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Global bribery and corruption outlook 2018

Hogan Lovells

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Africa, Brazil, China, European Union, Global, Hong Kong, Mexico March 5 2018

4 Hogan Lovells

2018 in three minutes

For the most part, 2018 will see countries do more to enforce their anti-bribery and

corruption laws. How authorities plan to go about this — from cooperating with

foreign counterparts to adapting others’ regimes — differs by jurisdiction.

There’s no catch-all advice we can give. But we can share our lawyers’ insights on

areas that might affect you and what to watch out for. In terms of what you should do,

we’d need to talk.

Enforcement

To date, the Trump administration has kept up

enforcement of the U.S. Foreign Corrupt Practices

Act (FCPA) cases that began under the Obama

administration. The real test, of course, will come when

new cases arise. If the result is more of the same, big

settlements remain a prospect, too.

Seven of the 13 corporate enforcement actions by

the U.S. Department of Justice (DOJ) and the U.S.

Securities and Exchange Commission (SEC) in 2017

involved non-U.S. companies. This backs up the Trump

administration’s promise to counter foreign corruption.

And if this continues — there are few signs it won’t —

individuals and foreign companies beware. See p. 6,

“New administration, same policy? Only time will tell.”

Monitorships

More than half DOJ’s 35 deferred prosecution

agreements (DPAs) and non-prosecution agreements

in 2016 saw companies hire monitors. See p. 10,

“Joint or dual monitorships — the finer points.” Six

out of 13 settlements with DOJ and the SEC resulted

in appointing monitors. These were mostly where

the companies’ internal controls had failed. Use of

monitors is here to stay.

DPAs

Worldwide take up of the DPA regime is some way

off, if not unlikely. But as interagency cooperation

and cross-border investigations increase, the UK,

France, and Italy have become a testing ground. With

prosecutors shaping how they’ll work together across

jurisdictions, you need to be aware of emerging DPAs in

Europe and how it might affect you. See p. 14, “Deferred

prosecution agreements in Europe.”

Privilege

Privilege protection varies: documents protected in

one jurisdiction may not have the same protection

elsewhere. Case law has put privilege in the spotlight in

Germany and the UK. We share steps you should know

and take. See p. 18, “Privilege protection — its limits

and good practice.”

Bribery redefined

China’s new Anti-Unfair Competition Law redefines

commercial bribery. It has wider coverage — to include

parties with influence over a transaction, for example,

though who these are remains unclear — and increased

penalties. See p. 22, “New law for China, while Hong

Kong continues with high-profile actions.” How it

works in practice won’t be known until we see judges

interpret the law.

Cooperation

International cooperation is up. Authorities and

agencies in countries in Africa and Latin America, for

example, are working with their foreign counterparts

to tackle domestic corruption. See p. 26, “Brazil and

Mexico make strides in anti-corruption enforcement”

and p. 33, “Africa leans toward cooperation.”

This trend in cooperation goes both ways. The U.S.

SEC acknowledged help in FCPA matters from

19 jurisdictions in 2017. Indeed, the larger FCPA

resolutions — Telia Company and Rolls-Royce, to

name two — were made possible through working

with foreign counterparts. Fewer countries now

go it alone, in fact, which makes it harder to

evade enforcement.

Hogan Lovells - Michael Roberts, Stephanie Yonekura, Crispin Rapinet, James G. McGovern, Isabel Costa Carvalho, Francesca Rolla, Antonin Lévy, Sebastian Lach, Eugene Chen, Luis Enrique Graham Tapia, Chalid Heyder, Liam Naidoo, Tony Canny and Mark Lin

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Filed under

  • Africa
  • Brazil
  • China
  • European Union
  • Global
  • Hong Kong
  • Mexico
  • Legal Practice
  • Litigation
  • White Collar Crime
  • Hogan Lovells

Topics

  • Bribery
  • Corruption

Laws

  • Foreign Corrupt Practices Act 1977 (USA)

Organisations

  • US Securities and Exchange Commission
  • US Department of Justice

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