Anti-Corruption Regulation Survey Of Select Countries 2013
Welcome to the 2013 edition of the Jones Day Anti-Corruption Regulation Survey of Select Countries. We have added Mozambique, Timor-Leste and Singapore to the survey this year in light of their increasing importance to different segments of our client base. This brings to 36 the total number of countries covered by the Survey. We have kept the same uniform format for each country summary as in the 2012 edition. That format is explained below.
There is an increasing awareness among multinational companies of the significance of anti-corruption regulations in many countries and the potential risk of violating these regulations or being associated with companies or individuals that are engaged in such violations.
The United States has become increasingly aggressive in enforcing its anti-corruption regulations, including as to non-U.S. companies operating outside of the U.S. with limited connections to the U.S. The United Kingdom has also recently adopted wide-ranging anti-corruption regulations covering extra-territorial conduct. Even though the regulatory and enforcement environments vary widely from country to country, there has been a clear movement in many countries toward increased regulation and stricter enforcement.
This Survey is intended to give an overview snapshot of the complex and evolving anti-corruption regulations in 36 developed and developing countries. Ways in which it 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 the potential target of M&A or partner of a joint venture. 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 to give a sense of potential landmines 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 a compliance program, whether on a country, regional or global basis. As a baseline starting point, one needs to have an understanding whether a particular action (for example, certain gifts or entertainment) would violate local regulations. In this Survey, the...
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