This document provides an overview of approaches to anti-corruption, anti-fraud, and compliance from an international and Peruvian perspective. It discusses the development of international legal instruments to combat corruption, fraud, money laundering, and other financial crimes. It also outlines Peru's domestic laws and recent initiatives to establish administrative liability for legal entities engaged in foreign bribery. The document argues that collective action between government and business is needed to effectively address corruption and fraud on a global scale. It views Peru's new law as an opportunity for companies to strengthen prevention efforts and business practices.
People and Corruption Asia Pacific – Global Corruption BarometerMYO AUNG Myanmar
http://www.transparency.org/whatwedo/publication/people_and_corruption_asia_pacific_global_corruption_barometer
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETER
Filed under - Surveys
Report published 7 March 2017
In the most extensive survey of its kind, we spoke to 21,861 people in 16 countries, regions and territories across the Asia Pacific region between July 2015 and January 2017 about their perceptions and experiences of corruption. The survey results show a great diversity in the corruption risks across the region, but in every country surveyed there is scope for improved approaches to corruption prevention.
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETERMYO AUNG Myanmar
PEOPLE AND CORRUPTION: ASIA PACIFIC
Global Corruption Barometer
https://www.transparency.org/whatwedo/publication/people_and_corruption_asia_pacific_global_corruption_barometer
In the most extensive survey of its kind, we spoke to 21,861 people in 16 countries, regions and territories across the Asia Pacific region between July 2015 and January 2017 about their perceptions and experiences of corruption. The survey results show a great diversity in the corruption risks across the region, but in every country surveyed there is scope for improved approaches to corruption prevention.
https://www.transparency.org/files/content/publication/2017_GCB_AsiaPacific_CoreQuestionnaire_EN.pdf
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETER
Corruption in Pakistan, serve as the root cause of all the problems which we are facing now a days, so u can have a look, that what are the causes, effects and solution to corruption, in Pakistan. For complete detail report write me at riazgulsheikh@gmail.com
My engagement at the Second International Conference 2020 on “The Integrity, Transparency and Accountability Policies… Theory and Practice” via zoom platform, of the Palestinian Anti-Corruption Commission was conducted on December 9, 2020.
The following presentation is an integral part of this speech:
https://www.slideshare.net/MohammedMasoudCPACFE/the-ten-principles-of-fighting-corruption-institutionalizing-integrity-transparency-and-accountability
People and Corruption Asia Pacific – Global Corruption BarometerMYO AUNG Myanmar
http://www.transparency.org/whatwedo/publication/people_and_corruption_asia_pacific_global_corruption_barometer
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETER
Filed under - Surveys
Report published 7 March 2017
In the most extensive survey of its kind, we spoke to 21,861 people in 16 countries, regions and territories across the Asia Pacific region between July 2015 and January 2017 about their perceptions and experiences of corruption. The survey results show a great diversity in the corruption risks across the region, but in every country surveyed there is scope for improved approaches to corruption prevention.
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETERMYO AUNG Myanmar
PEOPLE AND CORRUPTION: ASIA PACIFIC
Global Corruption Barometer
https://www.transparency.org/whatwedo/publication/people_and_corruption_asia_pacific_global_corruption_barometer
In the most extensive survey of its kind, we spoke to 21,861 people in 16 countries, regions and territories across the Asia Pacific region between July 2015 and January 2017 about their perceptions and experiences of corruption. The survey results show a great diversity in the corruption risks across the region, but in every country surveyed there is scope for improved approaches to corruption prevention.
https://www.transparency.org/files/content/publication/2017_GCB_AsiaPacific_CoreQuestionnaire_EN.pdf
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETER
Corruption in Pakistan, serve as the root cause of all the problems which we are facing now a days, so u can have a look, that what are the causes, effects and solution to corruption, in Pakistan. For complete detail report write me at riazgulsheikh@gmail.com
My engagement at the Second International Conference 2020 on “The Integrity, Transparency and Accountability Policies… Theory and Practice” via zoom platform, of the Palestinian Anti-Corruption Commission was conducted on December 9, 2020.
The following presentation is an integral part of this speech:
https://www.slideshare.net/MohammedMasoudCPACFE/the-ten-principles-of-fighting-corruption-institutionalizing-integrity-transparency-and-accountability
En este número de la Revista Carta de España, editada por el Ministerio de Trabajo e Inmigración repasa el Congreso de jóvenes en Montevideo, Conmemoración del exilio, Acuerdo OIJ-Descendientes, Españoles en S. Antonio de los Baños, El legado de Celestino Mutis.
Hôpital Universitaire de Mirebalais (HUM) Costing StudyHFG Project
The Health Finance and Governance Project (HFG), funded by USAID, was asked by to work with Partners in Health and its sister organization in Haiti, Zanmi Lasante, (PIH/ZL) to conduct a costing study of the recently opened Hôpital Universitaire de Mirebalais (HUM). The objective of the study is to provide data and information that will support the development of a financial sustainability plan for HUM.
Resumen:
La aplicación de ultrasonido terapéutico en emisión continua de 1,5 vatios / ctms a cada lado del cartílago tiroides, durante 2,5 minutos en la patología de la disfonía debido a nódulos vocales es eficaz y eficiente la solución de todos los nodulos en doce sesiones de ultrasonido terapéutico.
En las siguientes diapositivas encontraras algunos aspectos de los órganos de los sentidos tales como:
sus características, su funcionamiento, las partes por las cuales están constituidos y por ultimo la importancia de cada uno de ellos para los seres humanos.
Special Report: The Evolution of the Global Anti-Corruption MovementMYO AUNG Myanmar
Special Report: The Evolution of the Global Anti-Corruption Movement
From the enactment of the Foreign Corrupt Practices Act (FCPA) in 1977, the global anti-corruption landscape has seen dramatic evolution
and rapid intensification over the past 40 years. Along with a detailed and informative timeline, our Special Report highlights
3 megatrends that offer a glimpse into the future of anti-corruption and offers vital lessons for businesses across the globe.
https://ethixbase.com/wp-content/uploads/2017/06/Special-Report_The-Evolution-of-the-Global-Anti-Corruption-Movement-Print-Version.pdf
https://ethixbase.com/special-report-evolution-global-anti-corruption-movement/?utm_source=EAM&utm_medium=Email&utm_campaign=SpecialReportEAM
https://www.facebook.com/pg/ethiXbase/about/?ref=page_internal
https://ethixbase.com/special-report-evolution-global-anti-corruption-movement/
The national anti corruption conference 2014Lwazi L.
The purpose of the National Anti-Corruption Conference 2014 is to lobby for multi-sectoral collaboration and standardisation in the fight against corruption in South Africa. The Conference provides an opportunity for high-level
government and business representatives, as well as civil society, to examine best practices for combating corruption with a particular focus on; promoting transparency and integrity in organising sport and other major events and
establishing cutting-edge measures for governments and business to combat corruption.
En este número de la Revista Carta de España, editada por el Ministerio de Trabajo e Inmigración repasa el Congreso de jóvenes en Montevideo, Conmemoración del exilio, Acuerdo OIJ-Descendientes, Españoles en S. Antonio de los Baños, El legado de Celestino Mutis.
Hôpital Universitaire de Mirebalais (HUM) Costing StudyHFG Project
The Health Finance and Governance Project (HFG), funded by USAID, was asked by to work with Partners in Health and its sister organization in Haiti, Zanmi Lasante, (PIH/ZL) to conduct a costing study of the recently opened Hôpital Universitaire de Mirebalais (HUM). The objective of the study is to provide data and information that will support the development of a financial sustainability plan for HUM.
Resumen:
La aplicación de ultrasonido terapéutico en emisión continua de 1,5 vatios / ctms a cada lado del cartílago tiroides, durante 2,5 minutos en la patología de la disfonía debido a nódulos vocales es eficaz y eficiente la solución de todos los nodulos en doce sesiones de ultrasonido terapéutico.
En las siguientes diapositivas encontraras algunos aspectos de los órganos de los sentidos tales como:
sus características, su funcionamiento, las partes por las cuales están constituidos y por ultimo la importancia de cada uno de ellos para los seres humanos.
Special Report: The Evolution of the Global Anti-Corruption MovementMYO AUNG Myanmar
Special Report: The Evolution of the Global Anti-Corruption Movement
From the enactment of the Foreign Corrupt Practices Act (FCPA) in 1977, the global anti-corruption landscape has seen dramatic evolution
and rapid intensification over the past 40 years. Along with a detailed and informative timeline, our Special Report highlights
3 megatrends that offer a glimpse into the future of anti-corruption and offers vital lessons for businesses across the globe.
https://ethixbase.com/wp-content/uploads/2017/06/Special-Report_The-Evolution-of-the-Global-Anti-Corruption-Movement-Print-Version.pdf
https://ethixbase.com/special-report-evolution-global-anti-corruption-movement/?utm_source=EAM&utm_medium=Email&utm_campaign=SpecialReportEAM
https://www.facebook.com/pg/ethiXbase/about/?ref=page_internal
https://ethixbase.com/special-report-evolution-global-anti-corruption-movement/
The national anti corruption conference 2014Lwazi L.
The purpose of the National Anti-Corruption Conference 2014 is to lobby for multi-sectoral collaboration and standardisation in the fight against corruption in South Africa. The Conference provides an opportunity for high-level
government and business representatives, as well as civil society, to examine best practices for combating corruption with a particular focus on; promoting transparency and integrity in organising sport and other major events and
establishing cutting-edge measures for governments and business to combat corruption.
Enhancing Integrity for Business Development in the Middle East and North AfricaOECDglobal
Panel 3: Mr. Fadi SAAB Chairman, Anti-Corruption Committee, ICC Lebanon, Anti-Corruption Committee, ICC Lebanon; Enhancing Integrity for Business Development in the Middle East and North Africa, 18 April 2016, Paris, France, Session 3
Good day all,
Please find attached the September 2017 edition of our very informative Newsletter. Apologies for the tardiness.
We look forward to your continuing support and comments. Please send all comments and suggestions to training@kawmanagement.com or training.kawmgmt@candw.ag.
Happy reading.
apping the power of information and technology can help combat criminal activity and lead to rule of law and better and easier decision-making around the world. Effective anti-money laundering and fraud detection programs, based on international cooperation and transparency of information, are crucial tools in the fight against terrorism, human trafficking and drug cartels and can help promote a strong civil society, economic stability and the rule of law.
THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATTING MONEY LAUNDERING IN CAM...AkashSharma618775
Money laundering usually involves a series of multiple transactions used to mask the source of financial
assets, so that these assets can be used without compromising criminals seeking to their use. Money laundering can
happen through various intermediaries; bank transfers, both by wire and check, are the most common channels
for illicit money transfers. Money Laundering has several devastating effects; it damages financial sector
institutions that are critical for economic growth, promoting crime and corruption that slow economic growth,
reducing efficiency in the real sector of the economy. Money laundering is a problem not only in the world’s major
financial markets and sea centers but also in emerging markets. Cameroon has criminalized money-laundering in
line with the United Nations Convention against Corruption which was signed on 10th October, 2003, and ratified
by the President of the Republic on 6th February, 2006. Cameroon follows an all-crimes approach to moneylaundering whereby all offences under the laws and regulations of Cameroon constitute predicate offences. In
order to effectively combat money laundering, institutions have equally being put in place to combat it.
Whistleblowers' law to fight corruptionM S Siddiqui
The regulators like ACC, Ombudsman and other agencies may encourage whistle blowing by establishing support structures and programs for policy implementation and penalizing violations of the rights and obligations of parties to whistleblowing.
Bangladesh has passed "The Public Interest-Related Information Disclosure (Protection) Act, 2010" but has hardly used it to fight against corruption.
The law is kept in the safe custody of the administration and used in compliance reports to UN only. This is not a secret document. A mere publicity of the existence of the law can create an unfavorable atmosphere for the corrupt persons and encourage the whistleblowers to blow a whistle in case of corruption.
The bribery act the changing face of corporate liabilityWhite & Case
Five years since its inception, the UK Bribery Act has
significantly raised the bar on corporate liability and
shaken up existing rules on tackling corruption.
Analysing Corruption & Anti-Bribery Terms: A Guide by Someshwar Srivastava SomeshwarSrivastava1
Corruption and anti-bribery are pivotal in today’s world, influencing the future of societies and organizations. By implementing the steps in this guide, individuals and organizations can contribute to fighting corruption and promoting integrity. We hope this user-friendly guide by Someshwar Srivastava has illuminated these crucial concepts and inspired you to act against corruption within your sphere of influence.
PEOPLE AND CORRUPTION: EUROPE AND CENTRAL ASIA – GLOBAL CORRUPTION BAROMETERVittorio Pasteris
For this new report, part of a regional series from our Global Corruption Barometer, we spoke to nearly 60.000 people across 42 countries in Europe and Central Asia via face to face and telephone surveys about the current state of public sector graft. Our findings show that few people think that their government has done enought to fight corruption in politics. Over a quarter of citizens see politicians, government officials and business executives as highly corrupt, and nearly three in five citizens think that wealthy individuals have too much influence over government decisions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. 1
Issue Xi, june 2016
IACAlumnus
t h e m a g a z i n e
Issue XI, June 2016
winning
the hearts
and minds
battle
Empowering Professionals
Powerful ideas in the
fight against
corruption:
The Inspections from Public
Lotteries Programme in Brazil
By Ana Luiza Aranha
Are Anti-Corruption
agencies
headed in the right
direction?
By Ashok Kumar Poddar
Interview with
Ady Macauley
2. 32
Issue Xi, june 2016
IACAlumnus - the magazine is the alumni magazine of the
International Anti-Corruption Academy (IACA), addressing
alumni around the world who have participated, or are
currently taking part in trainings designed
and implemented by IACA.
IACAlumnus - the magazine welcomes contributions by
alumni. As a forum to exchange ideas and latest
developments, and feature the career paths of our alumni, we
seek to provide you with a medium to stay connected. For
contributions please contact alumni@iaca.int.
IACA reserves the right to select and edit any contribution to
suit the publication. We will not consider contributions that
have already been published, in any form, in print or online.
Editorial
Abhishek Bharti, Elisabeth Neckel, Mariana A. Rissetto
Design
Adrian Ciupagea
Photographs
IACA, iStock.com
front cover; back cover
“Minds and Hearts“; Laxenburg - aerial view
Publisher
International Anti-Corruption Academy (IACA)
Muenchendorfer Strasse 2
2361 Laxenburg, Vienna
AUSTRIA
+43 (0)2236 710 718 100
www.iaca.int
alumni@iaca.int
Print
Federal Ministry of Defence and Sports/Armed Forces
Printing Centre, Vienna, Austria.
Waiver
IACA promotes academic freedom. The contents of this
magazine reflect the opinions of the contributors and do not
necessarily represent the views or official position of IACA.
Neither IACA nor its staff members or partners shall be liable
for any inaccuracy, incompleteness, unavailability or error of
the information provided.
Credits June 2016
CONTENTS
Powerful ideas in the fight
against corruption:
The Inspections
from Public Lotteries
Programme in Brazil
by Ana Luiza Aranha
What‘s new at IACA ?
Conferences
APPROACHES TO
ANTI-CORRUPTION,
ANTI-FRAUD, AND
COMPLIANCE
PERU AND A NEW
OPPORTUNITY IN SIGHT
By Jorge Vigil Carrera
Maps
INTERVIEW
UPCOMING
Latin America
Latin America
IACA Alumni Mapping
p4
p6
p18
p10
p27
p24
alumni working group bios
crossword
p23
p26
3rd
IACA alumni reunion
CORRUPTION
AND SECURITY
Interview with
Ady Macauley
Welcome Word
Dear alumni,
On 8 March 2016 IACA celebrated the fifth
anniversary of its establishment as an international
organization. In this first issue of IACAlumnus after
the celebrations, we would like to thank you all for
your dedication and enthusiasm in the fight
against corruption and for your contribution to
IACA. As a group of more than 800 alumni from all
parts of the globe, you are all ambassadors of the
Academy and part of a truly unique network of
anti-corruption professionals. We are proud to
have you on board!
The Alumni Association of IACA was set up about
three years ago supported by the Alumni Team,
which aims to serve you to the best possible
extent. In this issue you will find short
introductions of those who are part of the Alumni
Team. Furthermore, this issue brings you exciting
articles from Brazil, where Maria Luisa Rodrigues
de Lima Carvalho shares her experience as
prosecutor in a long-standing corruption case, and
from India, where Ashok Kumar Poddar shares his
insights about the organizational capabilities to
handle the aftermath of an investigation. We
would also like to share with you the recent
promotion of Ady Macauley at the Anti-Corruption
Commission of Sierra Leone and the ambitions he
has for the tasks ahead of him.
As the third Alumni Reunion in Laxenburg on 7
and 8 July 2016 draws ever closer, we have also
included some pictures and memories from the
past five years of IACA activities. We will be
delighted to welcome you to Laxenburg again and
are certain that you will enjoy catching up with
your fellow alumni during the event.
As always, we encourage you to contribute to the
IACAlumnus magazine and will be pleased to hear
how we can serve you even better.
Sincerely,
Martin Kreutner
Are
Anti-Corruption
agencies headed
in the right
direction?
By Ashok Kumar Poddar
india p14
Corruption in
the construction
sector
Building the São Paulo
Labour Court
By Maria Luisa
Lima Carvalho
construction sector p22
3. 1918
Issue Xi, june 2016
W
hen speaking of corruption or fraud we necessarily
refer to concepts at odds with what is lawful, what
is right, or what is legal, and as a result, to the
search for effective mechanisms to control and combat these
phenomena. It is common, but not necessarily right, to associate
corruption with the public sector and fraud with the private
sector. However, it is believed that both phenomena are
independent forms which in some cases may occur in a
complementary manner, without involving any type of cause and
effect.
Bribery is currently the most common threat in the private and
public sectors and at national and international levels. It is the
cause of scandals which have occurred in recent years and
demonstrate the dynamics of both corruption and fraud.
Moreover, there are other forms of corruption such as money
laundering or terrorism financing that have necessitated the
development of comprehensive policies at the international level
with the aim of preventing and combating their incidence. It is
not unusual to stigmatize the public system as the core of the
various forms of corruption and fraud. However, as is clear from
a number of cases that have come to light in recent years and
had international impact where private agents and senior
government officials were involved, these phenomena cannot be
considered a legacy of the public sector.
During the last decades, an important set of rules has been
developed aiming to strengthen international cooperation to
combat corruption, fraud, and transnational crimes as well as
money laundering and terrorist financing. While it is not possible
to mark a clear starting point of the development of rules at the
international level, reference should be made to Resolution 3514
by the United Nations General Assembly on “Measures against
corrupt practices of transnational and other corporations, their
intermediaries and others involved” (A/Res/3514 of 15 December
1975). This reaffirmed the right of any nation to adopt legislation,
to investigate, and take appropriate legal action. Among the
most important instruments enacted to combat corruption,
fraud, and money laundering, we must also consider the
following:
and A NEW
OPPORTUNITY
IN SIGHT
peru APPROACHES TO
ANTI-CORRUPTION,
ANTI-FRAUD,
AND compliance
Introduction
Park of the Reserve
lima, peru
by Jorge Vigil Carrera
4. 2120
Issue Xi, june 2016
{{ the United Nations Convention against Corruption;
{{ the Inter-American Convention against Corruption;
{{ the European Union Convention against Corruption Involving
Officials;
{{ the Council of Europe Criminal Law Convention on
Corruption;
{{ the Council of Europe Civil Law Convention on Corruption;
{{ the United Nations Convention against Transnational
Organized Crime;
{{ the Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions (OECD);
{{ the 20th APEC Economic Leaders’ Declaration Fighting
Corruption and Ensuring Transparency;
{{ the US Patriot Act;
{{ the Foreign Corrupt Practices Act (FCPA);
{{ the UK Bribery Act;
{{ EU Directive 2015/849 on preventing the use of the financial
system for money laundering or terrorist financing (4th Anti-
Money Laundering Directive);
{{ the Sarbanes-Oxley Act;
{{ the COSO Enterprise Risk Management (ERM) Framework;
{{ the Basel Committee on Banking Supervision Accords; and
{{ the Financial Action Task Force on Money Laundering
Recommendations (FATF/GAFI).
Under the pressure created by corporate scandals in recent years
and beyond the aforementioned compendium of legal
instruments, new schemes to counter corruption and fraud at
government as well as enterprise level have been developed.
These schemes go well beyond the aforementioned compendium
of legal instruments and are applicable to management of public
and private organizations. They comprise the promotion of
transparency, ethics, integrity, corporate governance, internal
controls, and prevention models in the compliance environment.
The Peruvian case
In Peru, for more than a decade a number of mechanisms and
initiatives aimed at fundamentally combating corruption
statewide standards have been developed and the need for
collective action is part of the solution to address these scourges.
Within Peru’s domestic law, the Peruvian Penal Code includes
chapters related to fraud in the administration of legal entities as
well as a section devoted to crimes against public administration.
The latter also includes offences related to corrupt practices,
such as identified concussions, collusion, and embezzlement.
Furthermore, one section is specifically dedicated to corruption
of officials, in which the active transnational bribery is also
comprised.
Economic growth in Peru and the signing of multiple free trade
agreements with North America, Europe, and Asia has increased
the need for Peruvian companies to become more competitive
and comply with the good business practices and integrity
standards required by the agreements.
In Peru compliance with the prevention of money laundering and
terrorist financing was initially based on the standards set by the
financial regulator. This concept was expanded and took effect
through domestic policies applicable to transnational
corporations with a presence in Peru, whose parent companies
were required to comply with ethics and compliance standards.
Among the most recently adopted standards, one should
mention the new risk management regulation on money
laundering and terrorist financing, which was approved in July
2015. More recently, on 21 April 2016, Law No. 30424 governing
the administrative liability of legal persons for the offence of
active transnational bribery was published. This will come into
effect on 1 July 2017.
This law still maintains distance from the scheme of criminal
liability of legal persons applied in many countries in the region
and internationally. But it is a first and important step which in
the future should be consolidated as an effective system to
prevent corruption in the interaction between private companies
and the state, with the extension to other offences related to
corruption of officials. But it is important to highlight the
momentum that the High Level Anti-Corruption Commission of
Peru gave to this piece of legislation. This was despite resistance
and scepticism from the business community, which was based
on mistrust of the actions of some functionaries in the judiciary
against whom there are allegations of corruption.
Law No. 30424 has become the first instrument in Peru’s legal
system in which the attribution of liability for legal persons,
regardless of the criminal liability of the natural person acting as
an agent of the unlawful conduct, is considered. Although
recognized as being oriented towards administrative
responsibility, the rule provides that the procedure is performed
in the context of criminal proceedings. The law considers the
application of administrative sanctions including fines,
disqualification, cancellation of licenses, concessions, and
administrative authorizations, until the dissolution of the legal
person. This law also considers an organization’s implementation
of prevention models involving surveillance measures and good
control to avoid the materialization of the crime. The effective
implementation and operation of these models will be verified by
the judge or prosecutor as appropriate as a mitigating or
exculpatory factor of administrative responsibility.
Based on the experience gained in both the public and private
sectors in prevention efforts and research, risk management,
internal control, and compliance, this is a timely opportunity for
Peruvian companies. They have a chance to develop prevention
models that not only serve for regulatory compliance, but also to
develop and internalize best business practices, corporate
governance protocols, implementation of ethical guidelines,
codes of conduct, and integrity, resulting in better positioning
and competitiveness. Corruption and fraud are now globalized
phenomena that jeopardize not only the public and private
sector as agents but also national and transnational efforts of
governments. A joint, responsible, and multidimensional action
to reduce corruption and fraud is therefore needed.
Jorge Vigil Carrera (Peru) is a lawyer and researcher
with over 15 years of experience in the public and
private sectors, with expertise in legal, risk
management, investigations, fraud prevention,
compliance, and internal control.
He has been a member of the Office of Internal
Affairs in the Ministry of the Interior and later
Director of the Special Action Unit, Inspector General
and Advisor to the General Inspectorate of the
Ministry of Interior. In the private sector he provides
legal advice to companies in fields including
electronics, telecommunications, and foreign trade.
He has obtained a certification in Risk Management
and Compliance, majoring in ethics, transparency,
anti-corruption, governance, and political
management.
He participated in the IACA Regional Summer
Academy - Latin America in Buenos Aires in
November 2015.
JORGE VIGIL CARRERA