Weekoverzicht: Internationale ontwikkelingen

Iedere week verzorgen wij een overzicht van de belangrijkste internationale ontwikkelingen op het gebied van het financieel-economisch strafrecht.

UK Sentencing Act 2020
After four public consultations conducted over several years, the Sentencing Code has received Royal Assent and came into force on 1 December 2020. The Sentencing Code is intended to be a single point of reference for the procedural law considered by courts when sentencing offenders. It consolidates a substantial body of complex procedural sentencing law and will ensure greater transparency and clarity is achieved when passing sentences.

OECD praises U.S. global anti-bribery enforcement efforts, Compliance Week
The Organisation for Economic Co-operation and Development (OECD) this week lauded U.S. enforcement authorities for continuing to be at the forefront in the global fight against corruption and offered only minor suggestions for improvements, like enhancing whistleblower protections and being more transparent in settlement agreements in foreign bribery matters. 

SFO’s new case slump continues, GIR
The UK Serious Fraud Office has recorded another quiet year for launching investigations into corporate misconduct on the back of one of its least active 12 months in recent history.  

US court unseals guilty plea in trading bribery case, GIR
A former official at Brazil’s state-controlled oil company Petrobras admitted to taking bribes from commodity trading companies, according to recently unsealed US court documents.

Brazil sues Trafigura and top executives over Petrobras bribes, GIR
Brazilian prosecutors have accused Swiss commodities trader Trafigura and two of its top executives of bribing public officials to secure favourable oil deals.

Vitol pays $164 million in settlement with US, Brazilian authorities, GIR
The US subsidiary of European energy trading company Vitol has agreed to pay $163.8 million to settle bribery and manipulation charges brought by authorities in the US and Brazil.

OECD report highlights growing risks of FCPA enforcement, GIR
On 17 November, the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery (Working Group) issued its long-awaited Phase 4 Report monitoring the United States’ adherence to the OECD Treaty regarding transnational corruption, which under US law is implemented by the Foreign Corrupt Practices Act (FCPA). Overall, the report identifies that the United States continues to be a leader in enforcement of transnational bribery and is effectively encouraging other countries to increase their enforcement but still can take steps to improve its own record.

SEC official: High-pressure deals are ultimate test of compliance, GIR
The chief of the US Securities and Exchange Commission’s Foreign Corrupt Practices Act unit, Charles Cain, said that one of the best ways to test the adequacy of a company’s compliance programme is to see how it stands up during major business deals.

UK export control enforcer handing out more fines, GIR
HM Revenue & Customs has imposed a growing number of fines for export control violations over the past three years, as questions linger over its appetite for prosecuting companies.