In This Issue
Compendium Roundup
On The Blog
Books, White Papers and Articles
Featured Resource
TRACE Workshops
TRACE Roundtables
Partner Events
International Regulatory Updates
Due Diligence
News & Press
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October 2013
Compendium Roundup


Two major settlements with the U.S. government were reached in late October. Diebold Incorporated agreed to pay more than $48 million, and for the appointment of a monitor, to settle SEC and DOJ allegations that Diebold bribed foreign government officials with pleasure trips to obtain and retain lucrative business with government owned banks in China and Indonesia, and paid other bribes in connection with the sale of ATMs to private banks in Russia. In addition, Stryker Corporation agreed to pay over $13.2 million to settle SEC charges that Stryker's subsidiaries allegedly made illicit payments to doctors. 

There have also been developments for Kernel Oil, BSG Resources Ltd., Zoomlion Ghana Ltd., Gold Fields Ltd., Kimco Realty Corp., and Walt Disney Company, and updates to Novartis AG, Agilent Technologies, Expro International, Deutsche Post AG ("DHL"), and MAN Group.   

On the Blog


This month on the blog we took a look at the seven most important pending compliance court cases that you'll want to keep an eye on.  From whistleblower protection, to the definition of a 'foreign official' under the Foreign Corrupt Practices Act to the application of the SEC's Conflicts Minerals rules, the courts have got their work cut out for them this term.


We also explored some of the biggest barriers to building a compliance program at a small or medium-sized enterprise ("SME").  By working on tone and facing some of communications challenges that may arise, even small businesses can develop best practices when it comes to anti-bribery compliance.


Read more at!  


  1. FCPA Settlements Continue - This month, Diebold Incorporated agreed to pay more than $48 million to settle SEC and DOJ allegations that Diebold bribed foreign government officials in China, Indonesia and Russia.  Stryker Corporation agreed to pay over $13.2 million to settle SEC charges that Stryker's subsidiaries allegedly made illicit payments to doctors and government employees in Argentina, Greece, Mexico, Poland and Romania.
  2. Court Finds Dodd-Frank Protections Do Not Protect Whistleblowers Outside US - In the case Liu v. Siemens AG, a U.S. District Court ruled that the anti-retaliation provision of the 2010 Dodd-Frank financial reform law, which shields whistleblowers from discipline for reporting alleged violations by their employers, did not apply to conduct outside the United States.  The plaintiffs had claimed that they were fired after disclosing that Siemens AG, a German company, was funneling kickbacks to Chinese and North Korean hospital officials.
  3. OECD criticizes Russia's implementation of OECD Convention - Despite certain progress, the OECD remains concerned with Russia's compliance with key provisions of the OECD Anti-Bribery Convention, the organization announced this month.  Having just completed a second report on Russia's implementation of the convention, the OECD's Working Group on Bribery concluded, among other things, that Russian law enforcement and related agencies needed to implement a more proactive approach to detecting, investigating and prosecuting foreign bribery offences and related accounting offenses.
  4. UK launches new National Crime Agency - The United Kingdom announced a new crime-fighting agency, the National Crime Agency (NCA), with "national and international reach and the mandate and powers to work in partnership with other law enforcement organizations."  The NCA will work in coordination with the Serious Fraud Office and other national agencies to combat and prosecute bribery and corruption. 
  5. U.S. Congressman Sentenced to 3 Years For Extortion - Former Congressman Rick Renzi (R.-AZ) was sentenced to 36 months of prison for convictions on public corruption, money laundering and other charges.  Among other allegations, Renzi was accused of committing extortion while trying to swap U.S. government land for a farm that belonged to a business partner who owed him money.
Vote here on the TRACE Blog. 

The holiday season is quickly approaching. Find out how your company's policy with respect to giving and receiving holiday gifts, meals and entertainment compares to those of your peers by participating in our holiday gift giving survey. The deadline for completion of the survey is November 15, 2013. You may access the survey by clicking here. We would greatly appreciate one response from your organization. The survey is comprised of twelve questions and should take approximately five minutes to complete. Your comments are valuable and we appreciate your time. If you have any questions, please write to 

Books, White Papers and Articles

 How to Pay a Bribe: Thinking Like a Criminal to Thwart Bribery Schemes

Last year, TRACE published a fascinating and instructive book about how bribery schemes are devised, carried out and covered up. TRACE is now in the process of compiling the 2013 edition. We invite in-house counsel and anti-bribery practitioners to "join the conversation" by sharing their corruption (and compliance!) stories by writing to


Private Settlements, Public Concerns: Judicial Scrutiny of Deferred Prosecution Agreements


Deferred prosecution agreements (DPAs) continue to be a hotly contested aspect of corporate settlements in white collar investigations.  In this White Paper entitled Private Settlements, Public Concerns: Judicial Scrutiny of Deferred Prosecution Agreements, TRACE looks at the increased supervisory role of federal judges in overseeing the approval of these agreements and looks at what that may mean for the negotiation of DPAs in the future.


5 Ways to Improve Online Anti-Bribery Training

21 October 2013

Alexandra Wrage


Featured Resource: Anti-Bribery Training

Complimentary online anti-bribery training for all of your employees and intermediaries
TRACE members can contact to quickly and easily deploy online anti-bribery training to all employees and third party intermediaries world-wide.  TRACE's online training is currently available in 15 languages and offers two distinct modules designed for either employees or third parties.
Customizable in-person training conducted by a senior TRACE attorney. 


While online training is very effective, there is no substitute for customized in-person training.  TRACE provides tailored, in-person training that is cost-effective, comprehensive, and dynamic and based on years of experience providing training to multinational companies, SMEs and government bodies. Training sessions are designed to communicate both the law and company-specific policies to employees while obtaining important information and feedback on corruption risk areas.


Contact to receive a complimentary 30 min. enterprise training needs assessment.

TASA is the only certification program available that is dedicated to anti-bribery compliance and offers over 100 courses taught by world-renowned faculty. TASA integrates rigorous standards with a flexible learning environment. The certification process requires that candidates complete thirty hours of coursework before taking the accreditation exam which ensures students acquire the requisite knowledge. Earn an internationally recognized compliance credential. Begin the application process today at



2nd Annual: Singapore Summit on Anti-Corruption, Compliance and Risk Management  

December 3-4, 2013, Singapore


Upcoming live TASA accredited TRACE events:
January 23, 2014, Toronto

March 18, 2014, Zambia

March 26-27, 2014, Washington, DC

To inquire about discounts and credits, write to  
TRACE and the American Chamber of Commerce in Zambia are pleased to announce a new partnership to promote a due diligence standard in Zambia. TRACE and AmCham Zambia will co-host an anti-bribery and third party compliance workshop in Zambia on March 18, 2014.  Stay tuned for updates and program agenda. 


Please visit TRACE Workshops for program and registration details.


If you are interested in speaking at TRACE workshops or events, please contact Virna Di Palma at   


TRACE Roundtables
Join TRACE in Toronto on January 23, 2014 at the Park Hyatt for an advanced roundtable discussion on anti-bribery enforcement and compliance. Roundtables offer both TRACE members and non-members an opportunity to participate in an invite-only discussion with a senior attorney of TRACE and their peers.
For more information or to register for this event, please write to
Save the Date! 10th Annual TRACE Forum March 26-27, 2014, St. Regis, Washington, DC

TRACE members should plan now to attend what has become the premier anti-bribery benchmarking conference. The 10th Annual TRACE Forum will be held March 26-27, 2014 at the St. Regis in Washington, DC. Companies using TRAC should also plan to attend the TRAC working group the afternoon of March 25, 2014. The program is currently under development. Please visit our Forum webpage for program updates and registration details.
London, UK
November 4-7, 2013
Hosted By: 
*Alexandra Wrage, TRACE President, speaking 
Conflict Minerals & The Ethical Supply Chain
Chicago, IL
November 18, 2013
Hosted By: Momentum
*Alexandra Wrage, TRACE President, speaking
TRACE Members receive a 15% discount.  
Washington, DC 
November 18-21, 2013
Hosted By: American Conference Institute
*Alexandra Wrage, TRACE President, speaking
TRACE Members receive a $200 discount.
2nd Annual: Singapore Summit on Anti-Corruption, Compliance and Risk Management
December 3-4, 2013
Hosted By: American Conference Institute
*Alexandra Wrage, TRACE President, speaking
TRACE Members receive a $200 discount.  

Anti-Corruption Compliance for High Risk Markets 

London, UK
December 4-5, 2013
Hosted by: Momentum

* Julie Coleman, TRACE Senior Director of Advisory Services, speaking

TRACE Members receive a 15% discount.   

Global Investigations Summit 

London, UK
December 4-5, 2013

Hosted by:IQPC 

* Julie Coleman, TRACE Senior Director of Advisory Services, speaking

Houston, TX 
February 23-26, 2014 

*Alexandra Wrage, TRACE President, speaking


18th Annual Corporate Counsel Institute 

Washington, DC 
March 13-14, 2014 
Hosted by: Georgetown Law CLE
*Alexandra Wrage, TRACE President, speaking
International Regulatory Updates



Wolf Theiss Rechtsanwälte


The Law on Lobbying and Representation of Interests Transparency (Lobbying- und Interessenvertretungs-Transparenz-Gesetz) entered into force on 1 January 2013 in Austria.  The Law regulates the rules of conduct for lobbying and representation of interests, such as registration requirement with the Lobbying and Representation of Interests Register, and also provides the consequences for breaching these obligations.





The OECD report on the implementation of the OECD Anti-Bribery Convention in the Netherlands, published in December 2012, concluded that foreign bribery investigations and prosecutions in the Netherlands are too low.  In reaction, it is likely that the Public Prosecutor's Office will be more proactive in their investigation of foreign bribery allegations.  Additionally, the pending legislative proposal to the Dutch Criminal Code intends to raise the maximum penalties, fine and imprisonment, for bribery offences.  



Setterwalls Advokatbyrå Stockholm AB


The Swedish Anti-Corruption Institute's Ethics Committee was launched in September 2013 with intention to promote good practice of the new Code of Business Conduct, issued in 2012.  Upon request from organizations, the Committee can issue statements or information to advice whether giving and taking of gifts, rewards or benefits in question is accordance with the Code.


New Zealand

DLA Phillips Fox 


The Government Rules of Sourcing entered into force on 1 October 2013, makes it discretionary for private agencies to exclude suppliers for reasons listed, including conviction for a serious crime or offence, professional misconduct, a serious performance issue in a previous contract, failing to pay taxes, duties or other levies.  Although this is a discretionary rule for private agencies, it is compulsory for government agencies, the New Zealand Police and the New Zealand Defense Force where the total value of procurement exceeds NZ$100,000.  Additionally, if the proposed procurement's whole-of-life costs are more than NZ$5,000,000, then detailed business case must be prepared and submitted to the Ministry of Business, Innovation & Employment for advice and feedback.


The Next Generation of Due Diligence
TRACE Portable Due Diligence Solutions: Own and Share Your Verified Compliance Information 

 TRACE Portable Due Diligence Solutions offer a new approach to third party due diligence with products that eliminate screening costs for multinational corporations. This new model shifts the responsibility for vetting anti-bribery concerns to intermediaries who - once approved by TRACE - maintain their own verified compliance information. TRACE's pre-vetted "portable" reports allow intermediaries to reduce the number of repetitive requests and share their verified compliance information with all of their business partners. For global companies,the expense and lag time associated with the vetting process is eliminated, allowing projects to move forward with confidence and without delay.  


TRACE Portable Due Diligence Solutions are based on internationally accepted best practices and are further enhanced by TRACE's experience and familiarity with the compliance needs of multinational corporations and their business partners.
News & Press
TRACE in Nicaragua
This month TRACE visited Nicaragua to speak to students, business leaders, women entrepreneurs and NGO officials on the uses of technology to combat corruption. Nicaraguans have been incredibly receptive to new technologies, allowing the country to leapfrog over normal developmental phases that most countries typically go through. Lively discussions led to new ideas to advance transparency in Nicaragua. If you wish to learn more, please write to Virna Di Palma at
GAIN 2013
In-house counsel and compliance professionals from TRACE member companies and anti-bribery attorneys from TRACE partner firms came together this week in Dubai for the 2nd Global Anti-Bribery In-House Network (GAIN). Speakers and attendees from 20 plus countries discussed anti-bribery compliance challenges in the Middle East, Africa, China, Russia, Mexico and Brazil, global enforcement trends and key takeaways from recent FCPA cases. TRACE would like to thank all speakers and attendees for making the event a great success. If you wish to receive the conference materials, please write to

 Tel Aviv Workshop
Also this week, TRACE welcomed over 50 local compliance professionals in Israel for a full-day of anti-bribery discussions and training.  Speakers included Dan Katarivas, Director of Foreign Trade, Manufactures Association of Israel, Jeffrey Clark, Partner, Willkie, Farr & Gallagher LLP, Chaim Gelfand, Legal Counsel, Rafael and David Block Temin, Chief Compliance Officer, Elbit Systems Ltd. TRACE would like to thank speakers and attendees alike for their participation. Please write to to receive the materials for this event. 
TRACE is Hiring! 
Are you an experienced IT software developer or project manager? TRACE is looking to fill two positions in its IT department with detail-oriented and analytical individuals who can lead the development and implementation of several software applications.  For more information on and to apply to the Senior .NET Software Engineer and Technical Project Manager roles please visit the TRACE careers page at



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