Companies doing business in the country should evaluate their compliance programs to avoid the law's sanctions on violators.
On August 2, Brazilian President Dilma Rousseff signed Law No. 12,846/2013—unofficially called the "Anti-Corruption Law"—which will come into effect on January 29, 2014. The enactment of the Anti-Corruption Law comes long after the Organisation for Economic Co-operation and Development's (OECD's) 2007 recommendation that Brazil strengthen its corporate liability laws on foreign bribery. Brazil has been a party to the Anti-Bribery Convention of the OECD since 2000 and the United Nations Convention against Corruption since 2005. Brazil now joins a group of Latin American countries that have enacted laws to crack down on public corruption.
The Anti-Corruption Law will do the following:
Brazilian legislators were not shy with respect to sanctions on violators of the Anti-Corruption Law, setting forth administrative fines of up to 20% of the gross revenue from the previous year of a company found guilty of corruption or up to BRL $60 million (around USD $30 million) if gross revenues cannot be ascertained. In addition, penalties may include disgorgement of benefits, suspension of activities, and even closure and dissolution of the violating company.
Implications
Organizations doing business in Brazil should ensure their anti-corruption compliance programs meet the elements of the U.S. Federal Sentencing Guidelines. By implementing and maintaining such a program, organizations can detect and prevent corrupt conduct. In addition, the Brazilian Anti-Corruption Law provides that enforcement authorities may consider the existence and strength of a company's anti-corruption compliance program in evaluating sanctions. Similarly, in many other jurisdictions, including the United States, a strong anti-corruption compliance program is often considered by government authorities to be a mitigating factor in both the decision to bring an enforcement action and in the assessment of criminal and civil penalties.
Contacts
Morgan Lewis's White Collar Practice
Morgan Lewis's national and international White Collar Practice features dozens of former prosecutors and former high-level government officials whose experience representing companies and individuals covers a broad array of substantive white collar and government enforcement areas, including, among others:
If you have any questions regarding this LawFlash, or require assistance with any issue relating to the defense of a government enforcement matter, please contact the authors, Alison Tanchyk (215.963.5847; atanchyk@morganlewis.com), Felipe Alice (713.890.5763; falice@morganlewis.com), or Humberto Padilla Gonzalez (713.890.5164; hpadilla@morganlewis.com), or any of our white collar practitioners:
New York
Kelly A. Moore
Martha B. Stolley
Philadelphia
Eric W. Sitarchuk
John C. Dodds
Eric Kraeutler
Lisa C. Dykstra
Nathan J. Andrisani
Meredith S. Auten
Alison Tanchyk
San Francisco
Susan D. Resley
Washington, D.C.
Fred F. Fielding
Margaret M. Gatti
Daniel Levin
Ronald J. Tenpas
Kathleen McDermott
Scott A. Memmott
Wilmington
Colm F. Connolly
London
Nick Greenwood
David Waldron
Iain Wright
Moscow
Vasilisa Strizh
Nane Oganesyan