Business ethics and anti-corruption world

Welcome to the fifth edition of Business ethics and anti-corruption world. As with our previous issues, we aim to highlight Norton Rose Fulbright’s global reach through analysis and reflection of key updates and events related to business ethics, anti-corruption and business and human rights developments.

Our business ethics and anti-corruption practice helps clients to navigate national and international anti-corruption, regulatory and compliance issues and investigations wherever they arise. We advise corporates, financial institutions and senior executives extensively on the implications of international business ethics and anti-corruption best practice standards, wider developments in the legislative and corporate landscape, and in relation to internal and government-led investigations. We work closely with colleagues across our global platform of more than 50 offices throughout Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia to advise clients on international compliance needs across a wide range of risks.

Our team also recognizes that human rights represent an evolving area of emerging risk for businesses which is assuming an increasingly legal dimension. With initiatives like our recently published joint Business and Human Rights Due Diligence Project with the British Institute of International and Comparative Law (see article below), we are a leading force in providing guidance to businesses on human rights related risks and obligations.

In this edition we

• Highlight the proposed amendment to the Criminal Finance Bill, which reflects a broader agenda which aims to ensure that financial institutions and other professional service providers do not facilitate the retention of funds derived from human rights abuses.
• Reflect on the publication of the ISO standard for anti-bribery management systems and how to test if anti-bribery management programmes truly are effective.
• Comment on the remediation standards for FCPA compliance programmes.
• Summarize the recent Nu Skin settlement with the FCPA.
• Discuss how Singaporean authorities are using a prosecutorial techniques similar to US-style ‘books and records’ offences to bring senior managers to account for corrupt schemes
• Summarize and comment on the World Bank’s suspension and debarment system.
• Highlight the UK’s second deferred prosecution agreement (XYZ Limited) and note similarities between this case and the UK’s first deferred prosecution agreement (Standard Bank).
• Comment on the legal issues raised by engagement, monitoring and termination of third parties.
• Highlight the need for testing and assurance of ethics and compliance programme.
• Interview a senior counsel of an international provider of testing, inspection and certification services on compliance due diligence.
• Provide an overview of new trends and developments in connection with compliance due diligence processes in Germany.
• Highlight a recent legal precedent related to bribery and public policy in the English courts.
• Provide an overview of key findings from our recently published joint project with the British Institute of International and Comparative Law on human rights due diligence.

If you would like to discuss business ethics and anti-corruption issues relevant to your organization, please feel free to contact us or our global network. Contact details are at the end of this issue.