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October 2012

Compendium Roundup

This month, TRACE sent out an Alert regarding the first Opinion Procedure Release of 2012 issued by the Department of Justice. A lobbying firm had requested an opinion about the use of a particular consultant who has connections to the ruling royal family in a foreign country. In an opinion that helps to clarify the definition of "foreign official" within the meaning of the FCPA, the DOJ stated that in this case the royal family member would not be deemed to be a "foreign official" for purposes of FCPA enforcement. The complete Compendium summary for this Opinion Procedure Release is available here.

 

New disclosures were made by Beam Inc., Central European Distribution Corp. and Owens-Illinois Inc., which may result in formal investigations by U.S. or other authorities. The Compendium summaries for these cases may be viewed here (Beam), here (CEDC) and here (O-I).

      

This month, TRACEblog offers insights into two lawsuits challenging the new conflict minerals and oil and gas industry reporting rules issued pursuant to the Dodd Frank Wall Street Reform and Consumer Protection Act. Also on the domestic front, the blog covers bribery found by the U.S. Congressional Intelligence Committee in the investigation of two Chinese telecommunications companies; and a new compliance team introduced at News Corporation. The virtues of collective action are presented, in light of a new book to which TRACE president Alexandra Wrage contributed a chapter, as are the advantages of on-line training.

 

Indices about the defense industry, and surveys about the diminishing use of facilitation payments, also formed the subjects of posts on TRACEblog this month. In the UK, the Serious Fraud Office explained its new approach to self-reporting, while confirming the legal view of corporate hospitality (which is sometimes fine), and facilitation payments (which are never acceptable). The UK also newly adopted the use of Deferred Prosecution Agreements in some cases, including corruption prosecutions.

 

The corruption woes of Spanish folk idol Isabel Pantoja were the subject of an early post this month. The blog also examined new manifestations of anti-corruption sentiment in India, powerful and corrupt families in Malaysia, endeavors to fight corruption in Vietnam, and an Egyptian tycoon whose corruption has caused him to fall from grace. TRACEblog examined the prosecutor's appeal of the light sentence given to the former prime minister of Israel, who faces additional prosecution for corrupt land development deals. The Blog also offered an update on Brazil's Mensalao political corruption trial, in which three dozen politicians and businessmen are being tried for corruption-related offenses.

 

Finally, Europe gets poor marks for failing to prevent the laundering of money from illegal fishing, and France gets a mediocre report card from the OECD for failing to enforce its anti-corruption laws.

Articles and Books

A new book edited by one of the most distinguished names in the anti-corruption world offers insights into the use of collective action to combat international bribery. Mark Pieth brings together the experience and insights of 23 prominent authors. With the publication of the book, the Basel Institute is launching an International Center for Collective Action (ICCA), to serve as a resource for companies seeking to improve their anti-corruption programs. As TRACE president Alexandra Wrage details in the chapter entitled, "Collective Action: a compliance case study," collective action in the compliance world, particularly anti-bribery compliance, helps to both enable a more powerful response to a bribe solicitation and to reduce the time and resources associated with compliance. The book is available for purchase here.

 

 By AlexandraWrage, Corporate Counsel, October 24, 2012
 

 By Alexandra Wrage, October 23, 2012

 
By Alexandra Wrage, October 04, 2012 
TRACE Partner Firms
 

In an article published by TRACE's partner firm in Ireland, Arthur Cox, a draft of Ireland's proposed comprehensive anti-corruption law is analysed. TRACE partners with one law firm in over 130 countries. The firms provide valuable information and expertise regarding local anti-bribery laws and regulations, for the benefit of TRACE member companies. A TRACEblog post reviewing the draft scheme, and a post by the authors, Ms. Gallagher and Mr. Glynn, in which they review the Criminal Justice Act of 2011, are available here and here.

Featured Tool - Online Antibribery Training
   

While online training should never substitute for live training, it serves as the workhorse of your training program. It is efficient, cost-effective, easily documented and scored, accessible on every computer in every corner of the world, and available in the language of the person being trained. TRACE recently created its own online training modules based on our years of experience in anti-bribery compliance. Two versions are available: one suitable for training employees and one tailored to the unique risks faced by third party intermediaries and agents. Both versions are available in ten languages and make use of appealing, real-life scenarios to teach appropriate conduct in a variety of situations. The training modules are integrated with a learning management system, allowing companies to efficiently assign and track training. The best part is that TRACE member companies can train an unlimited number of their employees and intermediaries for no fee. More information can be found here or by sending an email to [email protected].

 
TRACE Anti-Bribery Specialist Accreditation (TASA) provides comprehensive training in anti-bribery compliance fundamentals and best practices and anti-bribery law. Candidates gain in-depth insight into topical, industry and regional anti-bribery issues, both from a historical and current perspective. New courses on the latest anti-bribery compliance issues are added frequently.

 

Scheduled Courses:

 

28 November 2012
Navigating the Evolving Regulatory Landscape in Myanmar to Address Anti-Bribery Challenges
Peter Coleman, Partner and Executive Director, Deloitte

 

05 December 2012
Global Anti-Corruption Enforcement and Regulatory Update
Nicola Bonucci, Director of Legal Affairs, OECD

 

12 December 2012
The FCPA Year in Review and Looking Ahead to 2013
Timothy L. Dickinson, Partner, Paul, Hastings, Janofsky & Walker LLP
 
Visit https://www.thetasa.org/ for course updates and to apply for accreditation. To request a course topic or if you are interested in joining our teaching faculty, please contact Virna Di Palma at [email protected].
 
November Partner Events  

Brazil Battles Corruption: Is Your Company Ready

Brasilia, Brazil, November 5, 2012

 

15th International Anti-Corruption Conference 2012

Brasilia, Brazil, November 7-10, 2012

* Alexandra Wrage, TRACE President, speaking
* Virna Di Palma, Director, Strategic Communications, TRACE, speaking

 

 2012 Fall SIA Conference
Crystal Gateway Marriott, Arlington, VA, November 8-12, 2012
* Julie Coleman, Director, Advisory Services, TRACE, speaking 

 

National Conference on the Foreign Corrupt Practices Act

Gaylord National Resort, National Harbor, MD, November 14-16, 2012

TRACE Members receive a $200 discount with code TRC.

*Alexandra Wrage, TRACE President, speaking

News & Press
 

More companies using TRAC, the free global online due diligence platform for supply and marketing chain compliance.

 


New TRACE brochure now available. Not sure of the tools and services offered by TRACE or your member benefits? Get up to speed with the new TRACE brochure or share it with your colleagues and contacts.

 

In Exposure: No Bribes please! We're British, ITV asks whether the new UK Bribery Act is working and what difference it will make. Featuring TRACE President, Alexandra Wrage, and other distinguished antibribery experts, this short film investigates how, before the legislation came into force in 2011, some of the UK's best-known companies would engage in bribery to win overseas contracts.



Sincerely,

TRACE Logo

151 West Street
Annapolis, Maryland 21401
410-990-0076 | 410-990-0707 (fax)
 
www.traceinternational.org
 

 

To learn more about TRACE anti-bribery resources and due diligence services, view a short video clip here.

 
 

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