You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 14, 2017

Asialaw: Insights into Anti-Corruption and Compliance Programs from Tilleke & Gibbins

Subscribe to Updates
Asialaw

Anti-corruption continues to be an important area of focus under the current Thai government and an area of concern for companies striving to comply with the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, according to an article published by Asialaw. The article, written by Karry Lai, includes interviews with John Frangos and Michael Ramirez of Tilleke & Gibbins.

The government amended the Organic Act on Anti-Corruption in 2015 to include new offenses for bribery and stricter penalties for government officials. “Corporate criminal liability was introduced in the Act where associated persons in a bribe could expose companies to being guilty of a corrupt act,” said John. “However, if a company implements proper internal measures, the liability would be limited.”

Focusing on those internal measures, companies need to set up robust internal compliance programs. “These plans are especially important for companies with procurement contracts that could involve potential wrongdoings with vendors and middlemen that could include wrongful behaviour, fraud, and misappropriation,” according to Michael. “One of the weakest areas for companies when setting up internal compliance programs is to prepare a program that is localized. Some companies may be new to Thailand and have no idea how to ensure employees understand the program and make sure systems apply to the reality of doing business, not just a broad, one-size-fits-all program.”

To read the full article about the latest trends in anti-corruption enforcement in Thailand, please visit the Asialaw website.

RELATED PROFESSIONALS

Practices

Compliance and Investigations

Location

RELATED INSIGHTS​ 

March 11, 2016
John Frangos, consultant in Tilleke & Gibbins’ dispute resolution and litigation group, will participate in a discussion on “Practical Tips for Employing a Global Compliance Program in Local Markets” at a roundtable hosted by the International Law Office (ILO) on March 17. John will review subjects such as handling cross-border investigations and tailoring global compliance programs for local jurisdictions in Southeast Asia.
Read More
February 4, 2016
Compliance and anti-corruption are issues of significant concern for business executives and in-house counsel. Companies are faced with a myriad of compliance obligations both locally in the jurisdictions where they do business and internationally due to obligations under the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, and other similar legislation. To help better equip businesses to deal with these issues, Tilleke & Gibbins is organizing an exclusive seminar to allow our clients to hear directly from a senior representative of the U.S.
Read More
October 13, 2015
Thailand’s Organic Act on Counter-Corruption was recently amended to impose strict liability on companies for corrupt acts committed by a company’s “associated persons,” unless there are “adequate procedures” in place to prevent such corruption. In addition, the amendments criminalize corruption that involves “foreign officials” and impose the death penalty on foreign officials that engage in corrupt activities.
Read More