Mexico's Anti-Corruption Laws: Private Entities and Individuals in the Crosshairs
Understanding Key Provisions, Ensuring Compliance, and Mitigating Legal Risks
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Wednesday, May 19, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide insights to companies doing business in Mexico about the prominent aspects of the country's anti-corruption laws and current enforcement trends and environment. The panel will outline effective compliance strategies to minimize anti-corruption risks under Mexico's anti-corruption laws.
Mr. Chavez focuses on operations related to regulated markets, economic competition and contracting with the public sector. He has extensive experience in financing, restructuring and mergers and acquisitions involving regulated companies, especially in the transportation, communications and financial sectors. Prior to joining the firm, he worked in the Mexican Federal Judiciary System and as a foreign associate in a New York law firm.
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a focus on the Americas, he advises companies and individuals on all areas of FCPA enforcement and compliance. He has performed complex, independent, and on-site internal investigations in over 20 countries throughout the Americas, Asia, Europe, and Africa.
In the 2020 Latin America Corruption Survey, more than 60 percent of respondents with work experience in Mexico said that corruption is a significant obstacle to doing business there. Only 34 percent of Mexican respondents believe that an offender is likely to be prosecuted in the country, compared to 45 percent regionwide. These findings are surprising given that the country adopted the National Anti-Corruption System in 2016, representing an overhaul of its anti-corruption laws.
In particular, Mexico's anti-corruption laws hold companies and individuals liable for corrupt acts involving Mexican and foreign officials and governments. Individuals face sanctions of up to two times the amount of the acquired benefits. They may be disqualified from participating in public procurements, leases, services, or state-owned enterprise projects for up to eight years. Entities can face debarment of up to 10 years, suspension of activities up to three years, partnership dissolution, and damages.
U.S. companies doing business in Mexico are at risk of employees and agents violating these laws. Company counsel must implement policies and procedures to minimize legal vulnerabilities under the country’s anti-corruption laws.
Listen as our panel discusses the anti-corruption laws and implementing regulations, examining the distinctions between it and the FCPA. The panel will also discuss how the anti-corruption laws will be enforced and offer best practices for complying with the laws.
- Mexico's anti-corruption laws and implementing regulations
- Key provisions
- Distinctions between the new reforms and the FCPA
- Enforcement of the anti-corruption laws
- Best practices for compliance: what companies should do now
The panel will review these and other key issues:
- Who is covered by Mexico's anti-corruption laws?
- How do these anti-corruption laws differ from the U.S. Foreign Corrupt Practices Act?
- What types of procedures are advised to mitigate liability under the regime?
- What steps can companies take to minimize corruption risks under Mexico's anti-corruption laws?
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