French Anti-Corruption Agency Publishes Guidelines, Part I

On December 22, 2017 the new French Anti-Corruption Agency (created as a result of the "Sapin II Law") published the final form of its anti-corruption recommendations.  The AFA is tasked with developing recommendations designed to help public and private entities within France to prevent and detect acts of corruption. 

The recommendations take into consideration best practices found within international standards, are non-binding, and are applicable throughout the French Republic.  While they are non-binding it is expected that the recommendations will be considered as part of any enforcement activity.  Any company that has a legal entity in France should be familiar with the Sapin II Law and with these recommendations. 

The recommendations affect:

  • All companies, including subsidiaries of foreign companies, when the subsidiaries are established in the territory of the French Republic
  • All of the following legal entities, regardless of the place of their activities, including abroad:
    • Public limited companies, simplified joint-stock companies, limited liability companies, professional civil companies
  • All legal entities "under private or public law, regardless of their size, social form, sector of activity, turnover or the size of their workforce."     
  • All non-corporate entities 

The recommendations are intended to help:

  • Organization's adopt operating rules to enhance their competitiveness
  • Protect organizations from damage to their reputation
  • Companies subject to article 17 of the 2016 Sapin II law fulfill their obligations
  • Guard against penalties that may be imposed by foreign authorities for failing to prevent or detect corruption

Key sections of the recommendations include:

  • Leadership commitment
  • Code of Conduct
  • Internal Warning System
  • Risk Mapping
  • Third-Party Evaluation
  • Accounting controls
  • Training system
  • Internal control and evaluation system

In the coming days, GCSG will post additional articles that discuss in more detail each of the key sections mentioned above. 

Contact GCSG professionals at: info@globalcompliancesg.com with any questions or for more information on how we can assist you with your compliance program.   

Definition(s)

Corruption is defined (in the recommendations) "as the act by which a person in a particular public or private office solicits/proposes or agrees/assigns, a gift, an offer or a promise, with a view to accomplishing, delaying or omitting to 'perform an act coming in, directly or indirectly, in the course of his duties."

Key Link(s)

US Dept of Treasury Lists Boycott Countries

On January 8, 2018, the U.S. Department of the Treasury (the "Department") published the list of countries requiring cooperation with an international boycott.  Section 999(a)(3) of the Internal Revenue Code requires the Department to periodically publish a current list of countries which may require participation in or cooperation with a boycott that is not sanctioned by the U.S. government.  The current list of countries is unchanged from the Departments March 30, 2017 list and includes the following countries:

  • Iraq
  • Kuwait
  • Lebanon
  • Libya
  • Qatar
  • Saudi Arabia
  • Syria
  • United Arab Emirates
  • Yemen

Key Link(s):

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

With GDPR looming, key compliance questions still remain | DIGIDAY

"For better or worse, preparing for the General Data Protection Regulation is a do-it-yourself exercise for advertisers in the absence of stronger direction from regulators." (Click here for the article) - European Union

Turkish banker guilty of helping Iran dodge US sanctions  | Reuters TV

WATCH: US jury finds Turkish banker guilty of helping Iran dodge US sanctions (Click here for the video) - Iran, Turkey, United States

Firms can choose not to enter corruption-ridden markets | The Straits Times

"Many well-established multinationals have decent corporate cultures.  Their top managements have been known to decide that if a country operates by practices in keeping with the company ethos, they would not do business in that country." (Click here for the article) - Singapore

Drug Company Allegedly Bribed Doctors to Sell its Powerful Opioid Spray | Gizmodo

"The State of North Carolina is suing a pharmaceutical manufacturer for allegedly bribing doctors and defrauding insurers in order to sell more of its powerful fentanyl spray, fanning the flames of the opioid crisis that has millions addicted and is shortening lifespans." (Click here for the article) - United States

PWC faces negligence claim over $2bn fraud at Colonial Bank | The Times

"Auditors at PWC were negligent and missed a 'Red Flag' over a huge fraud that contributed to the collapse of a bank during the financial crisis, an American court has found." (Click here for the article) - Global

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Governance Is the Next Target for Abenomics | The Wall Street Journal

"A wave of corporate scandals and Japan's persistently weak inflation are renewing pressure to improve the way the country's businesses are managed." (Click here for the article) - Japan

Corruption scandal hits Huawei with its top executive suspected of bribery | technode

"The excecutive vice president of Huawei's consumer business group Greater China, Teng Hongfei, has been taken away by the public security, according to people familiar with the matter." (Click here for the article) - China

Ex-Tennessee director of football ops to repay $14K due to forged receipts | Yahoo Sports

"Tennessee's former director of football operations is repaying the school over $14,000 after he pleaded guilty to misconduct regarding forged receipts for expense reports." (Click here for the article) - United States

Non-compliance to be 'very costly' for companies | moneycontrol

"Sending out a strong message to (Indian) corporates, the government has said non-compliance will be "very costly" and strong deterrents will be there to curb the dangerous adventure of using companies for wrongful purposes." (Click here for the article) - India

Happy New Year 2018!

   The GCSG team wishes you a Happy New Year!  We extend our best wishes to you for a 2018 year full of health as well as personal and professional success.

   We owe our success in 2017 to our clients and partners and we are very grateful to you for partnering with GCSG.  We look forward to continuing our successful partnership in 2018!   

   For our clients and vendors today is the last day to take advantage of our offer to make a special corporate donation on your behalf to one of the charities listed below.  Send a contact form with just the name of one of the three charities listed below in the subject or body of the form and we will make a donation to the charity you've chosen.   

Happy New Years,

The GCSG Services Team

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About GCSG

We provide Advisory, Audit, and Due Diligence services for our clients across a range of industries in the areas of Import, Export and Customs compliance, Anti-Bribery and Corruption, Drug Precursor, and Distilled Spirits Plant compliance.  The GCSG service team delivers compliance program assessment, development and implementation support, audit, fraud investigation, and third-party due diligence and risk management services.

Learn more about GCSG by following us online or contacting us directly:

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Contact us here.

UK establishes money laundering watchdog

On December 21, 2017 HM Treasury announced the creation of a new watchdog organization, the Office for Professional Body AML Supervision (OPBAS), to strengthen anti-money laundering (AML) standards and to facilitate cooperation across law enforcement agencies.

The OPBAS office will provide direct supervision to "22 accountancy and legal professional body AML supervisors in the UK" (1) and will work to "ensure the 22 bodies meet the high standards set out in the Money Laundering Regulations 2017, and have powers to investigate and penalise those that do not." (1)

The OPBAS regulations will take effect on January 18, 2018.

Key Link(s)

Japan Imposes Additional Unilateral Sanctions on North Korea

On Friday, December 15, 2017 Japan imposed additional unilateral sanctions against 19 North Korean entities.  This includes companies involved in the financial services, coal, and oil trading sectors.

With the additional 19 entities, the total number of North Korean entities under Japanese sanctions now stands at 56.

(1) "According to a Foreign Ministry official, all the companies are already subject to U.S. sanctions, starting from January last year." 

Key Link(s):

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

EU, Japan conclude world's largest free-trade agreement |  The Globe and Mail

"The European Union and Japan concluded negotiations on a free trade deal to create the world's largest open economic area, signalling their rejection of the more protectionist stance of U.S. President Donald Trump." (Click here for the article) - Japan, Europe

EU to force firms to reveal true owners in wake of Panama Papers |  The Guardian

"Companies across the EU will be forced to disclose their true owners under new legislation prompted by the release of the Panama Papers. Anti-corruption campaigners applauded the agreement as a major step in the fight against tax evasion and money laundering, but expressed disappointment that trusts will mostly escape scrutiny." (Click here for the article) - Europe

Japan unilaterally sanctions North Korea |  European Sanctions

"Japan has imposed unilateral sanctions (asset freezes) against 19 North Korean entities and individuals in response to the state’s nuclear and ballistic missile programs.  It is reported that Korean Computer Center is among the sanctioned entities." (Click here for the article) - Japan, N. Korea

Sessions vows to enforce an anti-bribery law Trump ridiculed |  The New York Times

"Attorney General Jeff Sessions vowed on Monday that the Trump administration would vigorously prosecute white-collar crime amid concerns that such cases would fall by the wayside in favor of higher-profile priorities like violent crime and illegal immigration." (Click here for the article) - US

Whistleblowers' lawsuit leads to massive medical fraud settlement |  The Charlotte Observer

"What started seven years ago as a whistleblower lawsuit filed by two Charlotte-area doctors ended Tuesday with two emergency room physicians groups paying federal and state governments more than $33 million to avoid going to court." (Click here for the article) - US

Eni and Shell on trial in Italy over Nigeria 'corruption' |  BBC News

"Two global oil giants, Eni and Shell, are to stand trial in Italy over allegations of corruption in Nigeria.  The case involves the purchase of an offshore oil block in Nigeria for $1.3bn in 2011" (Click here for the article) - US, Italy, Nigeria

GDPR rules put privacy, anti-bribery enforcement on collision course |  WSJ

"An article in the upcoming General Data Protection Regulation could complicate anti-bribery efforts for organizations operating in the European Union." (Click here for the article) - Europe

Merry Christmas and Happy New Year from your GCSG Services Team!

   The GCSG team wishes you and yours a happy and safe Holiday season.  We extend our best wishes for a New Year full of promise and success.  

   From now till the end of the year, GCSG will make a special corporate donation on behalf of our clients and other partners.  We'd like to invite you to choose one of the charities listed below to receive a donation. 

   Send a contact form with just the name of one of the three charities listed below in the subject or body of the form and we will make a donation to the charity you've chosen.

   This holiday season we are grateful to you for partnering with GCSG, and we look forward to continuing our successful partnership in 2018! 

Happy Holidays,

The GCSG Services Team

** *** **

About GCSG

We provide Advisory, Audit, and Due Diligence services for our clients across a range of industries in the areas of Import, Export and Customs compliance, Anti-Bribery and Corruption, Drug Precursor, and Distilled Spirits Plant compliance.  The GCSG service team delivers compliance program assessment, development and implementation support, audit, fraud investigation, and third-party due diligence and risk management services.

Learn more about GCSG by following us online or contacting us directly:

  • Facebook - http://www.facebook.com/globalcompliancesg.com

  • Twitter - https://twitter/com/GCSGLLC

  • LinkedIn - https://www.linkedin.com/company/global-compliance-solutions-group-llc

  • Instagram - http://instagram.com/globalcompliancesg.com

Contact us here.

CSA Issues New Code of Conduct for GDPR Compliance

On November 21, the Cloud Security Alliance (CSA) released their Code of Conduct for compliance with the European General Data Protection Regulation (GDPR).  The GDPR Code of Conduct (the "Code") provides cloud service providers, cloud customers, and potential customers with guidance to assist with complying with the new requirements found within the GDPR.    

The CSA About web page states they are the "world's leading organization dedicated to defining and raising awareness of best practices to help ensure a secure cloud computing environment." (1)

The Code is structured to meet the mandatory data protection requirements under Directive 95/46/EC as well as the upcoming requirements of the GDPR.  

"...the CSA Code of Conduct for GDPR Compliance is of fundamental importance as it gives guidance for legal compliance and the necessary transparency on the level of data protection offered by the CSPs (Cloud Service Providers)." - Paolo Balboni, European ICT, privacy and data protection lawyer, and co-chair of the Privacy Level Agreement Working Group (2)   

Key Link(s):

Argentine Congress Approves New Corruption Law

On Wednesday, November 8, 2017 the Argentine Congress approved a new law to combat corporate corruption.  The passage of this law follows the arrests of two Argentine politicians on corruption charges.

The law applies to private legal entities and covers the following crimes:

  • Local or international bribery and influence peddling
  • Illegal payments to public officials
  • Illegal enrichment of public officers and employees
  • Falsifying balance sheets and reports to conceal bribery or influence peddling

Companies are liable for the above crimes whether they are committed directly or indirectly on their behalf.  A corporation may also be held liable for the actions of third parties acting on their behalf.   

The bill allows for:

  • Courts to fine companies up to five times more than the amount fraudulently obtained
  • Companies to be blacklisted from public contracts for up to 10 years
  • The lessening of a corporations punishment for self-reporting a crime discovered by an internal compliance program, the existence of a sufficient compliance program prior to the violation, entering into a collaboration agreement, among other factors       

Key Link(s):

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

How deep is Vietnam's rot? |  Asia Times

"At a meeting of Vietnam’s main anti-corruption body held late last month, the country’s leading politician instructed it to quicken the pace of its investigations into corrupt officials. Nguyen Phu Trong, general secretary of the ruling Communist Party, applauded the anti-graft body for establishing a list of “urgent cases requiring drastic settlement,” local media reported but also stressed that much more needed to be done." (Click here for the article) - Vietnam

Custom brokers:  Integration is the future |  AEB

"Smart people know their limitations. An experienced customs manager in a company that trades across borders needs a well-trained team and powerful IT support to run efficient customs operations. This includes directly interacting with the customs authorities to manage imports and exports in, for example, the Netherlands. And a really good in-house customs department may even be able to handle customs procedures outside of this – for other major markets and large production sites abroad." (Click here for the article) - Global

US to expand benefit of anti-bribery enforcement program |  WSJ

"The U.S. Justice Department plans to make permanent, and expand the benefits of, a program meant to entice companies to turn themselves in when they have bribery problems, saying it won’t prosecute most firms if they meet the conditions." (Click here for the article) - US

Peruvians launch anti-corruption protest amid investigations |  Telsur TV

"Peruvian civil rights groups are uniting in the fight against corruption as hundreds of workers march in Lima in response to recent developments in the Operation Car Wash and Odebrecht scandals." (Click here for the article) - Peru

Transparency International questions use of corruption index |  WSJ

"Transparency International’s Corruption Perceptions Index is being employed as a line in the sand by companies trying to shape global compliance programs to minimize their risk of a bribery scandal. The anti-corruption group isn’t happy." (Click here for the article) - Global

Canada - US trade deal possible if Nafta fails, Trudeau says |  Bloomberg

"Canadian Prime Minister Justin Trudeau said he would consider one-on-one talks with the U.S. on trade, if negotiations to update the North American Free Trade Agreement fail. " (Click here for the article) - US, Canada, Mexico

Oliver Schmidt jailed for seven years for Volkswagen emissions scam |  The Guardian

"A senior Volkswagen executive was sentenced to seven years in prison by a US court on Wednesday after being found guilty of concealing software used to evade pollution limits on nearly 600,000 diesel vehicles. " (Click here for the article) - US, Germany

 

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Two executives plead guilty to role in foreign bribery scheme |  US Dept of Justice

"Two former executives at a Dutch oil and gas services company, Anthony “Tony” Mace and Robert Zubiate, pleaded guilty this week to conspiracy to violate the Foreign Corrupt Practices Act for their roles in a scheme to bribe foreign government officials in Brazil, Angola and Equatorial Guinea." (Click here for the article) - US, UK, Brazil, Angola, Equatorial Guinea, Switzerland

Broad US jurisdiction captures Chinese investment in Africa |  WSJ

"The U.S. criminal complaint unsealed last week against former ministers from Hong Kong and Senegal underlines the broad jurisdiction of the Foreign Corrupt Practices Act, experts told Risk & Compliance Journal. They said the law levels the playing field for U.S. businesses seeking investment in Africa, and that a lack of awareness of the law from Chinese firms may trip them up." (Click here for the article) - US, China, Africa

Supreme Court wary bout widening whistleblower protections |  Reuters

"Conservative and liberal U.S. Supreme Court justices on Tuesday appeared reluctant to broaden protections for corporate insiders who blow the whistle on securities law violations or fraud by their companies." (Click here for the article) - US

3 key steps to eliminating harassment in the workplace |  Corp Compliance Insights

"Both employers and employees benefit when companies and organizations effectively address sexual harassment.  By training employees, devising and implementing harassment policies and procedures and enforcing those policies fairly and consistently, employers can combat sexual harassment in the workplace." (Click here for the article) - US

US lawyers weigh impact of anti-bribery changes |  WSJ

"News that the U.S. Justice Department is beefing up and making permanent a program to encourage companies to come forward over cases of foreign bribery is welcome, but the devil will be in the details, lawyers say." (Click here for the article) - US

International supply chain risks: how US sanctions can kill your deal |  Procurious

"The United States (U.S.) had $2.21 trillion Dollars in exports in 2016 according to the U.S. Department of Commerce (D.O.C)i, and an estimated 10.7 million U.S. jobs supported by exports ii. Yet U.S. unilateral sanctions are being applied more vigorously than ever to perceived foreign foes, negatively affecting trade balances." (Click here for the article) - US

Top ten international anti-corruption developments for October 2017 |  Morrison Foerster

"In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: What are the latest developments in the U.S. Department of Justice’s sweeping investigation into alleged corruption in Venezuela? What new Canadian anti-corruption law has drawn the ire of the Russian president? What new anti-corruption measures were announced at the Communist Party of China’s National Congress? The answers to these questions and more are here in our October 2017 Top Ten list." (Click here for the article) - Global

EU export controls to be extended to cover human rights violations

On Thursday, November 23, 2017, EU Trade Committee MEPs voted to extend export controls to civilian goods and technologies that might be used for human rights violations.  New rules will be developed that will add certain cyber-surveillance tools to the list of goods and technologies that need to be approved prior to export.

Trade Committee suggestions include:

  • "Strengthening the protection of the right to privacy, data and, freedom of assembly, by adding clear-cut criteria and definition to the regulation.
  • Exporters of products not listed in the regulation but which could be used for human-rights violations, have to make sure that their goods won't fall into the wrong hands, by following OECD-based 'due diligence' guidelines.
  • The Commission must publish a handbook before the entry into force of the new rules, so that EU businesses know what they can and cannot do.
  • New risks and technologies have to be swiftly included in the regulation.
  • Creating a level playing field among member states, by, for example, introducing similar penalties for non-compliance, along with greater transparency of national authorities export control decisions." (1)

Klaus Buchner (Greens/EFA, DE) said: "With today's vote we extend effective control to cyber-surveillance technology.  We close loopholes that otherwise result in innocent people across the world being imprsioned, tortured and killed.  We make the protection of human rights a central aspect of dual-use export control.  We add strong, new transparency measures and include civil society participation, whilst continuing to create value-based European trade policy." (1) 

Key Term(s):

  • MEP - Member of the European Parliament  

Key Link(s):

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

US declares North Korea a terror sponsor; new sanctions expected |  MSN

"President Donald Trump announced Monday the U.S. is putting North Korea’s “murderous regime” on America’s terrorism blacklist, despite questions about Pyongyang’s support for international attacks beyond the assassination of its leader’s half brother in February." (Click here for the article) - US, N. Korea, Iran, Sudan, Syria

China cuts import tariffs on almost 200 consumer goods |  BBC News

"China is cutting import tariffs on 187 consumer goods from whisky to cashmere clothing to help spur spending and economic growth. The Finance Ministry said tariffs will drop from an average 17.3% to 7.7% on products, including pharmaceuticals, food, health supplements and clothing. The cut will take effect from the beginning of December. The move is designed to encourage consumers to spend more at home rather than on trips overseas." (Click here for the article) - China, US

Export invoice vs. accounting invoice:  What's the difference? |  Shipping Solutions

"An export invoice is an umbrella term that encompasses exporting forms like the Commercial Invoice and the Proforma Invoice—forms that indicate the buyer and seller of the goods, a description of the items, the items’ value, and the terms or proposed terms of the sale. Many governments use export invoices for calculating and assessing customs duties and taxes. Though they are often confused with one another, export invoices and accounting invoices are not the same." (Click here for the article) - Global

Factors affecting the USA, UK, Germanic and Japanese corporate governance models |  White Collar Investigator

"Corporate governance is the framework of laws, regulations and rules that govern/control the interactions and relationships between the owners, the board or the boards, managers and other parties that collectively are a part of a or any decision making process. Corporate governance came into existence to ensure that all parties can work for long-term benefits of the shareholders in a fair and ethical manner without damaging any elements of a corporation’s social responsibility." (Click here for the article) - US, UK, Germany, Japan

Happy Thanksgiving from the GCSG Service Team!

GCSG wishes you and your family a happy and safe Thanksgiving holiday!

This Thanksgiving we are thankful for all our clients and vendors and for the many successes we have achieved together this past year!

We are always here to partner with our clients to solve challenging compliance issues with a strategic, comprehensive, and common sense approach.  We strive to exceed our clients expectations by providing high quality compliance products and services while staying true to our core values of integrity, service and accountability.

Kindest regards,

GCSG Services Team

** *** **

About GCSG

We provide Advisory, Audit, and Due Diligence services for our clients across a range of industries in the areas of Import, Export and Customs compliance, Anti-Bribery and Corruption, Drug Precursor, and Distilled Spirts Plant compliance.  The GCSG service team delivers compliance program assessment, development and implementation support, audit, fraud investigation, and third-party due diligence and risk management services.

Learn more about GCSG by following us online or contacting us directly:

  • Facebook - http://www.facebook.com/globalcompliancesg.com

  • Twitter - https://twitter/com/GCSGLLC

  • LinkedIn - https://www.linkedin.com/company/global-compliance-solutions-group-llc

  • Instagram - http://instagram.com/globalcompliancesg.com

Contact us here.

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

Saudi Arabia detains more than 200 people in expanding 'anti-corruption' campaign |  Washington Post

"Saudi Arabia said Thursday that it had detained more than 200 people as part of an expanding “anti-corruption” campaign that has led to the arrests of at least 11 princes and some of the country’s wealthiest and most prominent business tycoons." (Click here for the article) - Saudi Arabia

Banks brace for rocky implementation of US Treasury beneficial ownership rules |  Reuters

"As banks prepare for compliance with the U.S. Treasury Department’s new Customer Due Diligence rule and its tricky beneficial ownership component, some compliance units are planning early implementation and making contingency plans for handling any problems as the new measures go live, bankers say. But banks still may not be doing enough to prepare, even as the amount of money being spent and number of Know Your Customer specialists spikes at large institutions." (Click here for the article) - USA

Fifa corruption trial hears allegations officials took millions in bribes |  The Guardian

"Inside a packed New York City courtroom, and under heightened security on Monday, US prosecutors accused three former South American football administrators of taking millions of dollars in bribes as part of a web of endemic corruption at the heart of the sport’s governing body, Fifa." (Click here for the article) - USA, Brazil

US manufacturers upbeat amid rising demand, promise of tax overhaul |  WSJ

"U.S. manufacturers are broadly upbeat heading into the final months of the year. They say they’re buoyed by steady economic growth at home, improving demand abroad, and expectations the Trump administration and Congress will deliver a package of lower taxes and other policies to stimulate demand for factory goods." (Click here for the article) - USA

US to work with Malaysia to enhance export controls | WSJ

"The US is working together with Malaysia to build expertise and capacity to enhance export control mechanisms between the two countries." (Click here for the article) - USA, Malaysia

US Lawyers propose changes to Justice Dept. monitor program | WSJ

"Experts see room to improve the U.S. Justice Department’s corporate-monitorship program, now under review as part of  a broader look at how prosecutors deter corporate fraud." (Click here for the article) - Global

Wall Street fines fall during first year of Trump administration | WSJ

"Penalties levied by the Securities and Exchange Commission dropped to a four-year low during the latest fiscal year, showing how a more friendly tone from regulators and the transition of political power can yield relief for Wall Street." (Click here for the article) - USA

China faces historic corruption battle ruling party's new graft buster says | The Japan Times

"China must win its battle against corruption or face being erased by history, its new top graft buster said in an editorial on Saturday, underscoring the ruling Communist Party’s focus on eliminating corrupt behavior." (Click here for the article) - China

Lafarge offices searched over Syria business links | Anti-Corruption Digest

"French investigators searched the offices of French-Swiss cement maker Lafarge Tuesday, the company said, as part of an inquiry into financial links to jihadist groups in Syria, including Islamic State." (Click here for the article) - France, Switzerland, Syria

Lessons in third-party compliance from trouble at Airbus | Corporate Counsel

"Airbus, the French aircraft maker, disclosed Tuesday that it may have violated U.S. law on the fees and commissions it paid to sales agents—raising the specter of a U.S. bribery probe to go along with French and U.K.investigations already underway." (Click here for the article) - France, US, United Kingdom

Italy approves law on whistle-blowing; what's new and how to get prepared | Hogan Lovels

"Following a long-lasting legislative process, on 15 November 2017 the Italian Parliament has finally approved a new piece of legislation introducing in Italy comprehensive whistle-blowing provisions, granting broader protection to employees deciding to report misconducts they have learned in the workplace ("Whistle-blowing Law")." (Click here for the article) - Italy

Monday Compliance News - Around the World

GCSG's Monday Compliance News is a compilation of some of the previous weeks interesting trade compliance, anti-bribery/corruption, fraud, and due diligence news bites, from around the world.

As US enforcement lags, international attention to domestic corruption takes front seat | Corporate Compliance Insights

"Indeed, the biggest FCPA settlement of the year, the $965 Million Telia Resolution, was a joint effort among U.S., Dutch and Swedish authorities.  While commentators may disagree about the cause of the apparent slowdown, or whether it will continue throughout the Trump presidency, it is undeniable that since January 23, 2017 enforcement authorities abroad have grabbed the major headlines in the international anti-corruption space." (Click here for the article) - Global

DEA Report: Bitcoin used for trade-based money laundering | Coindesk

"A new report from the U.S. Drug Enforcement Administration (DEA) claims that bitcoin is being used to facilitate trade-based money laundering (TBML) schemes." (Click here for the article) - USA, China

Ghana opens investigation into soccer corruption, fixing | News24

"Soccer officials in Ghana have opened an investigation into bribery, match-fixing and corruption." (Click here for the article) - Ghana

Corporate governance is a board issue for Japanese investors: Kageyama | Business Standard

"Foreign direct investment inflow to India from Japan has seen a sizeable leg-up over the past three-four years, growing from $1.7 billion in 2013-14 to $4.7 billion in 2016-17. Corporate investigation and risk consulting firm Kroll Inc’s regional managing director and head of Asia operations, Tadashi Kageyama, has over the years worked closely with many Japanese businesses and investors and helped them shape their India strategy. He shares with Sudipto Dey the key regulatory challenges that are of concern for many Japanese investors looking at India." (Click here for the article) - Japan, India

Canada warns NAFTA talks can't be "winner take all" | Bloomberg

"Canadian Foreign Minister Chrystia Freeland criticized a one-sided strategy in Nafta negotiations after U.S. Commerce Secretary Wilbur Ross said he wasn’t prepared to make concessions to reach a deal." (Click here for the article) - USA, Canada, Mexico

SAP reports itself to US authorities over Gupta scandal | WSJ

"German software maker SAP SE has reported itself to U.S. authorities after paying 94 million rand ($6.7 million) to companies with ties to South Africa’s controversial Gupta family to secure contracts with state-owned enterprises." (Click here for the article) - USA, Germany, South Africa

Standard Malaysia, MACC launch anti-bribery management system | Straits Times

"The Department of Standards Malaysia and Malaysian Anti-Corruption Malaysia launched an anti-bribery management system based on the Malaysian Standards ISO 37001:2016." (Click here for the article) - Malaysia

Fear grows that EU glyphosate ban could disrupt global trade | Politico

"Some of Europe’s biggest trade partners fear a potential EU ban on glyphosate could hit exports of crops ranging from Australian wheat to Brazilian soybeans." (Click here for the article) - Europe, Argentina, Australia, Brazil, Canada, New Zealand

Supreme Court 'corruption' ruling will factor in Menendez trial | New York Post

"A federal judge Tuesday began discussions over how a jury will be charged to deliberate the fate of New Jersey Sen. Bob Menendez and a wealthy pal from whom he’s accused of taking bribes by bringing up the 2016 Supreme Court decision that has changed the definition of “official corruption.” (Click here for the article) - USA

Akin Gump partner compelled to testify against Paul Manafort | Abovethelaw

"Usually lawyers can be confident that their communications with their clients and any work they do on their behalf will remain shielded from public consumption through the attorney-client and work-product privileges. We do not live in usual times." (Click here for the article) - USA

Airbus could face debarment, fine over US export control missteps - lawyers | Fox Business

"Airbus SE could be barred from receiving U.S. export licenses for military equipment over misstatements that the company says it made on certain arms deals, some legal experts said, though they see a monetary fine as a more likely outcome." (Click here for the article) - USA, UK, Brazil

US backs out of global oil anti-corruption effort | The Hill

"The Trump administration said Thursday it would exit an international effort to fight corruption that targeted revenue from oil and natural gas extraction." (Click here for the article) - USA

Billionaire Saudi Prince Alwaleed Bin Talal arrested in corruption crackdown | The Hill

"Saudi Arabia's Prince Alwaleed Bin Talal, a prominent member of the country's royal family and a wealthy investor, has been swept up in connection with a wide-ranging anti-corruption initiative, according to reports." (Click here for the article) - Saudi Arabia, USA

NAFTA country of origin marking rules - an overview | Braumiller Law Group

"Most trade professionals are quite familiar with the long-standing country of origin marking rules applicable to foreign produced goods imported and sold into the U.S., but many are not quite so familiar with the country of origin rules applicable to goods traded between the three NAFTA countries." (Click here for the article) - USA, Canada, Mexico

The importance of effective internal controls - learning from Hobby Lobby's mistakes | Braumiller Law Group

"Hobby Lobby has agreed to a settlement with the U.S. Attorney’s Office that requires the company to pay fines totaling $3 million, in addition to the surrender of a trove of ancient Middle Eastern artifacts, and the installation of rigorous new internal compliance standards to avoid future trade law violations." (Click here for the article) - USA

US trade deficit inches up in September | American Shipper

"The U.S. trade deficit ticked up another 1.7 percent between August and September to $43.5 billion as rising exports were offset by an even higher increase in imports." (Click here for the article) - USA

Five myths about white collar crime | Washington Post

"Bankers and government officials continue to feature prominently on our newspapers’ front pages — and not in a good way. Since the financial crisis of 2008, a string of political and corporate scandals has played out in our political and financial centers, and recent investigations of people close to President Trump, including Paul Manafort and Rick Gates, have produced indictments for money laundering and tax fraud. Corporate malfeasance, corruption and tax fraud are shrouded in misconceptions." (Click here for the article) - USA

New Canadian sanctions legislation in effect: Sergei Magnitsky Law | Blake Business Class

"On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)  imposing an asset freeze on a number of foreign nationals identified by the government to be responsible for, or complicit in, significant corruption or gross violations of human rights." (Click here for the article) - Canada

US Treasury levies further sanctions against Venezuelan officials | WSJ

"The U.S. Treasury Department sanctioned 10 current and former Venezuelan government officials Thursday as part of the Trump administration’s broader crackdown on the troubled Latin American country." (Click here for the article) - USA, Venezuela

SEC says companies can expect new guidelines on reporting cybersecurity breaches | WSJ

"A senior Securities and Exchange Commission regulator said Thursday that public companies will soon face new guidelines for how they report cybersecurity breaches to investors." (Click here for the article) - USA

Tech critical as government sharpens focus on sanctions violations | WSJ

"A senior Securities and Exchange Commission regulator said Thursday that public companies will soon face new guidelines for how they report cybersecurity breaches to investors." (Click here for the article) - Global

 

 

The World Bank Publishes Doing Business Report 2018

On October 31, 2017 the World Bank (WB) published the 15th edition (2018) of their Doing Business Report (the "Report").  The Report compares quantitative indicators from 190 countries in an effort to measure the ease of doing business in each country. 

The Report measures regulations in up to 11 different areas of the life of a business and it relies on data that is current as of June 1, 2017.  The ten areas included in the 2018 report are:

  • Starting a business
  • Dealing with construction permits
  • Getting electricity
  • Registering property
  • Getting credit
  • Protecting minority investors
  • Paying taxes
  • Trading across borders
  • Enforcing contracts
  • Resolving insolvency   

The report found that 119 countries saw improvements in their regulatory framework last year.  Reducing the complexity and cost of regulatory processes, obtaining credit, and trading across borders were the areas that saw the most improvement. 

The Doing Business Report is one of 19 risk indicators Global Compliance Solutions Group LLC (GCSG) uses in its quantitative Third-Party Risk Ranking tool (the "tool").  The tool uses the 19 indicators as well as 7 entity specific questions to generate a risk score.  The score is used to evaluate the potential risk a third-party poses to our client's business. 

For more information on GCSG's Third-Party Risk Ranking tool click here or contact GCSG directly for more information: info@globalcompliancesg.com     

Key Link(s):

UK Introduces Sanctions Bill

On October 18, 2017 the UK "Sanctions and Anti-Money Laundering Bill" (the "Bill") was introduced in the upper house of the Parliament of the UK.  The UK government news release stated the Bill "ensures that when the UK leaves the EU, we can continue to impose, update, and lift sanctions and AML regimes." (1)

Most of the sanctions regimes the UK is currently complying with had their powers established in the European Communities Act of 1972.  Once the UK fully withdraws from the European Union, the Bill will establish necessary legal authority in order to continue to work with their international partners and effectively enforce sanctions regimes and money laundering regulations. 

"This will enable us to impose sanctions as appropriate either alone or with partners in the EU and around the world, to take targeted action against countries, organizations and individuals who contravene international law, commit or finance terrorism or threaten international peace and security." (2) - Alan Duncan, Minister for Europe.

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