UAE introduces new anti-corruption laws with extra-territorial effect

Federal Decree No. 24 of 2018 has amended certain provisions of Federal Law No. 3 of 1987 (the “Penal Code”) to strengthen anti-corruption legislation in the UAE and bring it in line with other jurisdictions by including foreign public officials within its scope.

Crucially, the provisions, which are now in force, apply outside the UAE, to any person who commits a bribery offence if either the offender or victim is a UAE citizen, if the crime is committed by an employee in the UAE public or private sector or if it involves public property.

There are also new powers for the UAE authorities to confiscate the proceeds of crime. To read our full briefing, please click here.

Stuart Paterson
Stuart Paterson
Partner, Dubai
+97 1442 86308
Benjamin Hopps
Benjamin Hopps
Senior associate, Dubai
+97 1442 86369

India’s new anti-corruption law targets bribe-givers and establishes corporate liability offence modelled on the UK Bribery Act

India’s long-awaited Amended Prevention of Corruption Act 2018 came into force on 26 July. Originally proposed in 2013, the amendments introduce a new regime and highlight the emerging focus in Asia on supply-side bribery and corporate liability. Companies and businesses operating in India should familiarise themselves with the new provisions and ensure that they implement adequate compliance procedures.

Please click here for our e-bulletin which summarises the main amendments relevant to corporates.

 

Kyle Wombolt
Kyle Wombolt
Head of Global Corporate Crime & Investigations Practice, Hong Kong
+852 2101 4005
Robert Hunt
Robert Hunt
Partner, Hong Kong
+852 2101 4128
Pamela Kiesselbach
Pamela Kiesselbach
Senior Consultant, Hong Kong
+852 2101 4032
Christine Cuthbert
Christine Cuthbert
Senior Associate, Hong Kong
+852 2101 4124

Middle East Anti-Bribery and Corruption Regulations Legal Guide 2018

Welcome to the first edition of our Anti-Corruption Regulation Legal Guide for the Middle East.

We are delighted to launch this publication, which presents the legislative framework regulating bribery and corruption across arrange of Middle East jurisdictions, drawing upon the combined knowledge and experience of our lawyers, as well as qualified and experienced counsel in each of the jurisdictions covered. We understand this guide to be unique in terms of scope and content. Continue reading

Herbert Smith Freehills assists with first prevention of corruption clause in Olympic Games host city contract

Sylvia Schenk, a consultant in our Frankfurt disputes team, has worked with global anti-corruption NGO Transparency International to secure the first prevention of corruption clause in an Olympic Games host city’s contract. The International Olympic Committee (IOC) announced on 31 July that the 2028 games would go to Los Angeles. Although the contract must be ratified by the full IOC membership in September, the IOC has, for the first time, included an anti-corruption clause in the contract accepted by the city. The document includes mandates for nondiscrimination, protection of human rights and prevention of fraud or corruption “including by establishing and maintaining effective reporting and compliance.”

Sylvia advises clients on compliance, sports law, sustainability and human rights. She began seriously working against human rights abuses and corruption in global sports in 2006 after a career as a track athlete, including competing in the 1972 Olympic Games in Munich. For further details, see the article in Corporate Counsel.