Foreign Corrupt Practices Act (“FCPA”) investigations typically involve third parties or subsidiaries located outside the US since most FCPA violations arise out of the activities of foreign third parties or foreign subsidiaries. But most guides on how to conduct FCPA investigations and …
“I should have refused to draft the contract that we used for paying bribes.” – Former Keppel Offshore & Marine Ltd., In-House Counsel Jeffery Chow. Lawyers, particularly in-house lawyers, are supposed to be the first line of defense in preventing FCPA …
The respected anti-corruption organization, Transparency International, released its 2017 ranking of countries based on perceived levels of public sector corruption. The TPI employs a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. Thailand’s …
There has been considerable speculation about how vigorously the Trump administration will enforce the Foreign Corrupt Practices Act (“FCPA”) given Trump’s past criticism of this law. In 2012, Trump famously called the FCPA a “horrible law”. But thus far senior …
The former Governor-General of the Tourism Authority of Thailand, Ms. Juthimas Siriwan, and her daughter, Jittisopha Siriwan, were given lengthy prison sentences on 29 March 2017 in connection with kickbacks paid to procure contracts from Bangkok Film Festival from 2003 …
According to the Bangkok Post Thai officials convicted in corruption cases involving more than one billion baht could face the death penalty. Previous Thai legislation provided for the death penalty for officials convicted of bribery, but the Bangkok Post reports …
Corruption has much the same effect on the development of a nation that cancer has on the life of a biological organism. Recognizing this, Thailand has various laws criminalizing corruption, recently enacted new anti-corruption laws and plans to expand the …
A recent U.S. Securities and Exchange (SEC) administrative proceeding against California based Health Net illustrates a challenge when documenting settlements with exiting employees in Thailand. Heath Net used severance agreements that required employees to waive their rights to obtain monetary …
Recent amendments to the Organic Act on Counter Corruption, B.E. 2542 (the “Organic Act”) have expanded the scope of Thai anti-corruption laws (the “Amendments”). The provisions of the Amendments that are most important or have received the most press concern: …
The National Anti-Corruption Commission (NACC) has begun enforcing a notification that require private parties with a contract with a state agency or state owned enterprise (SOE) to submit an income and expense statement with the NACC if that contract has …
Fourth Set of Amendments to Thai Anti-Money Laundering Act Amendments to the Thai Anti-Money Laundering Act (“AMLA”) were published in the Government Gazette on 1 February 2013 and became effective on 2 February 2013. Generally, the amendments aim to expand …
Following a Delaware Court decision in a headline case, directors of U.S. corporations are at greater risk now for personal liability for FCPA violations and other acts of corporate malfeasance abroad. Read the PDF Click here to download Adobe PDF …
On 16 March 2012, the NACC issued a notification under Section 100 of the Anti-Corruption Act which prohibits executive and vice-executives of local administrative bodies and their spouses from participating in several commercial activities with the government. Previously, only the …
The National Anti-Corruption Commission (NACC) has the authority to initiate investigations into whether a person holding a political position or a state official is “unusually wealthy” under Chapter 7 of the Anti-Corruption Act, B.E. 2542, which was amended in April …
New regulations have been promulgated under the Thai Anti-Money Laundering Act (AMLA) and all will be effective by the end of August 2011 (the New Regulations). In brief, the main changes introduced by the New Regulations provide as follows: Additional …
Even before Barrack Obama became the 44th President of the U.S, a sea change in the enforcement of international anticorruption laws had started. The extent of that sea change became evident in December 2008 when Siemens AG and three of …
The Thai Anti-Money Laundering Act B.E. 2542 (1999), as amended in 2009 (AMLA), forms the core of Thailand’s anti-money laundering law. As in many other jurisdictions, the Thai laws concerning money laundering are in their early stages of development and …