2016 - Orihuela Abogados I Attorneys at Law

Can a peasant community leader be considered a “government official” under the FCPA?

15

Apr

News and Publicationsfcpa, Peru

Can a peasant community leader be considered a “government official” under the FCPA?

Despite a slow-down in the global mining industry, Latin America remains a key destination for mining investment because of the sizeable wealth of its mineral resources, reduced operating costs and incentive-based policies. Corruption, however, is a key concern when it comes to doing business in Latin America. Despite a couple of notable exceptions such as Chile and Uruguay, most countries in Latin America score relatively low in the latest ranking of the Corruption Perceptions…

02

Mar

News and Publications

3 Questions

3 DOJ Questions: Do compliance personnel have the right expertise? What do low level employees know about compliance? What are management and the board doing in terms of compliance? These were some of the compliance questions announced by the DOJ on February 9, 2016. Full list to be published soon.

Transparency International Corruption 2017

02

Mar

News and Publications2017, anti-corruption, Peru, transparency international

Transparency International Corruption 2017

75% Transparency International's 2017 Corruption Perceptions Index highlights that the majority of countries are making little or no progress in ending corruption. For 2017, the index found that more than two-thirds of countries score below 50, with an average score of 43. The index ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and businesspeople, using a scale of 0 to 100, where 0 is highly corrupt and…

02

Mar

News and Publicationsanti-corruption, Whistleblower

Whistleblower Awards

$250 million Amount awarded by the SEC to whistleblowers since the inception of the agency’s whistleblower program in 2011. Enforcement actions from whistleblower tips have resulted in more than $1 billion in financial remedies.

02

Mar

Anti-corruption, Compliance and Governancecompliance, fcpa

FCPA violations

$820 million and rising Walmart’s legal fees and other costs associated with DOJ and SEC investigations of alleged FCPA violations, including revamping its global compliance program. (2012 to date)

25

Feb

Anti-corruption, Compliance and Governancecompliance

FCPA Compliance: 5 Overlooked Issues

1. Single Compliance Program: A “one size fits all” compliance program does not often work. Must take into account risk/cultural aspects of every country and have a proportionate global program. Must be able to demonstrate compliance program works effectively and has been tested: Prevent-Detect-Respond. Materiality does not matter, issue is whether your internal control system works effectively to detect and avoid illegal payments. 2. Unsupervised 3Ps: Largest source of FCPA violations comes from third parties (3Ps): Agents, Distributors,…

25

Feb

Awardsmining, Peru

Mining 2013 Peru

Overview of the mining industry in Peru: What is the significance of the mining industry as a component of the national economy? Peru is a multi-metallic country that has one of the world’s largest mining reserves. It is the third-largest global producer of copper, silver, zinc and tin; and within Latin America, is the largest producer of gold, zinc, tin and lead. During 2012 Peru welcomed approximately $8.5 billion of mining-related investments to be…

25

Feb

AwardsPeru, water

Water in Peru

Peru is a large producer of water due to its geographical configuration and extensive coast, including the Andes mountain chain, which with its high altitude and abrupt geomorphology has contributed to water distribution. This combination in addition to climatic factors has generated a large number of microclimates and ecosystems in the country. Today, even the coastal region, predominantly a desert throughout its 2000 kilometers in length, is crossed by approximately 20 large rivers that…