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Two recently announced Foreign Corrupt Practices Act (FCPA) settlements involving reinsurance companies demonstrate what happens when the rubber hits the road. Jardine Lloyd Thompson Group Holdings Ltd. Tysers Insurance Brokers Limited and H.W. But it appears clear that the main difference is that JLT made a disclosure while Tysers and H.W.
You are reading the November 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog.
You are reading the September 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. Two noteworthy Foreign Corrupt Practices Act (FCPA) settlements were announced in September. First, U.S.
On May 7, the Malaysian government launched its 2024-2028 National Anti-Corruption Strategy (NACS), a continuation of its 2019 National Anti-Corruption Plan (NACP) that ended in 2023. The country enjoyed comparatively marginal improvements, rising to 61st in 2022 and 57 in 2023. billion) between 2018 and 2023.
While National Whistleblower Center (NWC) is advocating for seven urgently needed whistleblowers in 2024 , the whistleblower advocacy organization has taken a moment to highlight their major accomplishments in 2023. On February 9, NWC released its annual report for 2023. We have achieved so much as a small, but growing team.
Commodity Futures Trading Commission (CFTC) released its Annual Report on the CFTC Whistleblower Program for the 2023 Fiscal Year (FY 2023). In the report, the agency revealed that it received a record 1,530 whistleblower tips in FY 2023. In FY 2023, the agency issued seven awards totaling $16 million.
You are reading the August 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog. There were also a few China-related actions.
Challenge: Indonesia’s public procurement sector is highly vulnerable to corruption. Public procurement stands out as the most vulnerable sector to corruption in Indonesia. The collaboration revolves around the corruption risk monitoring platform, Opentender.net , developed by ICW and the national public procurement agency LKPP.
Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” It has debarred more than 60 suppliers for violations, and reduced unresolved complaints and canceled tenders.
On December 5, Blueprint for Free Speech announced their 2023 Whistleblowing Awards. Johannah Phenya, a South African whistleblower who alongside her husband exposed alleged corruption and fraud at Foursight IT Business Solutions. s House of Lords who serves as one of the awards 3 judges.
Many of you will know that weve always been interested in opening up and improving the procurement and contracts that underpin mega-sporting events, which have – all too-often been – vectors for cronyism, corruption or massive mis-spending. Initial estimates suggested total expenditure would exceed 5.72
Ten years down the road, CEPANI launched new rules on 1 January 2023 and a working group under the auspices of CEPANI provided recommendations on limited improvements to the arbitration law. In this first of 2023, we again publish contributions and case law on a variety of topics In the doctrine section, Ms.
On 13 November 2023, the UK Government published guidance setting out its ambitions for innovation procurement under the new Procurement Act 2023 (not yet in force, of which you can read a summary here). 94 PA 2023). 20 PA 2023). Shifting culture and practice would require a lot more than this.
Why it matters An overreliance on non-competitive procedures makes the procurement market highly vulnerable to corruption and inefficient public spending. All state-regulated procurement in Kazakhstan totaled US $61 billion in 2023, or 23% of gross domestic product. more than the same period in 2023. in 2023, and 3.7%
Throughout the pandemic, significant amounts of public funds were disbursed without seeking parliamentary approval, and the procurement process itself became tainted by multiple instances of corruption and cronyism. It would signify a major leap forward in Malaysia’s battle against corruption and mismanagement of public funds.
In this episode of the Whistleblower of the Week podcast , host Jane Turner speaks with Mzukisi Makatse, who blew the whistle on a corrupt grant awarded by the South African Lottery Commission. Makatse was honored for his bravery by Blueprint for Free Speech in their 2023 Whistleblowing Awards.
To tackle this problem, the country has proposed wide-ranging legislation , including an anti-corruption package with measures to standardize the operations of Mongolia’s state-owned enterprises (SOEs) and ensure they follow consistent rules throughout processes like tendering and procurement, among others.
These failures enabled three money laundering networks to collectively transfer more than $670 million through TD Bank accounts between 2019 and 2023.” “For These failures also allowed corrupt bank employees to facilitate a criminal network’s laundering of tens of millions of dollars,” said Principal Assistant Attorney General Nicole M. “The
In 2023, our annual community survey became even more critical for us as we shaped our new organizational strategy, which we are very excited to share with you next month. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.
billion as having three or more red flags for corruption risks and conflicts of interest (see Annex 3 of the report for 14 red flags they used). And analysis by Spotlight on Corruption suggests that HPL contracts seem to have had a higher failure rate than other Covid PPE contracts (over half of the spending!).
In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here ). the Kingdom of Spain. As Alexander M.
Looking back on 2023, we identify two trend areas: 1) drafting of new International Investment Agreements (“IIAs”) and model agreements; and 2) cases (including with amicus submissions) at the intersection of human rights and ISDS. According to UNCTAD, only one model agreement was released in 2023.
ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). Further, the easement on US sanctions on Venezuela in 2023 might also impact the foreign investment the country receives.
With just a week to go before the Procurement Act 2023 (Act) goes live, the National Procurement Policy Statement (NPPS) has been published, marking the final piece to complete the package of legislation and guidance on the Act.
Securities and Exchange Commission (SEC) announced a $100 million settlement with global software company SAP SE over charges of violations of the Foreign Corrupt Practices Act (FCPA). anti-corruption law that prohibits the payment of anything of value to foreign government officials in order to obtain a business advantage.
On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands (“BVI”) company, Process and Industrial Developments Limited (“P&ID”), against the Federal Republic of Nigeria.
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
2023 in Southeast Asia witnessed several significant decisions issued by apex courts across various countries, and exciting new initiatives which promise an eventful 2024 ahead. In this post, we’ve put together a summary of 2023’s key highlights. hot tubbing) at any stage of the arbitration proceedings. Singapore).
Understanding The Public Sector Contract Termination Under The Procurement Act 2023 Contract termination provisionsare a crucial aspect ofpublic procurement compliance UK, guaranteeing thatcontracting authoritiescan legally and efficiently handle supplier relationships under theProcurement Act 2023.
On November 14-15, 2023, GW Law’s Professor Christopher Yukins will join the International Conference on Public Procurement and Innovation in Africa, coordinated by Professor Geo Quinot (Stellenbosch University) and held through the National Research Foundation in Pretoria, South Africa. Chris Yukins will speak on the U.S.
With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. Again, pretty much predictable back in 2021 and like clockwork in 2023 we found out the EPPO is investigating fraud allegations involving the RRF funds in Portugal. It was a mess.
The 2023 volume of the Yearbook Commercial Arbitration is now available in print , as well as online on the KluwerArbitration database. With the highest number of reported decisions ever, the 2023 Yearbook contains 120 court decisions from 27 jurisdictions.
If passed, the IRS Whistleblower Program Improvement Act of 2023 , could be a game-changer. American taxpayers require an effective anti-corruption program at the IRS, and its Whistleblower Office is key to this initiative. These reforms are crucial in effectively combating tax cheats and ensuring a fair tax system.
2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves.
In particular, Bloomberg notes that while the SEC Whistleblower Program received a record 18,000 whistleblower tips in Fiscal Year 2023 , the number of awards it paid out that year shrunk. Bloomberg suggests that “an increasing number of tips strains the SEC’s ability to investigate them and process awards.”
Supreme Court of Chile, 71.508-2022, 05 October 2023 Laura Aguilera Villalobos, Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago (CAM Santiago), ITA Reporter for Chile The Supreme Court of Chile grants exequatur, recognizing and authorizing the enforcement of a foreign arbitration award from France, based on Law No.
The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. In November 2023, law firm Bryan Cave Leighton Paisner LLP published its annual survey, AI in IA: The Rise of Machine Learning.
In the beginning of 2023, a diplomat told the Economi st that the Middle East was tired of conflict and that de -escalation and diplomacy would be the order s of the day. 585 of 2023 (Commercial) , that an arbitration clause within an invalid contract renders the arbitration clause as invalid as any other term in the contract.
The 2023-2026 data strategy of the Government of Canada (GC) The GC’s data strategy describes how the Federal Public Service intends to utilize data over the next three years to deliver enhanced services and value to Canadians. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.
The awards rendered in 2022-2023 have remained consistent, with all 19 publicly available awards rendered in favor of the investor stipulating interest payments. Considering the divergence, the tribunal decided to apply the LIBOR rate as of May 2023 to any amount outstanding after the discontinuance of LIBOR. Michael Antony v.
During the 2023 Fiscal Year, the Dodd-Frank Act whistleblower programs of the U.S. In the 2023 fiscal year, both the SEC and the CFTC set new records for whistleblower tips received. CFTC whistleblowers have reported a wide range of types of misconduct, including increasingly crypto fraud. The CFTC received 1,530.
In 2023, the international arbitration landscape in California continued to develop and grow. 2 nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2 nd Annual California International Arbitration Week (CIAW) in Los Angeles.
The Fourth Edition of the Washington Arbitration Week (“WAW”) took place from 27 November to 1 December 2023. However, in April 2023, in the enforcement of the Blasket award, a different judge from the same DC District Court held that, under EU law, Spain never gave a valid agreement to arbitration.
2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). This year-in-review post, featuring the perspectives of our contributors from 2023, primarily focuses on the efforts of UNCITRAL Working Group III (“WG III”) in ISDS reform and the adoption of the Codes, and offers a brief status report on ECT modernization.
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