Welcome to the 2019 edition of the Jones Day Anti-Corruption Regulation Survey of Select Countries. Since the 2017–2018 edition of this Survey, there has continued to be an increasing awareness among multinational companies of the significance of anti-corruption regulations in foreign countries and the potential risks of violating these regulations or of being associated with companies or individuals that have violated such regulations.
A number of countries made significant changes to their anti-corruption regulations in 2018 and 2019 to date, including, among others, Chile, India, Indonesia, Italy, Malaysia, Myanmar, Philippines, South Korea, Thailand and Vietnam. Furthermore, since 2018, there have been significant developments in several countries related to anti-corruption, especially with respect to enforcement practice and policy, such as in Brazil, South Africa, the United Kingdom and the United States. Other countries included in this Survey have indicated proposed amendments to anti-corruption regulations, the restructuring of anti-corruption enforcement bodies and enhanced coordination with the anti-corruption authorities of other jurisdictions. The 2019 edition of this Survey includes Qatar, a jurisdiction that had not been covered in previous years.
This Survey is intended to provide an overview of the complex and evolving anti-corruption regulations in the 42 countries covered herein. Ways in which this Survey may be useful will vary depending on a company’s situation and needs. A few examples follow:
- Due diligence. This Survey may be useful to give a sense of key aspects of anti-corruption regulations that apply to potential M&A targets and joint venture partners.
- Prospective business partners. If a company is considering entering into a relationship with a business partner (e.g., vendor or customer) from another country, this Survey may be useful in giving a sense of potential areas of risk in relation to the partner’s local business activities.
- Considering efficacy of compliance programs. This Survey may be helpful in considering whether and how to develop, assess and enhance an anti-corruption compliance program, whether on a national, regional or global basis. As a starting point, one needs to have an understanding of whether a particular action (for example, certain gifts or entertainment) may potentially violate local regulations.