HSE University Anti-Corruption Portal
Updates of the Anti-Corruption Portal: a Corporate Liability Database, New Country Profiles and a Catalogue of Undue Practices in Procurement

New infographics reviewing the laws on corporate liability for corruption, profiles of several Latin American countries and information on a publication focused on undue practices in procurement have been released on this portal.

Infographics

The section “Infographics” now has a database in the form of a stylized world map providing information on anti-corruption and other related legal provisions of different jurisdictions important for the organisations that conduct their activities in or intend to enter the markets of those countries.

The database is built on the findings of the analysis of legal acts, documents of agencies and, in certain cases, of law enforcement practices of foreign countries.

For each country, the information on the following provisions is provided:

  • liability of legal persons for corruption, including the type of liability, the list of persons subject to it, the elements constituting the offence (offences), grounds for liability, sanctions, provisions on the exemption from liability and leniency etc.;
  • corporate corruption prevention measures, including where their adoption is obligatory, the list of organisations on which this obligation is imposed, the list of anti-corruption measures etc.;
  • liability of natural persons for corruption, including the elements of the offence (offences), sanctions, applicability of the measures to foreign citizens;
  • anti-corruption standards in the public sector that are relevant for the organisations interacting with the state (conflicts of interest, gifts, other remunerated jobs, participation in the management of organisations, ownership of shares, loans, revolving door).

Further information on the structure of the database can be consulted on the dedicated page of the infographics in the section “Explanatory Note to the Infographics”.

As of now, the database contains information on 11 countries that are members of BRICS and the SCO: Russia, Brazil, India, China, South Africa, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan, Iraq and Pakistan. It is planned to further expand the database.

Country profiles

Information on the fight against corruption in several Latin American countries has been added to the section “Country Profiles”. It covers their placement in different anti-corruption rankings, participation in international agreements and organisations and the list of key anti-corruption legal acts.

Bolivia is a developing country in the central part of the continent. Its main anti-corruption acts include the Criminal Code establishing liability not only for active and passive bribery, trading in influence and other “conventional” corruption crimes, but also for the failure of officials to submit asset declarations, the Law on the Fight against Corruption, Illicit Enrichment and Criminal Investigation, the Law on Reinforcing the Fight against Corruption and others.

Venezuela is a Latin American country in a state of a protracted economic crisis, which fuels the high levels of corruption: it is constantly placed in the bottom of anti-corruption rankings. The anti-corruption framework encompasses the Criminal Code, the Law on Combating Corruption and a number of legal acts amending the Law.

Guatemala is a Central American developing country. Liability for corruption offences is established by the Criminal Code criminalising passive and active bribery, illegal receipt of gifts, abuse of functions and other crimes, and by the Law against Corruption. The increasing number of attacks against anti-corruption activists and organisations and the employees of anti-corruption bodies involved in the investigations against high-ranking officials has been registered in the recent years.

Honduras is one of the major Central American countries. It has no dedicated law on anti-corruption. The Criminal Code criminalises active and passive bribery, trading in influence, abuse of functions and other corruption crimes, while the Code of Ethical Conduct for Public Officials establishes anti-corruption standards for public officials.

Nicaragua is a Central American country. It has no framework law on countering corruption either, while the key anti-corruption provisions are enshrined in the Constitution and the Criminal Code.

Panama is a state located in the Isthmus of Panama connecting Central and South America. The fight against corruption is regulated by the Criminal Code criminalising most corruption crimes, the Law on the Implementation of Article 299 of the Constitution and the Fight against Corruption in Public Administration and the Law on Conflict-of-Interest Management in the Civil Service (Panama is one of the few Latin American countries that have a dedicated law on conflicts of interest).

Paraguay is one of the most developed countries of Latin America also from the point of view of anti-corruption legislation. The Criminal Code criminalises active and passive bribery, the Law on Preventing, Criminalising and Punishing for Illicit Enrichment in the Civil Service and Trading in Influence criminalises illicit enrichment and trading in influence, the Law on Punishable Acts against Public Assets criminalises the acts related, in particular, to public procurement, the Law on the Prohibition of Nepotism in the Civil Service criminalises nepotism, the Law on Preventing, Criminalising and Punishing Transnational Bribery criminalises foreign bribery, while the Constitution establishes the obligation to disclose assets. In the recent years, Paraguay has stepped up its efforts of investigating corruption crimes, including those of transnational character: in particular, the country conducted the operations TURF (in cooperation with Brazil and Europol) and A Ultranza PY (together with Uruguay, Europol and the US Drug Enforcement Administration) also aimed at holding the perpetrators liable for money laundering.

El Salvador is the smallest Central American country. Anti-corruption provisions are enshrined in the Criminal Code and the Law on Illicit Enrichment of Public Officials and Civil Servants. Anti-corruption standards for civil servants are provided for, in particular, by the Law on the Civil Service, the Law on Ethics in the Civil Service and the Decree of the President of El Salvador on Ethical Standards of the Civil Service.

Other updates

The “Publications” section containing information on research of different aspects of the fight against corruption has been updated. Additionally, new information has been added to the “Web Sites” section that provides links to the external resources that are interesting and useful from our point of view.

Tags
Conflict of interest
AML
Corruption whistleblowers
Corruption measurement
Corruption in sport
Political context
Illicit enrichment
Asset disclosure
Education and enlightenment
Compliance
Asset recovery
Corruption in public procurement
Civil society
International cooperation
Anti-corruption authorities
ICT
Standards of conduct
Foreign bribery
Transparency
Sanctions
Criminal prosecution

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