Roundtable on Anti-Bribery and Anti- Corruption Compliance in Latin America Latin American Anti-Corruption Laws
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1 Roundtable on Anti-Bribery and Anti- Corruption Compliance in Latin America Latin American Anti-Corruption Laws Peter Spivack, Co-Chair, Investigations, White Collar and Fraud Practice Area Hogan Lovells October 3, 2012
2 Sources Organization of American States United Nations Office on Drugs and Crime Transparency International TRACE Business Anti-Corruption Portal 2
3 Transparency International 2011 CPI Country CPI (Rank) Chile 7.2 (22) Uruguay 7 (25) Costa Rica 4.8 (50) Brazil 3.8 (73) Colombia 3.4 (80) Peru 3.4 (80) Argentina 3.0 (100) Mexico 3.0 (100) Bolivia 2.8 (118) Ecuador 2.7 (120) Guatemala 2.7 (120) Nicaragua 2.5 (134) Paraguay 2.2 (154) Venezuela 1.9 (172) 3
4 Anti-Corruption Conventions OECD Convention Legal standards to criminalize bribery of foreign officials Argentina, Brazil, Chile, Mexico UNCAC Legal standards to criminalize domestic corruption, money laundering, international cooperation Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Paraguay, Peru, Uruguay, Venezuela OAS IACAC MESICC (Mechanism for Implementation of IACAC) reports Inter-state monitoring and compliance assessments Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatamela, Mexico, Nicaragua, Paraguay, Peru, Uruguay, Venezuela 4
5 Anti-Corruption Laws Most common anti-corruption laws: Attempted corruption Active and passive bribery Extortion Money laundering Some countries (Chile, Brazil, Argentina, Peru, Mexico, Bolivia) also punish bribery of foreign public officials by their citizens 5
6 Whistleblower Protections Protections Protection against dismissal or reprimand Confidentiality Compensation Chile Protects government employees Does not apply to employees of SOEs or private sector Peru Protects government employees Does not apply to employees in the private sector Ecuador Undermined by defamation laws 6
7 Corporate Liability Most countries do not have entity liability Exceptions Chile Criminal liability Effective compliance program is a defense Mexico New law passed in 2012 in reaction to the Walmex scandal Fines for obtaining public contracts through illegal channels Disqualification from public procurement for up to 10 years Brazil Proposed in 2010; still in Congress Fines Effective compliance program is a mitigation factor 7
8 Disqualification from Public Procurement Most countries Exceptions Venezuela Peru 8
9 Other Legislative Developments Brazil Ficha Limpa (Clean Record) Law 8 year ban from running for public office for corruption convictions or pending corruption charges Ruled constitutional in February 2012; enforcing in October 2012 municipal elections Mexico Freedom of Information Act Federal Anti-Corruption Law on Public Contracts Bolivia Law against Corruption Illicit Enrichment, and the Investigation of Assets (2010) holds former presidents and past officials accountable for past acts of corruption 9
10 Risk Areas Public procurement Tax authorities Customs entry and export Judiciary Licenses and permits Resource extraction 10
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