On January 23, 2018, it was announced that the UK’s Serious Fraud Office (SFO) and Brazil’s Office of the Prosecutor General (PGR) entered into a Memorandum of Understanding (“MOU”) to strengthen international cooperation and exchange of information between these agencies in fraud, corruption and other white-collar crime investigations and enforcement actions.
The MOU affirms the agencies’ commitment to work together in the investigation and prosecution of serious or complex offences involving fraud, bribery and corruption, and establishes Single Points of Contact (“SPOC”) for both the SFO and PGR through whom the parties shall exchange information voluntarily or in response to a request. The recipient of the information can only use the data for the purposes for which it has been received and must ensure that only those who have a genuine business need to see that data will have access to it, among other obligations and precautions.
The MOU was welcomed by Alistair Graham, anticorruption & compliance partner in Mayer Brown’s London office, and his colleague Luís Adams, anticorruption & compliance partner in the Brasília office of Tauil & Chequer Advogados in Association with Mayer Brown.
Mr. Graham said “This welcomed development demonstrates the SFO’s ongoing commitment to investigating bribery and anti-corruption affecting UK companies and nationals wherever in the world it may occur. It also demonstrates that the SFO continues the momentum developed during the tenure of its current director, David Green.”
Luís Adams added “It is a positive step that the Prosecutor General Office continues to strengthen its cross-border relations with fellow investigating authorities in other jurisdictions. We have seen many multijurisdictional investigations in the last couple of years, culminating in joint enforcement action by multiple authorities and agencies in different countries. The Rolls-Royce settlement (approximately £671 million), for example, was the result of successful coordinated actions between the SFO, the Brazilian Prosecutor General Office and the US Department of Justice.”