- Increasing number of countries are introducing corporate criminal liability legislation
- 36 jurisdictions recognize either criminal or administrative liability for legal entities when their employees participated in bribery-related crimes
Baker & McKenzie has released the second edition of its Global Overview of Anti-Bribery Laws ("Global Overview") as it looks to help compliance officers and legal departments safely navigate and protect companies from the consequences of bribery and corruption. So far in 2016 there have been several high-profile examples of anti-bribery and corruption enforcement, with more and more countries stepping up their efforts, as well as introducing corporate criminal liability legislation.
“As the battle against corruption continues, it is encouraging to see these developments and countries taking action. The threat of exposure is even greater today than yesterday, with increased investigative journalism breaking open corporate scandals, and whistleblower activism at an all-time high,” says Rafael Jimenez-Gusi, a leader of Baker & McKenzie's compliance practice in EMEA. “Anti-corruption is now a key issue for lawmakers and politicians worldwide, evident by the number of jurisdictions that recognize the need for a legally well-defined compliance program. We are assisting clients to use innovative disruption to change old business models and find new solutions that reduce and mitigate bribery and corruption risk in high-risk jurisdictions.”
Compiled alongside Thomson Reuters, the Global Overview is the result of the collective efforts of close to 100 of its compliance and investigations practitioners, covering 46 jurisdictions, where the Firm has local teams with extensive expertise advising clients on compliance and investigations as well as on anti-bribery laws. Out of the 46 jurisdictions analyzed in the publication, 38 recognize either criminal or administrative liability for legal entities when their employees participated in bribery-related crimes. Seven jurisdictions regulate by law the content of compliance programs, and in another twenty one, case law takes into account the existence of a compliance program to mitigate or even exempt the legal entity from liability derived from bribery-related crimes.
Baker & McKenzie Anti-Bribery Laws Global Heatmap
Each country chapter covers the following:
- Domestic bribery (Private-to-Public and Private-to-Private)
- Corruption of foreign public officials
- Facilitation payments
- Compliance programs
- Regulators with jurisdiction to prosecute corruption
The Global Overview offers an excellent overview of the relevant anti-bribery laws regulating domestic bribery -- both private to public and private to private -- along with corruption of foreign public officials, as well as practices to mitigate the potential criminal liabilities as well as administrative and reputational risks associated with bribery and corruption.
To obtain a copy please click here, or email Jean.Montecillo-Romero@bakermckenzie.com.