ANTI-BRIBERY AND CORRUPTION REVIEW JUNE 2018 CONTENTS Global contacts 3 World Map 4 Foreword 6 Europe, the Middle East and Africa 7 Belgium 8 Czech Republic 11 France 13 Germany 15 Italy 20 Luxembourg 22 Poland 23 Romania 25 Russia 28 Slovak Republic 31 Spain 32 The Netherlands 34 Turkey 36 Ukraine 38 United Arab Emirates 40 United Kingdom 41 The Americas 44 Brazil 45 United States of America 47 Asia Pacific 50 Australia 51 Hong Kong 53 Japan 56 People’s Republic of China 57 Singapore 58 Thailand 62 ANTI-BRIBERY AND CORRUPTION REVIEW GLOBAL CONTACTS EUROPE, THE MIDDLE EAST AND AFRICA Ukraine3 Belgium Sergiy Gryshko +380 44 390 22 19 Sébastien Ryelandt +32 2533 5988 United Arab Emirates Dorothée Vermeiren +32 2533 5063 James Abbott +971 4503 2608 Yana Paulovich +32 2533 5038 Jack Hardman +971 4503 2712 Czech Republic Connor Partos +971 4503 2664 Jan Dobrý +420 22255 5252 United Kingdom France Roger Best +44 20 7006 1640 Thomas Baudesson +33 14405 5443 Luke Tolaini +44 20 7006 4666 Charles-Henri Boeringer +33 14405 2464 Patricia Barratt +44 20 7006 8853 Marc Bailly +33 14405 5312 Zoe Osborne +44 20 7006 8293 Germany Heiner Hugger +49 697199 1283 THE AMERICAS David Pasewaldt +49 697199 1453 Brazil Gerson Raiser +49 697199 1450 Patrick Jackson +55 11 3019 6017 Italy Fernando Zanzarini +55 11 3019 6098 Antonio Golino +39 028063 4509 United States of America Jean-Paule Castagno +39 028063 4317 David DiBari +1 202912 5098 Pasquale Grella +39 028063 4289 Megan Gordon +1 202912 5021 Luxembourg Catherine Ennis +1 202912 5009 Albert Moro +352 485050 204 Olivier Poelmans +352 485050 421 ASIA PACIFIC Morocco Australia Mustapha Mourahib +212 52264 4310 Tim Grave +61 28922 8028 Poland Jenni Hill +61 89262 5582 Marcin Cieminski +48 22429 9515 Kirsten Scott +61 89262 5517 Pawel Pogorzelski +48 22429 9508 Lara Gotti +61 89262 5518 Romania Hong Kong Daniel Badea +40 216666 101 Wendy Wysong +852 2826 3460 Bianca Alecu +40 216666 127 Nigel Sharman +852 2825 8839 Nicholas Turner +852 2825 8854 Russia Feifei Yu +852 2825 8091 Timur Aitkulov +7 495725 6415 Olga Semushina +7 495725 6418 Japan Peter Coney +81 36632 6646 Saudi Arabia Masayuki Okamoto +81 36632 6665 Khalid Al-Abdulkareem +966 11481 9740 People’s Republic of China Slovak Republic1 Wendy Wysong +852 2826 3460 Alex Cook +420 22255 5212 Lei Shi +852 2826 3547 Stanislav Holec +420 22255 5251 Feifei Yu +852 2825 8091 Spain Singapore4 Sonia Trendafilova +34 91590 4172 Kabir Singh +65 6410 2273 Carlos Zabala +34 91590 7515 Janice Goh +65 6661 2021 The Netherlands Lijun Chui +65 6506 2752 Jeroen Ouwehand +31 20711 9130 Wan Yi Ho +65 6410 2275 Frans Muller +31 20711 9318 Thailand5 Guido Bergervoet +31 20711 9534 Jutharat Anuktanakul +662 266 6485 Ext. 148 Turkey2 Pranat Laohapairoj +662 266 6485 Ext. 148 Mete Yegin +90 212339 0012 Suphakorn Chueabunchai +662 266 6485 Ext. 145 Jared Grubb +90 212339 0007 Itir Çiftçi +90 212339 0077 Deniz Göçük +90 212339 0070 Seda Işınman +90 212339 0074 1 Contributed by lawyers from our Czech Republic office. 2 Contributed by Yegin Ciftci Attorney Partnership, our associated firm in Turkey. 3 Contributed by Redcliffe Partners, with whom Clifford Chance has a best friends relationship. 4 Contributed by Cavenagh Law LLP, our Formal Law Alliance partner in Singapore. 5 Contributed by Chandler MHM Limited. June 2018 3 ANTI-BRIBERY AND CORRUPTION REVIEW WORLD MAP Please click on the country name on the interactive map below to take you directly to the relevant chapter. CZECH REPUBLIC GERMANY THE NETHERLANDS UNITED KINGDOM BELGIUM FRANCE UNITED STATES OF AMERICA SPAIN LUXEMBOURG ITALY BRAZIL 4 June 2018 ANTI-BRIBERY AND CORRUPTION REVIEW RUSSIA CZECH POLAND REPUBLIC SLOVAK REPUBLIC GERMANY UKRAINE ROMANIA PEOPLE’S REPUBLIC OF CHINA TURKEY JAPAN HONG KONG ITALY THAILAND UNITED ARAB EMIRATES SINGAPORE AUSTRALIA June 2018 5 ANTI-BRIBERY AND CORRUPTION REVIEW FOREWORD Fighting bribery and corruption continues to be high on the agenda for both legislators and enforcement authorities all over the world, with further measures to encourage the reporting of corruption offences, to stem corruption in public procurement and to impose liability for corruption offences on companies. Germany has introduced a new law to implement a nation-wide central competition register specifically covering corruption-related offences, while the People’s Republic of China has introduced stricter rules on commercial bribery. The Australian legislator presented a draft Bill that proposes further strengthening of the criminal offence of bribing foreign public officials, while both Russia and Spain have acted to tighten rules on bribery in public procurement. Italy has adopted new legislation to facilitate whistleblowing and, at the same time, the US and France have both introduced new incentives for companies to disclose corruption offences voluntarily and to cooperate with prosecutors during investigations, while Japan is proposing to implement a similar regime. The theme of corporate criminal liability is also a focus for governments with new initiatives in Australia, Germany and Poland. Meanwhile, the UK Government’s Anti-Corruption Strategy 2017 – 2022 includes interim freezing orders designed to improve recovery of assets obtained through bribery or corruption. It remains important for international companies to keep up with these developments in the jurisdictions in which they operate and to keep their compliance programmes up-to-date to address risks to their business. Patricia Barratt and David Pasewaldt, Editors Patricia Barratt David Pasewaldt Director of Anti-Bribery Counsel Compliance Frankfurt London T: +49 697199 1453 T: +44 20 7006 8853 E: david.pasewaldt@ E: patricia.barratt@ cliffordchance.com cliffordchance.com 6 June 2018 EUROPE, THE MIDDLE EAST AND AFRICA ANTI-BRIBERY AND CORRUPTION REVIEW BELGIUM Changes to legislation Belgian national of Kazakh origin to avoid with searches at the Justice of the prosecution. It is also alleged that the Peace’s offices and in the judge’s private In response to a preliminary reference, former French president, Mr Sarkozy, apartment in 2014, the investigation was the Belgian Constitutional Court recently pushed for the adoption of the new law. completed and, according to the press, clarified that, although the Belgian legal The facts date back to 2011. a hearing was set for 30 March 2018 provisions on active bribery formally only before the Court of Appeal of Ghent. incriminate the act of ‘proposing’ an Last year, investigative measures against The outcome of the proceedings is as advantage, it has always been the intent a magistrate involved in the negotiation of yet unknown. of the legislator to also render punishable the criminal settlement with the Belgian the actual ‘giving’ of the advantage. This national were initiated. It is alleged that decision settles the doubts which were Enforcement trends this magistrate obtained a gift of favour to raised by the OECD Working Group in Generally speaking, there have been few a non-profit organisation he is in charge 2005 on this point. enforcement cases in Belgium and there of in exchange for the conclusion of the is very little case law. Recent years have criminal settlement agreement. The Belgian Court of Cassation seen even less activity due to relocations furthermore clarified in a recent judgment of staff and budget cuts in the judiciary. The former president of the Belgian that the offence of trading in influence is The lack of resources has led to long Senate and member of the Brussels’ a form of bribery which aims at the delays in the treatment of cases, the Parliament, who is also a lawyer at the exercise by the bribed person of influence expiry of the statute of limitations in some Brussels bar, was recently indicted for to obtain the omission or performance of instances (especially international bribery trading in influence in connection with an act by a public authority or cases) and a lack of prosecution or the charges that he (allegedly) pushed for the administration, and not at the actual closing of cases. adoption of the new law. While there have omission or performance of the act by been several indictments in France, this is that authority or administration. The According to the latest statistics published the first indictment in Belgium. It is alleged request for the use of influence must be by the Belgian Service for Criminal Policy, that the indicted received EUR 740,000 in addressed to a public official, as there were four convictions for private exchange for his “services”. He was asked determined based on the function which sector corruption and ten convictions for by his political party to resign from all his that person exercises (and not his/her public sector bribery in 20161. No mandates and decided to leave the party. qualification). Whilst the request for the distinction is made between foreign use of the public official’s influence must bribery and domestic bribery. Kazakhgate has led to the creation of a furthermore be addressed to him/her in parliamentary investigation commission, the execution of his/her public mandate, In addition, the records of the Belgian which is currently actively investigating the envisaged, actual or alleged, Financial Intelligence Processing Unit this matter. influence, can exceed the scope thereof. (Cellule de Traitement des Informations Financières/Cel voor Financiële Another noteworthy prosecution is that of Informatieverwerking, or CTIF-CFI), which Prosecutions and a Justice of the Peace (the lowest judicial processes suspicious financial civil instance in Belgium) from Oostende enforcement actions transactions related to money laundering who has been accused of forgery, theft In terms of enforcement actions and and terrorist financing, show that in 2016 from vulnerable persons, passive bribery, prosecutions, several Belgian nationals it reported six cases of embezzlement conflict of interest and money laundering.