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Russia Expands Corporate Liability for Bribery

Posted on January 3, 2019 at 7:55 AM
Russia recently amended its corporate bribery statute (Article 19.28 of the Code of Administrative Violations) to allow companies to avoid prosecution if they assist in the discovery or investigation of the offense or if they can prove that the bribe was extorted. The same amendment also allowed courts to preliminarily freeze the property of companies under investigation up to the maximum amount of the fine. Russian President Putin signed another amendment to 19.28 which will, this time, significantly expand the scope of corporate liability for bribery that allows for the prosecution of a legal entity for any bribe given by it, or a third party "in the interests of" such legal entity. These amendments provide: 1) Bribes given in the interests of the defendant company, also cover bribes given in the interests of any other "affiliated" entity (a term not clearly defined in the draft law). 2) Coverage of situations where the bribe is given not just to the primary bribe taker (which, under the law, can be a Russian or foreign government official, official of a public international organization or manager of a commercial enterprise) but also to anyone designated to the primary bribe taker receive the bribe. Additional information is provided in the practice alert noted below. Read More: The FCPA Blog Practice Alert www.fcpablog.com/blog/2019/1/2/practice-alert-russia-expands-corporate-liability-for-briber.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+fcpablog%2FsLbh+%28The+FCPA+Blog%29

Categories: Anti-Corruption