Foreign Corrupt Practices Act

US DOJ Guidance Document : Corporate Compliance

On April 30, 2019, the US Department of Justice (DOJ) published a guidance document, “The Evaluation of Corporate Compliance Programs” (Guidance), aiming to provide greater transparency into its prosecution decisions. While the Guidance is primarily meant for the consumption of prosecutors considering an investigation and/or bringing charges against a corporation, it provides valuable insight for compliance conscious entities that are proactively looking to develop and further strengthen their corporate compliance programme (CCP).

The Guidance complements the principles set out in the Justice Manual, which describes specific factors that prosecutors must take into consideration, including inter alia, the adequacy and effectiveness of the corporation’s compliance programme at the time of both the offence and the charging decision, and the corporation’s remedial efforts to implement an adequate and effective corporate compliance programme or to improve an existing one. Additionally, the US Sentencing Guidelines advise that consideration should be given to whether the corporation had in place at the time of the misconduct an effective compliance programme to calculate the appropriate criminal fine.
Continue Reading DOJ’s New Guidance Document: Is it Time to Re–evaluate your Corporate Compliance Programme?

India’s anti-bribery and anti-corruption (ABAC) regime went through a massive change recently. After years of deliberation, the Indian parliament has enacted the Prevention of Corruption (Amendment) Act, 2018 (Amendment Act), bringing about crucial changes that could really impact the way companies do business in India. Below, we analyse the impact of the recent amendments and explain the measures that companies need to put in place to ensure compliance.

The amendments brought in by the Amendment Act are prospective in nature and take effect from the date the legislation received presidential assent – i.e. July 26, 2018. Hence, companies currently doing business in India need not retrospectively assess their compliance with the requirements introduced by the Amendment Act and shall only be regulated by these provisions prospectively.


Continue Reading Not Just Old Wine In A New Bottle: –Global Companies and the New Fortified Anti Bribery Regime