investment vehicles that may potentially be used to enter the UAE market.