Orihuela has first-hand experience in anti-corruption compliance throughout Latin America, having represented clients in numerous matters, including in connection with high profile corruption cases in the region.
Our expertise includes:
- Bilingual drafting and implementation of policies, programs and risk mitigation strategies.
- Corruption risk assessments and development of prevention measures.
- Design and implementation of comprehensive Corporate Compliance Programs in compliance with international anti-corruption guidelines and in-country legal requirements.
- Periodic review and enhancement of anti-bribery programs.
- Hands-on involvement on internal corporate criminal and forensic investigations, remediation and crisis management plans.
- Development of internal compliance processes and procedural manuals in accordance with FCPA, SOX, AML and local country standards.
- Training on law and policy for varied audiences and cultures, ranging from board rooms, senior management, legal and accounting teams to large employee teams. Bilingual learning materials and live on-site training sessions.
- Conduct integrity and enhanced FCPA due diligence on acquisition targets and third-party intermediaries.
- Track and summarize regulatory developments and guidelines published by the SEC and DOJ.
- Monitoring of global anti-corruption enforcement actions and compliance trends.
- Assessment of corruption risks related to charitable donations, gifts and entertainment, third party liability, vendor onboarding, joint ventures and best hiring practices.
- Cooperation and assistance to ensure compliance of Deferred Prosecution Agreements throughout Latin America, including close coordination with team of U.S. monitors and in-country monitor visits.
- Conduct background, exclusion, debarment and enhanced due diligence and anti-corruption screenings.
- Strong familiarity with diverse risk databases, including those of the DOJ, SEC, OFAC and World Bank, among others.
- Regular monitoring of global regulatory developments, with particular focus on U.S. enforcement agencies.
- Design and implement comprehensive corporate compliance programs under FCPA guidelines and Peru laws on anti-corruption, anti-money laundering and terrorism financing prevention.
The Foreign Corrupt Practices Act (known as the “FCPA”) is a United States legislation that prohibits acts of corruption by companies or individuals from any country that have a commercial connection to the United States, by sanctioning the bribery of public officials and requiring the disclosure of certain financial and accounting information.
The FCPA imposes corporate liability, responsibility for third parties and extraterritoriality for corruption related offenses, thereby holding entities and individuals criminally and civilly responsible for corruption offenses committed outside of the United States. Of critical importance is the increasing intertwine of the FCPA with other U.S. laws that can establish corruption related offenses where FCPA offences are not present, thereby expanding the reach of the FCPA and prosecution of overseas activity that other laws do not reach, such as travel, commerce, mail and wire statutes, anti-money laundering, whistleblower, fraud, data privacy and other laws.
Given Latin America’s political and economic stability, the continuous growing trend in international anti-corruption regulation and enforcement, including the enactment of new legislation in several Latin American countries encouraging parallel investigations and cooperation with their foreign counterparts, companies, investors and corporate executives involved in the region need to be aware and better prepared for a stricter playing field, in which anti-corruption and anti-bribery measures play a key role.
Orihuela has hands-on experienced in providing counsel to companies on the provisions of the FCPA, related U.S. legislation and anti-bribery compliance under local laws in Latin America. More importantly, we know the Latin American culture and understand all aspects of doing business in the region. Please refer to the Summary of Expertise above and request our list of Representative Transactions for additional information.