Anti-Bribery and Anti-Money Laundering Enforcement in Brazil: 2015 Perspective
Following enactment of the US Foreign Corrupt Practices Act (FCPA), several countries have followed suit in enacting similar anti-corruption statutes.
In 2014, Brazil passed the Clean Companies Act to control bribery and corruption. In March, 2014, Petrobras' chief of refining from 2004 to 2012 was arrested for money laundering. He reported that construction companies winning contracts gave $3.7 billion US in payments to political funds. Brazilian regulators also filed a criminal complaint alleging that several Embraer employees bribed government officials in the Dominican Republic to obtain a $92 million military procurement contract. The U.S. Department of Justice and Securities and Exchange Commission have provided supporting evidence. The employees are charged with corruption and international money laundering.
Brazil is a signatory of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. However, the OECD is critical of Brazil’s enforcement of the Clean Companies Act, a statute of limitation issue, and the lack of protection for private-sector 'whistle-blowers'. As in the USA, questions of how to identify customers and third-party entities remain a problem. In addition, some aspects of the law are ambiguous. One aspect in need of addressing is what authorities will expect from the compliance requirements and issuance of penalties. Although the Act allows for significant leniency for co-operators, the conditions seem somewhat un-clear.
The new regulatory developments increase the risks of doing business in Brazil. Yet, they also provide incentives for the implementation of compliance programs, prevention measures, and reducing the costs of bribery and corruption in Brazil. Nevertheless, U.S. companies doing business in Brazil are at risk of employees and agents violating the new law and the US FCPA. Companies need to ensure that they, and any parties with which they do business, are in compliance with the new law, and develop sound monitoring, evaluation, and compliance programs to reduce risks.
In this two hour webinar, our panel of key thought leaders and practitioners assembled by The Knowledge Group will provide an over-view of Anti-Bribery and Anti-Money Laundering Enforcement in Brazil and discuss the Brazilian Clean Companies Act, its limitations, and its relationship to the US FCPA. This LIVE Webcast will help you and your co-operators avoid common pit-falls and risk issues relating to this law.
Key topics include:
- Anti-Bribery and Anti-Money Laundering Enforcement – A Perspective
- Brazil's Clean Companies Law (CCA)
- OECD Anti-bribery and Corruption Standards
- Brazilian CCA and US FCPA Compared
- Enforcement Trends and Benefits
- CCA Leniency Risks and Benefits
- Compliance and Regulatory Developments
Tauil & Chequer Advogados Associado a Mayer Brown LLP
- Introductory speaker Quick status of investigations Petrobras Next steps The Brazil perspective
- US / UK perspective
Who Should Attend:
- Anti-Bribery and Corruption Lawyers and Specialists
- Anti–Money Laundering Lawyers and Specialists
- Anti-Bribery and Corruption Compliance Officers
- Risks and Fraud and Specialists
- Bankers and Lenders
- FCPA Practicing Lawyers
- Fraud and Corruption Insurers
- Other Related and Interested Professionals
Salim Saud Neto is the head of the anti-corruption compliance practice in Brazil for Tauil & Chequer Advogados associated with Mayer Brown. With over 15 years of experience, having worked in Rio de Janeiro, São Paulo, New York, and Houston, Salim has advised clients in several anticorruption and compliance matters, such as the development of compliance programs, training, and conducting internal investigations. Mr. Saud is admitted in Brazil and New York, has an LLB from Rio de Janeiro State University (UERJ) and an LL.M. from Columbia University in the City of New York (Harlan Fiske Stone Scholar).
Salim Saud Neto is the head of the anti-corruption compliance practice in Brazil for Tauil & Chequer Advogados associated with …
Over many years, Stuart H. Deming has represented foreign and domestic clients in a range of business and investigatory matters focusing on the FCPA and related anti-bribery regimes now being enforced in much of the world. Both an attorney and CPA, prior to entering private practice, he served with the SEC and in various capacities with the U.S. Department of Justice, including as one of the special prosecutors in a highly sensitive investigation of the U.S. Congress. Mr. Deming is the author of Oxford University Press’ recently published Anti-Bribery Laws in Common Law Jurisdictions; the co-author with a leading English barrister of The FCPA and UK Bribery Act: A Ready Reference for Business; and the author of a major best-selling book published by the ABA: The Foreign Corrupt Practices Act and the New International Norms.
Over many years, Stuart H. Deming has represented foreign and domestic clients in a range of business and investigatory matters …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About Tauil & Chequer Advogados Associado a Mayer Brown LLP
Founded in 1992, Tauil & Chequer Advogados (T&C) has grown rapidly and today has more than 100 lawyers in Rio de Janeiro, São Paulo and Vitória. In December 2009, Tauil & Chequer entered into a combination agreement with Mayer Brown and became “Tauil & Chequer in association with Mayer Brown”. The firms cooperate to provide clients with a exclusive combination of local strength and global reach.
T&C is a full service law firm with a team of partners and associates that are highly specialized in several areas of business law in Brazil, representing national and international clients, financial institutions and government entities in a wide range of matters, from simple everyday transactions to extremely complex and sophisticated deals, with a unique level of excellence in the legal market.
About Deming PLLC
Deming pllc represents companies, organizations, and individuals in a range of international legal matters, including complying with various foreign and domestic legal regimes associated with the conduct of international business and, in particular, the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and Canada’s Corruption of Foreign Public Officials Act (CFPOA). Deming pllc has built a reputation for excellence in handling matters related to the FCPA, implementing and auditing corporate compliance programs, ensuring the adequacy of internal controls, conducting internal investigations and due diligence, providing advice relative to making disclosures to government officials, and representing clients in U.S. Department of Justice, U.S. Securities and Exchange Commission, and other investigations. Deming pllc regularly provides its specialized expertise to support major foreign and domestic law firms, accounting and consulting firms, and counsel for companies, organizations, and audit committees.