COMPLIANCE
The great milestone of Compliance began with the FCPA (Foreign Corruption Practices Act), an American law enacted in 1977 after the Watergate scandal. The FCPA was the first law in the world to punish and hold US companies responsible for bribing political parties, officials and foreign government officials or politicians. Faced with this new paradigm, global politics changed its scenario. Other countries felt pressured to enact their own anti-corruption law, among some we highlight the United Kingdom by instituting the UKBA (United Kingdom Bribery Act) in 2010, France in 2016 with the Sapin II Law, our neighbor Argentina in 2017 approving the new ” Ley de Responsbilidad Empresaria” and Brazil, which despite already having in its legal system scattered provisions such as in the Bidding Law (8,666/93) and in the Penal Code, for example, had as its watershed the Law 12.846/2013, called the “Anti-Corruption Law” or the “Clean Company Law”. Finally, it is worth mentioning, China, Brazil’s largest trading partner, which, despite not having an Anti-Corruption Law per se, had the public commitment of its current president to fight corruption by creating a National Oversight Commission that will work together with the Commission Center for Disciplinary Inspection (CCID) which in turn investigates and punishes crimes committed by members of the Communist Party.
Thus, Compliance programs came to meet the global demand for regulation, pressure from stakeholders and shareholders, and structuring organizations with the adoption of good corporate governance practices.
In this context, the professionals at Martins Regina Law Firm have a multidisciplinary profile to provide qualified legal advice to companies that wish to implement or improve their Compliance programs through the identification and prevention of risks.
1997: Year in which the OAS “Inter-American Convention against Corruption” entered into force and the “OECD Convention on Combating Corruption of Foreign Public Officials in International Business Transactions” was signed.”
R$ 3,840,367,468.77 is the amount already returned to the public coffers by the Leniency Agreements
Our services include:
- Preparation of the Compliance program;
- Evaluation and reformulation of the Compliance Program in view of the new global policies;
- Negotiation of a leniency agreement with government authorities;
- Analysis of client practices in relation to the law and internal policies of the Company;
- Corporate governance;
- Interviews with managers, partners, employees and third parties;
- Technical defense in administrative and legal proceedings.