The FCPA Report

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

Articles By Topic

By Topic: Southeast Asia

  • From Vol. 6 No.4 (Mar. 1, 2017)

    SFO Arrives in the Anti-Corruption Premier League With Rolls-Royce Settlement

    The U.K.’s Serious Fraud Office has struggled for legitimacy in recent years, with a limited number of enforcement actions under its belt and a shrinking budget. But its recent settlement with Rolls-Royce has established it as a force to be reckoned with in global anti-corruption enforcement. “The settlement catapults the SFO into the Premier League of global anti-bribery law enforcement,” said London-based Barry Vitou, head of Pinsent Masons’ corporate crime team. But is it sending mixed messages about the value of cooperation and self-reporting? For more on the settlement, see “Rolls-Royce Settlement Offers Lessons on How to Pay Commissions Without Corruption” (Feb. 15, 2017).

    Read Full Article …
  • From Vol. 6 No.3 (Feb. 15, 2017)

    Rolls Royce Settlement Offers Lessons on How to Pay Commissions Without Corruption

    Rolls Royce’s recent massive settlement with U.S., U.K. and Brazilian authorities is a stark reminder of the anti-corruption risks associated with intermediaries, agents and fixers when negotiating contracts with state-owned entities. Commissions paid by Rolls Royce to its agents – including notorious oil-and-gas “solutions” provider Unaoil – often were eventually passed on to foreign officials to close deals, netting Rolls Royce a global settlement for hundreds of millions of dollars. In this first article discussing the case, we look at the bribes Rolls Royce paid, how its compliance program failed to prevent them and what companies can do to make sure that commissions paid to agents are not used improperly. In a second article, we will look at the implications for cooperative U.S. and U.K. enforcement and what the SFO is looking for in terms of cooperation and remediation. See “Bribery Act Experts Discuss the Impact of Brexit, DPAs and Other U.K. Developments” (Jul. 13, 2016).

    Read Full Article …
  • From Vol. 6 No.1 (Jan. 18, 2017)

    Regional Risk Spotlight: Myanmar Trips on Legacy of Corruption As It Moves Toward Greater Transparency

    In 2011, Myanmar’s military junta stepped aside after almost half a century in power, and a civilian government began the process of normalizing relations with the West. Since then the country has been rocked by ethnic conflict and civil war, but, by most accounts, the country’s leadership has made steady progress in establishing the legal, financial and civic institutions upon which a more equitable society may be built, including the passage of the Anti-Corruption Law in 2013. Myanmar’s efforts to instill a culture of anti-corruption among officials has largely been successful despite a weak record of enforcement activity, anti-corruption lawyers and political risk consultants based in the region told The FCPA Report’s sister publication Policy and Regulatory Report (PaRR). See “Regional Risk Spotlight: Douglas Mancill of PriceSanond Explains the Thai Corruption Landscape” (Nov. 18, 2015).

    Read Full Article …
  • From Vol. 5 No.10 (May 18, 2016)

    Regional Risk Spotlight: Reed Smith’s Calvin Chan Discusses Singapore’s Vigorous Anti-Corruption Enforcement

    Singapore, located in the heart of Asia, is surrounded by countries known to be hotbeds of corruption. Yet, the small island city-state is widely considered to be one of the lowest-risk countries in the world, ranking 8th out of 168 countries on the Transparency International Corruption Index, just below low-risk countries such as Switzerland and Norway and above the United States. This does not mean operating in Singapore is free of risk – both the prevalence of government-linked companies and Singapore’s own anti-corruption authorities complicate the corruption landscape. The FCPA Report recently spoke with Calvin Chan, a partner in Reed Smith’s Singapore office, about the state of anti-corruption compliance in Singapore. See previously “Regional Risk Spotlight: Baker & McKenzie Lawyers Discuss Italy’s Corruption Risks and Unique Compliance Model” (Apr. 20, 2016). 

    Read Full Article …
  • From Vol. 4 No.24 (Nov. 18, 2015)

    Regional Risk Spotlight:  Douglas Mancill of PriceSanond Explains the Thai Corruption Landscape

    The development boom in resort areas, local laws (such as defamation laws, work permit laws and a new foreign bribery law) and other cultural and legal dynamics in Thailand complicate the anti-corruption compliance landscape there.  The FCPA Report spoke to Douglas Mancill, a Bangkok-based partner at PriceSanond, about the corruption risks on the ground in Thailand and how to navigate them.  See also “Analyzing and Addressing Corruption Risks in Southeast Asia,” The FCPA Report, Vol. 3, No. 18 (Sep. 10, 2014).

    Read Full Article …
  • From Vol. 3 No.18 (Sep. 10, 2014)

    Analyzing and Addressing Corruption Risks in Southeast Asia

    Companies operating in Southeast Asia stand to profit significantly from the unique business opportunities in the region but also face extensive corruption risks – risks rooted in that region’s politics, traditions, laws and more.  At a recent webinar hosted by Strafford Publications, anti-corruption experts discussed the intricacies of operating in ASEAN countries.  The panelists included: Edward Fishman, a partner at K&L Gates; Neil McInnes and Barry Vitou, partners at Pinsent Masons and Matthew Reinhard, a member at Miller & Chevalier.  This article outlines region-wide and country-specific corruption risks as well as some of the best practices the panelists discussed for addressing those risks.

    Read Full Article …