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CMS Guide to Anti-Bribery and Corruption Laws

We are delighted to present the sixth edition of the CMS Guide to Anti-Bribery and Corruption Laws

This edition of the Guide covers more countries than ever before, assessing the laws in 45 countries. We include full coverage of the BRIC nations, as well as Asia (China, Singapore, Thailand, Malaysia and Indonesia), the Middle East (the UAE, Saudi Arabia and Oman), South America (Brazil, Mexico, Chile and Columbia) and increased coverage in Africa (Kenya, Nigeria and South Africa).

The global anti-corruption landscape is ever evolving and we have seen many significant changes since we published the last edition of the Guide in 2018. Many of the countries in the following pages have updated, strengthened and widened the scope of their anti-corruption laws. For example, the introduction of the Bribe Destroyer Law in Italy in 2019 has resulted in more severe penalties, a widening of the definition of public officials to include those working in public international organisations and the introduction of a new offence of undue trading of influence, which attracts criminal corporate liability.

More generally, we have seen more countries introducing corporate liability for bribery offences. In both India and Malaysia, the law has been updated to include a corporate offence (with an adequate procedures/compliance defence). We have also seen a trend of increasing the level of maximum penalties available for bribery offences, with harsher penalties being made available to prosecutors in 11 jurisdictions spanning four continents (although bucking the trend we have seen maximum penalties reduced in Switzerland and the Netherlands).

The majority of countries provide for private sector bribery offences, with only six having offences that only apply to bribing public sector officials. Almost all countries recognise the concept of corporate liability for bribery (with the exception of Bulgaria and Oman, where only individuals can be prosecuted), albeit that in five jurisdictions only civil or administrative penalties can be applied to corporates (Brazil, Colombia, Germany, Hungary and Mexico). Nine countries (Australia, Chile, India, Italy, Kenya, Malaysia, Switzerland, Ukraine and the UK) now provide for a specific corporate offence whereby a corporate will be criminally liable for failure to prevent representatives committing bribery on its behalf.

As with previous editions, in this Guide we provide answers to the following key questions for each of the 45 countries:

  • What are the offences?
  • Who can be liable and when?
  • What are the penalties?
  • What are the defences?

We hope you find the Guide useful.

We would also particularly like to thank contributors from: Corrs Chambers Westgarth, Feras Al Shawaf, Khaitan & Co., Rajah & Tann Asia and Udo Udoma & Belo-Osagie.

Contact details of all our key contributors are available below. Please do not hesitate to contact them with any questions you may have.

Publication
CMS Guide to Anti-Bribery and Corruption Laws 2021
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Authors

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Harkee Wilson
Harkee Wilson
Legal Director
Dubai
Peter Huber
Peter Huber
Partner
Attorney-at-law for corporate law/M&A
Vienna
Ted Rhodes
Ted Rhodes
Partner
Office Managing Partner
Rio de Janeiro
Rita Zanforlin
Rita Zanforlin
Senior Associate
(Admitted in New York)
Rio de Janeiro
Philipp Senff
Philipp Senff
Partner
Head of Compliance, CMS China
Shanghai
Jacques Simhon, LL.M.
Jacques Simhon, LL.M.
Partner
Bogotá
Daniel Rodríguez, LL.M.
Daniel Rodríguez, LL.M.
Partner
Bogotá
Markus Schöner
Dr. Markus Schöner, M.Jur. (Oxford)
Partner
Rechtsanwalt
Hamburg
Florian Block
Florian Block
Partner
Rechtsanwalt
Munich
Filip Gvozdek
Filip Gvozdek
Associate
Prague
Zsolt Okányi
Dr. Zsolt Okányi
Partner
Global Head of Dispute Resolution, CMS, Head of Dispute Resolution, Hungary
Budapest
József Kohl
József Kohl
Senior Associate
Budapest
Emilio Battaglia
Emilio Battaglia
Partner
Rome
Leonard Böhmer
Leonard Böhmer
Partner
Advocaat
Utrecht
Kananu Mutea
Kananu Mutea
Partner
Lawyer
Nairobi
Joy Impano
Joy Impano
Associate
Lawyer
Nairobi
Olivier Marquet
Olivier Marquet
Avocat Associé | Managing Partner
Monaco
Vivian Walry
Vivian Walry
Partner | Avocat à la Cour
Luxembourg
Ben Ewing
Ben Ewing
Partner
Muscat
Arkadiusz Korzeniewski
Arkadiusz Korzeniewski
Partner
Head of White Collar Crime, CEE
Warsaw
Gabriel Sidere
Gabriel Sidere
Managing Partner
Bucharest
Maciej Kopczynski
Maciej Kopczynski
Senior Associate
Warsaw
Petra Čorba Stark
Petra Čorba Stark
Partner
Head of Corporate/M&A
Bratislava
Sergey Yuryev
Sergey Yuryev
Partner
Head of Dispute Resolution
Moscow
Maja Zgajnar
Maja Zgajnar
Partner
Ljubljana
Ljubljana
Alican Babalioglu
Alican Babalioglu
Managing Partner
Lawyer
Istanbul
Omar Qureshi
Omar Qureshi
Partner
Head of Corporate Crime
London
Carlos Aguilar
Carlos Aguilar
Partner
Madrid
Jorge Martínez
Jorge Martínez
Senior Associate
Madrid
Amy Wilkinson
Amy Wilkinson
Senior Associate
London
Maria Orlyk
Maria Orlyk
Managing Partner Kyiv
Kyiv (CMS RRH)
Portrait of Bernhard Lötscher
Bernhard Lötscher
Partner
Head of White Collar Crime Team
Zurich
Sébastien Moret
Dr Sébastien Moret, LL.M.
Associate
Zurich

Expertise

Key contact

Omar Qureshi
Omar Qureshi
Partner
Head of Corporate Crime
T +44 20 7367 2573

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