How to ensure compliance with foreign bribery laws

By Nusrat Hassan and Yosham Vardhan, DH Law Associates
0
2006

With the globalization and liberalization of Indian economic policies, foreign and multinational companies have been increasing their presence in the Indian market. At the same time the rampant corruption in the corporate and government sectors is raising its ugly head, with various scams being uncovered. India is ranked at 94 out of 177 jurisdictions in Transparency International’s Corruption Perceptions Index 2013.

Nusrat Hassan
Nusrat Hassan
Managing Partner
DH Law Associates

This situation however is changing as government sectors and many Indian companies are becoming aware of anti-corruption laws being successfully enforced in many countries, which has brought corruption in various companies to the forefront. The most prominent anti-corruption laws globally are the US Foreign Corrupt Practices Act (FCPA) and the UK’s Bribery Act 2010.

The FCPA has both anti-bribery provisions and record keeping and internal control provisions, and is enforced by the US Department of Justice (DOJ) and the Securities and Exchange Commission. The UK Bribery Act is enforced by Serious Fraud Office (SFO).

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Nusrat Hassan is the managing partner and Yosham Vardhan is an associate at DH Law Associates.

(D.H. Law Associates)Mumbai

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Email: contactus@dhlawassociates.com