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​ 

August 24, 2016
John Frangos, a consultant in Tilleke & Gibbins’ dispute resolution group, will participate in a panel discussion at “Tackling Corruption in Thailand – Strategies, Challenges, and Prospects,” a seminar jointly hosted by the German-Southeast Asian Center of Excellence for Public Policy and Good Governance, Faculty of Law, Thammasat University, and the Hanns Seidel Foundation. John will explain what corruption entails, and he will highlight associated issues and problems from both a national and international perspective.
Read More
July 5, 2016
Michael Ramirez, a consultant in Tilleke & Gibbins’ dispute resolution group, will speak at a joint BCCT and AMCHAM Boardroom Briefing on “Corruption/Bribery” in Thailand. Michael regularly advises international clients on compliance with local and foreign anti-corruption laws, including the Foreign Corrupt Practices Act. Michael will be joined by one other speaker.
Read More
June 15, 2016
Companies doing business in Thailand and across Southeast Asia are exposed to increasing legal and reputational risks. Regulations from the U.S. Foreign Corrupt Practices Act to Thailand’s wide-ranging corporate criminal laws can have significant repercussions on an organization. In many cases, directors and officers can also be criminally responsible for a company’s actions.
Read More
April 28, 2016
The nominees of Asian Legal Business’s Southeast Asia Law Awards 2016 have been announced, and Tilleke & Gibbins has secured nominations in three categories, as follows:Intellectual Property Firm of the YearThailand Law Firm of the YearVietnam Law Firm of the YearTo determine the winners, a team of researchers at ALB are considering factors such as firms’ breadth and complexity of work, innovation, third-party awards, and market feedback, among other criteria.
Read More