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Anti-Corruption Regulation in 44 Jurisdictions Worldwide 2014 Contributing Editor: Homer E Moyer Jr

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Anti-Corruption Regulation in 44 Jurisdictions Worldwide 2014 Contributing Editor: Homer E Moyer Jr Anti-Corruption Regulation in 44 jurisdictions worldwide 2014 Contributing editor: Homer E Moyer Jr Published by Getting the Deal Through in association with: Advokatfirman Delphi Afridi & Angell Anagnostopoulos Criminal Law & Litigation Anderson M¯ori & Tomotsune Andreas Neocleous & Co LLC Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW) Assertia Pty Ltd AZB & Partners BDO AS Bennett Jones LLP BON, Advocates Dr Kai Hart-Hönig Rechtsanwälte ELIG˙ Attorneys-at-Law Goussanem & Aloui Law Firm Governance Latam · Guillermo Jorge, Fernando Basch & Asociados Greenberg Traurig SC Hoet Peláez Castillo & Duque Horn & Co Law Offices Ivanyan & Partners K&L Gates LLP Kensington Swan Kim & Chang Kruk and Partners Law Firm Lampert & Schächle Attorneys at Law Ltd Lebray & Associés Mami´c Peri´c Reberski Rimac Matheson Mboya Wangong’u & Waiyaki Advocates Miller & Chevalier Chartered Moalem Weitemeyer Bendtsen Law Firm Ndikum Law Offices Norton Rose Fulbright (Asia) LLP OECD Oliva-Ayala Abogados Orihuela Abogados | Attorneys at Law Paz Horowitz Robalino Garcés Peters & Peters Plesner Law Firm PLMJ – Sociedade de Advogados, RL Schellenberg Wittmer Ltd Sedgwick Chudleigh Ltd Sofunde, Osakwe, Ogundipe & Belgore Studio Legale Pisano The Law Firm of Salah Al-Hejailan Transparency International Vasil Kisil & Partners Veirano Advogados CONTENTS Anti-Corruption Regulation 2014 Global Overview 3 Canada 52 Homer E Moyer Jr Milos Barutciski Contributing editor: Miller & Chevalier Chartered Bennett Jones LLP Homer E Moyer Jr Miller & Chevalier Chartered Anti-corruption: progress on enforcement 9 China 59 Monty Raphael QC Amy L Sommers and Cecillia Dai Transparency International UK K&L Gates LLP Getting the Deal Through is delighted to publish the eighth edition of Anti-Corruption Regulation, a volume in our series of annual Fifteen years of the OECD Anti-Bribery Croatia 67 Convention 10 reports that provide international analysis Natalija Peri´c in key areas of law and policy for corporate Nicola Bonucci and Leah Ambler Mami´c Peri´c Reberski Rimac counsel, cross-border legal practitioners and OECD business people. Cyprus 71 Asset recovery: an essential tool in the Panayiotis Neocleous and Following the format adopted throughout fight against corruption 12 Costas Stamatiou the series, the same key questions are Stéphane Bonifassi Andreas Neocleous & Co LLC answered by leading practitioners in each Lebray & Associés of the 44 jurisdictions featured. New Denmark 76 jurisdictions this year include Algeria, Algeria 14 Bermuda, Cameroon, Denmark, Ecuador, Andreas Bernhard Kirk and Malaysia, Peru and Portugal. There is also Khaled Goussanem and Salima Aloui Christian Bredtoft Guldmann Goussanem & Aloui Law Firm Plesner Law Firm and Moalem Weitemeyer a new chapter on asset recovery, in addition Bendtsen Law Firm to a global overview and the perspectives of Transparency International and the OECD. Argentina 18 Fernando Basch and Guillermo Jorge Ecuador 82 Every effort has been made to ensure Governance Latam · Guillermo Jorge, Bruce Horowitz that matters of concern to readers are Fernando Basch & Asociados Paz Horowitz Robalino Garcés covered. However, specific legal advice should always be sought from experienced Australia 25 France 86 local advisers. Getting the Deal Through publications are updated annually in print. Jane Ellis and Rob Smith Stéphane Bonifassi Assertia Pty Ltd Lebray & Associés Please ensure you are referring to the latest print edition or to the online version at www.GettingTheDealThrough.com. Bermuda 33 Germany 91 Alex Potts and Chen Foley Kai Hart-Hönig Getting the Deal Through gratefully Sedgwick Chudleigh Ltd Dr Kai Hart-Hönig Rechtsanwälte acknowledges the efforts of all the contributors to this volume, who were Brazil 41 Greece 96 chosen for their recognised expertise. We would also like to extend special thanks Luiz Navarro Ilias G Anagnostopoulos and Veirano Advogados Jerina (Gerasimoula) Zapanti to contributing editor Homer E Moyer Jr Anagnostopoulos Criminal Law & Litigation of Miller & Chevalier Chartered for his continued assistance with this volume. Cameroon 46 Philip Forsang Ndikum India 101 Getting the Deal Through Ndikum Law Offices Aditya Vikram Bhat and Richa Roy London AZB & Partners February 2014 Publisher The information provided in this publication is Gideon Roberton Law general and may not apply in a specific situation. [email protected] Legal advice should always be sought before Business taking any legal action based on the information Subscriptions provided. This information is not intended to Rachel Nurse Research create, nor does receipt of it constitute, a lawyer– [email protected] client relationship. The publishers and authors Published by accept no responsibility for any acts or omissions Business development managers Law Business Research Ltd contained herein. Although the information George Ingledew 87 Lancaster Road provided is accurate as of February 2014, be [email protected] London W11 1QQ, UK advised that this is a developing area. Tel: +44 20 7908 1188 Alan Lee Fax: +44 20 7229 6910 Printed and distributed by [email protected] © Law Business Research Ltd 2014 Encompass Print Solutions No photocopying: copyright licences do not apply. Tel: 0844 2480 112 Dan White First published 2007 [email protected] Eighth edition 2014 ISSN 1754-4874 www.gettingthedealthrough.com 1 CONTENTS Ireland 110 Norway 172 Switzerland 231 Carina Lawlor and Bríd Munnelly Erling Grimstad Peter Burckhardt, Paul Gully-Hart and Matheson BDO AS Roland Ryser Schellenberg Wittmer Ltd Israel 117 Peru 177 Yuval Horn, Ohad Mamann and Alon Harel Sandra Orihuela Turkey 238 Horn & Co Law Offices Orihuela Abogados | Attorneys at Law Gönenç Gürkaynak and Ç Olgu Kama ELIG˙ Attorneys-at-Law Italy 122 Philippines 182 Roberto Pisano Francisco Ed Lim and Ukraine 245 Studio Legale Pisano Chrysilla Carissa P Bautista Yaroslav Teklyuk, Viacheslav Pieskov and Angara Abello Concepcion Regala & Cruz Valeriia Tryfonova Law Offices (ACCRALAW) Vasil Kisil & Partners Japan 129 Kenichi Sadaka and Kei Akagawa Anderson Mori¯ & Tomotsune Poland 188 United Arab Emirates 252 Jarosław Kruk and Charles Laubach Aleksandra Matwiejko-Demusiak Afridi & Angell Kenya 135 Kruk and Partners Law Firm Godwin Wangong’u and CG Mbugua Mboya Wangong’u & Waiyaki Advocates United Kingdom 259 Portugal 194 Monty Raphael QC Alexandra Mota Gomes and Dirce Rente Peters & Peters Korea 141 PLMJ – Sociedade de Advogados, RL Kyungsun Kyle Choi and Liz Kyo-Hwa Chung Kim & Chang United States 274 Russia 202 Homer E Moyer Jr, James G Tillen, Marc Vasily Torkanovskiy Alain Bohn and Amelia Hairston-Porter Liechtenstein 146 Ivanyan & Partners Miller & Chevalier Chartered Siegbert Lampert and Rudolf Schächle Lampert & Schächle Attorneys at Law Ltd Saudi Arabia 209 Venezuela 282 Robert Thoms and Sultan Al-Hejailan Fernando Peláez-Pier and Gerardo Briceño Malaysia 151 The Law Firm of Salah Al-Hejailan Hoet Peláez Castillo & Duque Edmund Bon and New Sin Yew BON, Advocates Singapore 212 Appendix: Wilson Ang Corruption Perceptions Index 287 Mexico 156 Norton Rose Fulbright (Asia) LLP Transparency International Luis Rubio Barnetche, Bertha Alicia Ordaz-Avilés and Héctor Cuevas González Greenberg Traurig SC Spain 220 Laura Martínez-Sanz and Jaime González Gugel New Zealand 161 Oliva-Ayala Abogados Hayden Wilson Kensington Swan Sweden 224 Olof Rågmark and Sofia Karlsson Nigeria 168 Advokatfirman Delphi Babajide O Ogundipe and Chukwuma Ezediaro Sofunde, Osakwe, Ogundipe & Belgore 2 Getting the Deal Through – Anti-Corruption Regulation 2014 CAMEROON Ndikum Law Offices Cameroon Philip Forsang Ndikum Ndikum Law Offices 1 International anti-corruption conventions Criminal Procedure Code To which international anti-corruption conventions is your country a Part XI (sections 642 to 675) of the Cameroon Criminal Procedure signatory? Code, promulgated by Law No. 2005/007 of 27 July 2005, is dedicated to extradition. Section 642 (2) of the Criminal Procedure Cameroon ratified the United Nations Convention against Corrup- Code states: tion (UNCAC) on 6 February 2006. Felonies and misdemeanours of which are not directed against any Cameroon appended its signature to the African Union Conven- kind of government shall be considered as common law offences and tion on Prevention and Combating Corruption on 30 June 2008, but may justify extradition. has yet to ratify the convention. Offences of universal jurisdiction provided by international Cameroon ratified the United Nations Convention against Trans- conventions and ratified by Cameroon shall be considered as national Organized Crime on 6 February 2006. ordinary law offences. The Cooperation agreement between the French Central Service for the Prevention of Corruption (SCPC) was signed on 11 December Accordingly, both international Conventions ratified by Cameroon 2011 in Yaounde. and national laws dealing with corruption are punished similarly. 2 Foreign and domestic bribery laws CONAC Identify and describe your national laws and regulations prohibiting The National Anti-Corruption Commission (CONAC) was created bribery of foreign public officials (foreign bribery laws) and domestic by Decree No. 2006/088 of 11 March 2006 to fight corruption. public officials (domestic bribery laws). Finance The Constitution of Cameroon, article 66, stipulates that civil Law No. 2003/004 on bank confidentiality was passed on 21 servants shall declare their assets and property at the beginning and April 2003
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