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Checking In Down Under

Australia

A guest post from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney). Wyld is the Australia Expert for FCPA Professor.

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018. The year has been mixed with statutory reforms progressing at a snail’s pace while the Australian Government has been brought kicking to the table for a national Integrity Commission, which surprisingly, protects parliamentarians from public hearing or dare it be said, public scrutiny. The year ended with the publication of the court cases in the long-running Securency banknote printing foreign bribery scandal. While some convictions by way of guilty pleas were achieved, the remaining prosecutions spectacularly collapsed with the High Court of Australia sternly criticising investigative agencies for egregious illegal conduct which irreparably prejudiced the rights of certain accused to a fair trial.

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Canada Now Has Deferred Prosecution Agreements

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A guest post today from Toronto-based Borden Ladner Gervais attorneys Milos Barutciski, Graeme Hamilton and Julia Webster.

On September 19, 2018, deferred prosecution agreements (DPAs) became available to resolve corporate offences in Canada under the Criminal Code and the Corruption of Foreign Public Officials Act.

Remediation Agreements will be available to resolve criminal charges against corporations, partnerships and other forms of business organizations without registering a criminal conviction. Remediation Agreements will be negotiated by the prosecution and the accused and are subject to judicial approval. They will typically be accompanied by the payment of penalties, restitution, implementation of compliance measures, and other terms and conditions as negotiated by the parties, including the potential appointment of corporate monitorships.

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A Focus On The French Portion Of The Société Générale Enforcement Action

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Previous posts here, here and here highlighted the U.S. prong of the recent Foreign Corrupt Practices Act enforcement action against French bank Société Générale S.A. (SoGen) “relating to a multi-year scheme to pay bribes to officials in Libya.”

In this guest post Cécile Terret & David Père (Paris-based attorneys with Bryan Cave Leighton Paisner) discuss the French portion of the global enforcement action.

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Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney and the Australia Expert for FCPA Professor) and covers recent developments from Australia in the general area of foreign bribery.

The key issues that are covered include: Australian Securities & Investments Commission and Australian Wheat Board UN Oil-For-Food Cases; Foreign Bribery Law Reforms; Private Sector Whistleblower Protection Reform; and Senate Economics Reference Committee Review of Australian Foreign Bribery Laws.

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First Corruption Monitoring In France

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A guest post from David Père (Bryan Cave Paris) and Mark Srere (Bryan Cave Washington).

On 9 December 2016, France enacted the “Law on Transparency, Anti-Corruption and the Modernization of the Economy,” known as the “Sapin II Law.” Introducing new legal means into French Law to fight corruption, this law notably created the Agence Française Anti-corruption (French Anti-corruption Agency; the “AFA”) and a new legal instrument, namely the Convention Judiciaire d’Intérêt Public (Judicial Public Interest Agreement; the “CJIP”), enabling French Public Prosecutors to reach settlements with companies involved in offences of corruption, influence peddling or laundering of tax-fraud proceeds.

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