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CMS Guide to Anti-Bribery and Corruption Laws 2018

June 2018

We are delighted to present the fifth 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 42 countries. We include full coverage of the BRIC nations, as well as increased coverage in Asia (China, Singapore, Thailand, Malaysia and Indonesia), the Middle East (the UAE, Saudi Arabia and Oman) and South America (Brazil, Mexico, Chile and Colombia).

Since the last edition was published in 2016, there have been significant changes to the global anti-corruption landscape. Many of the countries covered in the following pages have updated, strengthened and widened the scope of their anti-corruption laws. Only 10 countries who were covered in the last edition have made no changes at all. For example, the introduction of the Sapin II Law in France aims to bring French anticorruption legislation in line with international standards in the fight against corruption. The new French law includes the creation of a new anti-corruption agency (Agence française anticorruption), and obliges companies with at least 500 employees and a turnover exceeding EUR 100m to implement a programme to prevent and detect corruption. In a further example, Australia’s Criminal Code Act 1995 (Cth) is expected to be amended by the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Cth), which will introduce a new strict corporate liability offence for bribery of foreign officials conducted by its associates for the profit or gain of the company, even if the conduct occurred outside of the jurisdiction. The Australian chapter is prepared on the basis that the Bill is enacted into law later this summer.

The majority of countries provide for private sector bribery offences, with only 11 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). Five countries (Australia, Chile, Italy, Switzerland 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.  This shows the global trend to hold corporates to account for their employees’ actions and a shift in attitudes towards corporate responsibility.

As with previous editions, in this Guide we provide answers to the following key questions for each of the 42 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 wish to thank all those who have contributed to this Guide. We would also particularly like to thank contributors from:

  • Khaitan & Co., the leading Indian law firm with offices in Mumbai, New Delhi, Kolkata and Bangalore, for their continued contribution to the Guide.
  • Rajah & Tann Asia (a transnational law firm, with offices across Asia) for contributing chapters on Thailand, Malaysia and Indonesia.
  • Corrs Chambers Westgarth, Australia’s leading law firm, for contributing the chapter on Australia.
  • Feras Al Shawaf, CMS’ partner firm in Saudi Arabia, for contributing the chapter on Saudi Arabia – one of nine new countries added to this edition of the Guide.

Contact details of all our key contributors are at the back of the Guide. Please do not hesitate to contact them with any questions you may have.

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CMS Guide to Anti-Bribery and Corruption Laws 2018
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Authors

Portrait of Nick Beckett
Nick Beckett
Managing Partner
Beijing
Portrait of Zsolt Okányi
Dr. Zsolt Okányi
Partner
Budapest
Portrait of Mirko Daidone
Mirko Daidone
Managing Partner
Tirana
Portrait of Edita Poro
Edita Poro
Portrait of Jean-François Goffin
Jean-François Goffin
Partner
Brussels
Portrait of Grégory de Sauvage
Grégory de Sauvage
Senior Associate
Brussels
Portrait of Atanas Bangachev
Atanas Bangachev
Partner
Sofia
Portrait of Nedžida Salihović-Whalen
Nedžida Salihović-Whalen
Partner
Sarajevo
Portrait of Indir Osmić
Indir Osmić
Partner
Sarajevo
Portrait of Rodrigo Campero
Rodrigo Campero, LL.M.
Partner
Santiago
Portrait of Peter Huber
Peter Huber
Partner
Vienna
Portrait of Ted Rhodes
Ted Rhodes
Partner
Rio de Janeiro
Rita Zanforlin
Portrait of Ulrike Glueck
Dr. Ulrike Glueck
Managing Partner
Shanghai
Portrait of Sergio Rodríguez-Azuero
Sergio Rodríguez-Azuero
The Senior Partner
Bogotá
Portrait of Daniel Rodríguez, LL.M.
Daniel Rodríguez, LL.M.
Partner
Bogotá
Stéphanie de Giovanni
Portrait of Véronique Bruneau-Bayard
Véronique Bruneau-Bayard
Associate
Paris
Portrait of József Kohl
József Kohl
Senior Associate
Budapest
Portrait of Markus Schöner
Dr. Markus Schöner, M.Jur. (Oxford)
Partner
Hamburg
Portrait of Harald W Potinecke
Dr. Harald W Potinecke
Partner
Munich
Portrait of Florian Block
Florian Block
Partner
Munich
Portrait of Tomáš Matĕjovský
Tomáš Matĕjovský
Partner
Prague
Portrait of Petr Beneš
Petr Beneš
Senior Associate
Prague
Portrait of Emilio Battaglia
Emilio Battaglia
Partner
Rome
Portrait of Olivier Marquet
Olivier Marquet
Avocat Associé | Managing Partner
Monaco
Portrait of Arkadiusz Korzeniewski
Arkadiusz Korzeniewski
Partner
Warsaw
Portrait of Maciej Kopczynski
Maciej Kopczynski
Senior Associate
Warsaw
Portrait of Mariusz Minkiewicz
Mariusz Minkiewicz
Senior Associate
Warsaw
Portrait of Leonard Böhmer
Leonard Böhmer
Partner
Utrecht
Portrait of Ben Ewing
Ben Ewing
Partner
Muscat
Vanessa Cisneros
Portrait of Carolina Cueva
Carolina Cueva
Partner
Lima
Portrait of Andrea Baptista
Andrea Baptista
Senior Associate
Lisbon
Portrait of Petra Čorba Stark
Petra Čorba Stark
Partner
Bratislava
Portrait of Peter Šimo
Peter Šimo
Of Counsel
Bratislava
Gabriel Sidere
Portrait of Horia Draghici
Horia Draghici
Partner
Bucharest
Luka Fabiani
Maja Pukl
Portrait of Maja Zgajnar
Maja Zgajnar
Partner
Ljubljana
Lakshanthi Fernando
Mun Yi Lee
Portrait of Portrait of Bernhard Lötscher
Bernhard Lötscher
Partner
Zurich
Olexander Martinenko
Portrait of Maria Orlyk
Maria Orlyk
Managing Partner Kyiv
Kyiv (CMS RRH)
Portrait of Omar Qureshi
Omar Qureshi
Partner
London
Portrait of Amy Wilkinson
Amy Wilkinson
Senior Associate
London
Portrait of Alican Babalioglu
Alican Babalioglu
Managing Partner
Istanbul
Portrait of John O'Connor
John O'Connor
Partner
Dubai
Portrait of Harkee Wilson
Harkee Wilson
Legal Director
Dubai
Hassan Khalife
Consultant
Dubai
Portrait of Jessica Foley
Jessica Foley
Senior Associate
London
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