The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Articles By Topic

By Topic: E.U.

  • From Vol. 6 No.8 (Apr. 26, 2017)

    Compliance Implications of Brexit

    Britain’s formal withdrawal process from the E.U. has begun, and while E.U. treaties will shape what that process will look like, the timeline for Brexit is fluid and its effect on the European business climate is unclear. At SCCE’s 5th Annual European Compliance & Ethics Institute recently held in Prague, a panel of experts discussed the Brexit procedure, and what it may mean for compliance in the U.K. The panel included Matthew Holehouse, a journalist at MLEX Market Insight; Keith Benjamin, the global director and head of compliance for Jaguar/Land Rover; and André Bywater, a partner at Cordery Compliance. The panel was moderated by Jonathan Armstrong, who is also a partner at Cordery. See “Bribery Act Experts Discuss the Impact of Brexit, DPAs and Other U.K. Developments” (Jul. 13, 2016).

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  • From Vol. 5 No.25 (Dec. 21, 2016)

    Navigating Data Privacy Laws in Cross-Border Investigations

    Conducting a cross-border investigation or performing global due diligence each has its own set of unique challenges, which only become more formidable when coupled with a formal anti-corruption inquiry. In the E.U. in particular, issues range from confusing and often conflicting privacy laws, to language and cultural barriers, to custodian access and local coordination. In a guest article, Deena Coffman and Nina Gross, managing directors at BDO, provide insight on the data privacy landscape in the E.U. and how to comply with competing demands during a cross-border investigation. See “Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U. (Part One of Three)” (Jan. 9, 2013); Part Two (Jan. 23, 2013); Part Three (Feb. 6, 2013).

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  • From Vol. 5 No.21 (Oct. 26, 2016)

    Despite Anemic Prosecutions, France Moves Toward Increased Anti-Corruption Enforcement

    France’s anti-corruption enforcement track record leaves much to be desired. Despite having relatively well developed and robust anti-corruption legislation, as recently as 2008 there had been no convictions in France for foreign bribery offences. An awareness of such issues has been present for years, and notably has been raised by organisations including the OECD, however, little progress has been made by way of effective reform. In a guest article, Jonathan Mattout, a partner in in the Paris office of Herbert Smith Freehills, details recent and upcoming enhancements to the French ABC laws. See “Recordbreaking Alstom Criminal FCPA Settlement Results From Wide-Ranging Bribery Scheme and Lack of Cooperation” (Jan. 7, 2015). 

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  • From Vol. 5 No.21 (Oct. 26, 2016)

    Lynch’s Visit to Italy Highlights International Cooperation and Enforcement

    On October 20, 2016, U.S. Attorney General Loretta E. Lynch and Italian Minister of Justice Andrea Orlando hosted a meeting about international cooperation in the fight against organized crime and corruption. The meeting focused on the recent achievements and future developments of the collaboration between the U.S. and the Italian governments in the judicial field. In a guest article, Italian lawyers Roberto Cursano and Riccardo Ovidi, counsel and associate at Studio Professionale Associato at Baker & McKenzie discuss the key takeaways from the meeting, arguing that the meeting’s focus on collaboration confirms that companies should take into account the transnational dimension of anti-corruption enforcement when formulating their compliance programs. See “The Italian Organismo di Vigilanza, A Model for an Effective Compliance Committee” (Jun.15, 2016).

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  • From Vol. 5 No.17 (Aug. 31, 2016)

    Regional Risk Spotlight: Livia Zamfiropol of DLA Piper Discusses Recent Trends in Romania’s Anti-Corruption Enforcement

    While the countries that make up the E.U. are often treated as a uniform block, the U.K.’s recent decision to exit from the Union underscores that each European country has its own culture and laws that can lead to unique political outcomes. Thus, it is important for companies operating in Europe to understand each nation’s anti-corruption laws and the related enforcement environment. In this installment of The FCPA Report’s Regional Risk Spotlight, we speak with Livia Zamfiropol, a partner in DLA Piper’s office in Bucharest, about an increase in corruption prosecutions in Romania and what companies need to know to stay ahead of the curve. See “Regional Risk Spotlight: What Companies Need to Know About Internal Investigations in South Africa” (Jul. 27, 2016).

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  • From Vol. 5 No.13 (Jun. 29, 2016)

    Foreign Attorneys Share Insight on Data Privacy and Privilege in Multinational Investigations

    Multi-jurisdictional anti-corruption investigations are proliferating and subject companies must manage competing requests and competing legal regimes. At the recent White Collar Crime Institute presented by the New York City Bar Association, a panel of foreign lawyers delved into the challenges faced by counsel confronting multinational regulatory actions, including coordinating requests from multiple jurisdictions, preserving attorney-client privilege, conducting witness interviews and navigating data privacy laws. The panel featured attorneys based in London, Geneva, Hong Kong and Sao Paulo. See “How the Expanding Petrobras Scandal May Spark a New Era of Multi-Lateral Enforcement” (Dec. 2, 2015).

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  • From Vol. 5 No.4 (Feb. 24, 2016)

    Deal Struck to Keep Transatlantic Data Flowing

    Two days after the expiration of a deadline set by Europe’s data protection authorities, and after months of negotiations, the European Commission and U.S. Department of Commerce reached an understanding that intends to allow transatlantic transfer of digital data by thousands of companies to continue, including the data flowing in cross-border anti-corruption investigations. The so-called “Privacy Shield” agreement “makes existing cooperation between the FTC and E.U. DPAs [data protection authorities] more robust, with better enforcement mechanisms and means of redress for E.U. citizens whose privacy rights may have been infringed by E.U.-U.S. cross-border transfers,” Davina Garrod, a London-based Akin Gump partner, said. However, she added that “the shield is by no means a panacea, and does not fix all of the problems identified by the [E.U. Court of Justice] in the Schrems judgment” that invalidated the previous Safe Harbor data transfer pact. We discuss the agreement, important steps that remain before the Privacy Shield can be finalized, and the immediate impact on cross-border investigations and other data exchanges with the E.U. See “Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U. (Part One of Three)” (Jan. 9, 2013); Part Two (Jan. 23, 2013); Part Three (Feb. 6, 2013).

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  • From Vol. 4 No.21 (Oct. 21, 2015)

    A Dangerous Harbor?  Analyzing the European Court of Justice Ruling

    An Austrian graduate student’s lawsuit against Facebook has resulted in the invalidation of a 15-year old data privacy treaty relied upon by thousands of multi-national companies.  On October 6, 2015, the Court of Justice of the European Union (ECJ), the highest court in the E.U., held that the Safe Harbor framework that allowed companies to transfer personal data from the E.U. to the U.S., including data for cross-border investigations and discovery, is invalid.  The ECJ found that the U.S. does not ensure adequate protection for personal data, primarily because of the access rights that the ECJ said U.S. agencies have.  Although the ruling is immediate, the “sky is not falling,” said Harriet Pearson, a partner at Hogan Lovells.  On October 16, 2015, a group of E.U. member state privacy regulators, the Article 29 Working Party, called for renewed negotiations on a treaty and recommended interim actions for companies.  There will need to be a “transition to a more complex and perhaps a more work-intensive compliance strategy than Safe Harbor had previously afforded companies,” Pearson said.  See “Checklist of Actions to Take and Issues to Consider When Navigating Data Privacy and Anti-Corruption Issues,” The FCPA Report, Vol. 2, No. 21 (Oct. 23, 2013).

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  • From Vol. 3 No.10 (May 14, 2014)

    Corruption Risks and Anti-Corruption Strategies in the E.U.

    Europe may not be an emerging market, but, as the European Commission’s first Anti-Corruption Report detailed, there are pervasive corruption risks in Europe that companies must navigate; risks made more pressing by increased anti-corruption enforcement in the E.U. as well as the evolving requirements of the laws there.  In a recent Strafford Publications webinar, K&L Gates partner Edward J. Fishman, along with associates Laura Atherton from the firm’s London office and Isabelle De Smedt from the firm’s Brussels office, examined the corruption risks in the region and offered strategies for mitigating those risks.  The panelists reviewed the E.C.’s February Anti-Corruption Report, the related climate of corruption and the existing corruption laws and shared best practices for an effective compliance program.  See also “Eye-Opening Report Helps Companies Tackle European Corruption Risks,” The FCPA Report, Vol. 3, No. 6 (Mar. 19, 2014).

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  • From Vol. 3 No.8 (Apr. 16, 2014)

    Compliance Strategies in Advance of the Sweeping New E.U. Data Protection Regulation

    The current fragmented system of data protection laws in the E.U., so often a complicating factor in cross-border anti-corruption investigations, is on the verge of a significant overhaul.  The European Parliament voted overwhelmingly in support of proposing the General Data Protection Regulation last month with a vote of 621-10.  The Regulation outlines a data protection framework that would replace the existing framework of Member State-specific laws.  This article analyzes the new Regulation with insights derived from a recent webinar hosted by the Society of Corporate Compliance and Ethics and led by Robert Bond, a partner and Head of Data Protection & Information Security at Speechlys Bircham in London.  Bond’s program focused on the potential timeline of the proposed Regulation as well as four practical changes that companies should consider if the Regulation is enacted within the E.U.  For an in-depth analysis of the current E.U. data protection framework and FCPA compliance, see “Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U. (Part One of Three),” The FCPA Report, Vol. 2, No. 1 (Jan. 9, 2013); Part Two of Three, Vol. 2, No. 2 (Jan. 23, 2013); Part Three of Three, Vol. 2, No. 3 (Feb. 6, 2013).

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  • From Vol. 3 No.6 (Mar. 19, 2014)

    Eye-Opening Report Helps Companies Tackle European Corruption Risks  

    "Breathtaking” is how one European Commissioner characterized the corruption described in the European Commission’s February 2014 Anti-Corruption Report, which details each E.U. Member State’s efforts in fighting corruption and provides advice for improving the effectiveness of those efforts.  In a guest article, Antonio Suarez-Martinez and James Maton, partners in Edwards Wildman Palmer LLP’s London office, analyze the Report and the relevant takeaways for companies doing business in Member States.  For more insight from Edwards Wildman, see “Collateral Consequences of Bribery: When Can Ethical Competitors Initiate Suit in the U.S. and U.K.?,” The FCPA Report, Vol. 2, No. 10 (May 15, 2013).

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