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

SINGAPORE ENTITY TO PAY SIGNIFICANT PENALTY FOR BRIBERY ABROAD

Just before Christmas Keppel Offshore & Marine Ltd, a Singapore incorporated company, entered into a Deferred Prosecution Agreement (DPA) with the United States Department of Justice. The DPA provides for payment of penalties of over US$400 million. The penalties are to be divided between the United States Treasury and the governments of Brazil and Singapore. Continue reading

INDONESIAN AUTHORITIES INVOKE CORPORATE LIABILITY PROVISIONS FOR THE FIRST TIME

Indonesia's Corruption Eradication Commission (KPK) has named a corporate suspect, publicly listed PT Duta Graha Indah (DGI), concerning alleged corruption in the construction of a state university hospital in Bali in 2010. This is a first for the KPK, acting on broad powers conferred last year through a Supreme Court Regulation on Procedures for the Handling of Corporate Crime Cases (Regulation 13/2016).

In a jurisdiction where inbound investment and corruption risk are both high, this is a significant development which both domestic corporates and MNCs operating in Indonesia should take on board. Companies should ensure that they have the appropriate internal policies and procedures in place to prevent the carrying out of criminal acts such as bribery on their behalf.

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