Anti-Corruption Laws: Get Ready To Do Business

Article by Felipe Allende¹ and André Boivin

In recent years, changes to the landscape of corporate risk due to intensification of public scrutiny and evident tightening of foreign anti-corruption laws ("FACL") and their enforcement in North America, the UK and Europe, have prompted companies subject to such regulations² ("Subject Entities") to be seriously focused on adopting and implementing rigorous internal policies, practices and compliance procedures in order to protect themselves against accusations of bribery and/or corruption of foreign public officials.

FACL do not apply to Latin American or other foreign companies unless they have certain nexus with a FACL jurisdiction. Nevertheless, FACL may still have serious indirect business implications for Latin American companies. A Subject Entity may be liable under applicable FACL for the conduct of its third party agents or intermediaries such as brokers, advisers, government relations experts, contractors,