Mainland Southeast Asia is firmly in the sights of businesses around the globe, with its burgeoning middle class and vibrant economies.
Each country presents an attractive option for foreign direct investment (FDI). Cambodia’s sustained economic expansion owes much to its successes in the tourism and garment sectors, while industry and construction are poised to play bigger roles in the near future. The government in Laos is aiming to make the country “land-linked” (as opposed to landlocked) by supporting infrastructure projects that build on the economic success the country has already met through mining and natural resources. Myanmar has captured much of the world’s attention with its remarkable legal, social, and economic reforms in recent years already bringing an influx of foreign investment. Thailand has probably the most advanced of the region’s economies, with successive governments consistently seeking to enhance the country’s standing as a destination for FDI. Finally, FDI is a cornerstone of Vietnam’s economy, which is well known as one of the fastest growing in Asia.
Such broad opportunity can come with significant compliance risks. Tilleke & Gibbins experts in Cambodia, Laos, Myanmar, Thailand, and Vietnam have written about these risks, and the necessary actions and strategies for mitigating them, in contributions to the 2020 edition of Asia-Pacific Investigations Review. The individual chapters can be accessed through the links below.
The Cambodia chapter of the guide is written by David Mol, an advisor in Tilleke & Gibbins’ Phnom Penh office. He examines anti-corruption laws, compliance and regulations, private corruption, corporate liability, whistleblowing, and foreign corruption statutes, as well as providing some important context for the operation of this legal framework.
In the Laos chapter, Dino Santaniello, a consultant in Tilleke & Gibbins’ Vientiane office, addresses the influx of foreign direct investment, the government’s anti-corruption plan, economic sectors on the rise, and possible infringements of the UK Bribery Act and the Foreign Corrupt Practices Act.
The Myanmar chapter of the guide is written by Nwe Oo, a senior attorney-at-law in Tilleke & Gibbins’ Myanmar office, and Sher Hann Chua, a consultant in Tilleke & Gibbins’ Thailand and Myanmar offices. They cover anti-corruption compliance, as well as private corruption, enforcement mechanisms, anti-corruption laws, and the impact of international anti-corruption laws in Myanmar.
The Thailand chapter, written by Michael Ramirez, a senior member of Tilleke & Gibbins’ dispute resolution team, covers corruption and domestic anti-corruption legislation, international law and extraterritorial effect, enforcement of bribery laws, whistleblowing, and the impact overseas anti-corruption laws may have on the country.
In the Vietnam chapter, John Frangos, a partner in Tilleke & Gibbins’ dispute resolution team, presents an overview of each of the four primary compliance risks in Vietnam (anti-corruption, regulatory compliance, employee fraud, and corporate criminal liability) and discusses topics such as how foreign investors can minimize their risks, anti-corruption legislation, and bribery risks—including considerations of the FCPA and UKBA.
The full publication is available for purchase at the Global Investigations Review website.