ACI's 4th Latin America Summit on Anti-Corruption: The State of the Region

 ACI’s 4th Latin America Summit on Anti-Corruption took place last week in Sao Paulo. We are happy to share a complimentary presentation for those who missed the event.  The rest of the conference materials will be available for download soon. In the meantime,  you can find all ACI Anti-Corruption and FCPA conference materials here.


      Complimentary Presentation from ACI’s 4th Latin America Summit on Anti-Corruption  

        Highlights from the presentation:
  • A Period of Dynamic Shifts Shifts in Risks • Economic slowdown in Brazil • Opening up of energy sector in Mexico • Political chaos in Venezuela • Economic expansion in Colombia & Peru Shifts in Laws • Brazil’s Clean Companies Act • Mexico’s strengthened public procurement and AML laws Shifts in Enforcement •Cooperation among enforcement officials (Embraer, BizJet) •FCPA reaches further (first action in Colombia; arrest of Venezuelan official as bribe receiver)
  • General Corruption Risks in Latin American Countries 2012 Latin America Corruption Survey: •Half of all respondents believe their company has lost business to competitors making illicit payments in the region. •Only 28% of respondents believe anti-corruption laws are effective in the country where they work. Chile (78%) and the United States (70%) are seen as having the most effective laws. • 44% of respondents consider corruption to be a “significant obstacle” to doing business in the region
  • General Corruption Risks in Latin American Countries 2012 Latin America Corruption Survey: •Most significant corruption challenges: Venezuela, Argentina, Mexico, Bolivia •Lowest overall government corruption: Chile, Uruguay, and the United States •Risks by area of government Mexico (Police, Municipal/Local) Venezuela (Judicial, Customs) Argentina (Executive Branch, Customs) Brazil (Legislative Branch, Police, Municipal/Local, Customs) Colombia (Legislative Branch, Municipal/Local)
  • Argentina Update on Local Anti-Corruption Regulation Bill of Amendment of the Criminal Code Introduces criminal liability for Companies in matters of anti-corruption Requirement for Company Criminal Liability: – Advantage for the Company – Manifest lack of internal controls and supervision Sanctions: – From fines to cancellation of the company’s charter
  • I.- Criminal Code: Bribery: (active /passive bribery). Extortion Money Laundering II.- Federal Anti-corruption Law for Public Procurement (2012) Only Federal Not in States or Municipalities Administrative (not criminal) III.- AML Law Administrative (2012) 15 vulnerable activities (i.e. lending, lease, auto…) IV.-National Anti-corruption Agency (@ senate) V.- National Anti-Corruption Prosecutor’s Office