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
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
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 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
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
French parliamentarians are considering landmark anti-corruption laws that would be a considerable breakthrough for those in the fight against corruption. The French Constitutional Council must vote on the legislation within one month, and even if it is ruled invalid there are steps to be taken to keep the legislation alive. Some of the changes include … Continue Reading
After being called upon by the Organisation for Economic Co-operation and Development to strengthen its anti-corruption efforts, France recently examined draft legislation which would do exactly that. While discussions before the French Parliament are not expected to begin for a few months, the implications of this legislation are expansive, and represent a revolution in French anti-corruption … Continue Reading
On January 27, 2016, Transparency International released its 2015 update to its annual “Corruption Perceptions Index” (“CPI”), an important resource for corporate anti-corruption compliance efforts. In total, 168 countries and territories around the globe were rated based on the perception of public sector corruption. For a summary of this year’s CPI, and for Reed Smith’s … Continue Reading
The Isle of Man is an unusual place. Constitutionally it is a dependency of the British Crown and depends on Britain in matters of defence and foreign affairs. But it isn’t part of the United Kingdom and has a separate legal system. The island has made the most of its differences by creating an … Continue Reading
The Wolfsberg Group recently published its Anti-Corruption Guidance, which leads me to assume that someone, somewhere, is drafting Corruption Guidance. Perhaps those old cartoons were on to something? More evidence that when it comes to cloud computing, no one knows what to do. People do bad things on the internet? Say it ain’t so. For … Continue Reading
The waiting is over! At last the UK Ministry of Justice has published guidance about procedures which commercial organisations can put into place to prevent persons associated with them from bribing. The Act will now come into force on 1 July 2011. The guidance offers non-prescriptive procedures and commentary on the scope of the Act. … Continue Reading
This post was also written by Simon Hart. On January 13, 2010, the London Evening Standard reported that Prime Minister David Cameron’s office has ordered a review of the new UK Bribery Act as a result of strong concerns expressed by UK business leaders and others about the potential adverse impact the Act might have on … Continue Reading
This post was written by Simon Hart. Eight weeks and counting. That is the period that the UK’s Ministry of Justice has given for responses to their consultation paper on the guidance which will be published by the Government as to what might constitute “adequate procedures” for companies who might find themselves relying on the … Continue Reading
