The Singapore High Court recently issued a revised sentencing framework for private sector corruption offences involving agents in Singapore. Singapore’s anti-corruption regime The Prevention of Corruption Act 1960 (PCA) is the primary anti-corruption legislation in Singapore. The main offences can be found stated in sections 5 and 6 of the PCA, which prohibit: Sentencing framework … Continue Reading
What are the key changes to the DOJ’s corporate criminal enforcement program? We look at the updated guidance on individual and corporate accountability, independent compliance monitors, and corporate compensation in our latest alert.… Continue Reading
Why is it important to monitor and preserve business communications conducted through instant messaging platforms on employees’ personal devices? In our recent alert, we look at what is behind the SEC and CFTC’s nearly $2 billion fines on companies failing to monitor and retain business communications on messaging platforms, consider enforcement activity in the UK … Continue Reading
As part of an anti-corruption campaign targeting the healthcare sector, the Chinese authorities’ latest measures seek to prohibit the improper collection of prescription and usage data by healthcare professionals (HCPs) and employees of healthcare companies. The regulations cover prescription and usage data in relation to pharmaceutical products, medical devices and medical consumables. Our Asia-Pacific regulatory … Continue Reading
The Monetary Authority of Singapore (MAS) recently issued a consultation paper which included a number of proposals for strengthening its powers. If adopted, the proposals will expand the MAS’ investigative powers significantly, key changes include: allowing the MAS to reprimand persons for misconduct even after they leave a financial institution (FI) or the financial industry; … Continue Reading
Amendment XI (the Amendments) to the Criminal Law of the People’s Republic of China is now in effect. Signaling a continued focus on anti-corruption, the latest amendments to China’s Criminal Law outline increased criminal sentences for private sector corruption and new sentencing standards for private sector bribery. In our recent client alert, we closely examine … Continue Reading
The Asia-Pacific region has a flourishing cryptocurrency and digital-asset ecosystem, but despite comprehensive regulatory frameworks, fraudulent actors continue to exploit cybersecurity and control weaknesses making it vital that businesses have fraud mitigation measures in place. In our recent client alert, we take a detailed look at crypto and digital asset fraud in the region, provide … Continue Reading
Investigations can be fraught with a range of data privacy issues; addressing these issues quickly is critical if there is a possibility of implicated individuals tampering with electronic evidence, and companies can expect serious ramifications if data protection and privacy laws are found to have been breached. In our latest client alert, we provide an … Continue Reading
Dawn raids cause cataclysmic upheaval and often catch businesses off guard; a company’s initial response can have a significant impact on their ability to influence the outcome. With regulatory authorities having ever greater search and seizure powers in the Asia-Pacific region, it is paramount that businesses prepare for when enforcement officers come knocking. In our … Continue Reading
In late July 2019, the Securities Commission Malaysia announced that it will be implementing an anti-corruption action plan (the Action Plan). The Action Plan will seek to improve the standards of corporate governance in Malaysia “to prevent corruption, misconduct, and fraud.” Read our full client alert here.… Continue Reading
On March 8, 2019, the United States Department of Justice (the DOJ) announced a key revision to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy) regarding employees’ use of ephemeral messaging platforms. The original Policy required companies to prohibit employees’ use of such messaging platforms in order to receive full cooperation credit … Continue Reading
On March 6, 2019, the U.S. Commodity Futures Trading Commission’s (the “Commission” or “CFTC”) Enforcement Division published an advisory (the “Advisory”) which discussed the implications of self-reporting and cooperation for violations of the Commodity Exchange Act (“CEA”) that involve foreign corrupt practices. The Advisory marks the first time the CFTC has expressed its intention to … Continue Reading
On October 26, 2018, China enacted the International Criminal Judicial Assistance Law. This law imposes additional procedures relating to the provision of judicial assistance in criminal matters between China and other countries. Our Asia Investigations team considers the key provisions of the law, its potential impact on internal investigations by foreign companies operating in China, … Continue Reading
Earlier this year, the Indian parliament made significant amendments to the Prevention of Corruption Act (the “PCA”). The PCA is the primary Indian law that addresses corruption in government agencies and public sector businesses in India. These updates to the Act impact how companies with operations in India manage corrupt activity. Read our summary of … Continue Reading
The first half of 2018 saw a number of significant changes to the Chinese anti-corruption regime, including amendments to the Anti-Unfair Competition Law and formation of new anti-corruption regulatory bodies. Amidst an anti-corruption campaign in China that continues to gain traction, companies operating in the country should continually evaluate whether current business models run afoul … Continue Reading
Following the much-publicized US$422 million trilateral Keppel Offshore & Marine resolution, Singapore has introduced a DPA framework. The resolution was reached in late 2017 to settle anti-corruption charges posed by regulators in the United States, Brazil and Singapore. As part of the resolution, KOM entered into a deferred prosecution agreement with the United States’ Department … Continue Reading
The lower house of the Malaysian parliament has recently passed amendments to Malaysia’s anti-corruption law. The most high profile of these amendments is the introduction of corporate liability into Malaysian anti-corruption laws. Before this amendment, the Malaysian Anti-Corruption Commission Act (MACCA), which is the primary anti-corruption legislation in Malaysia and was enacted in 2009, was … Continue Reading
