Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Scope and operation of anti-corruption laws such as the US FCPA and the new UK Bribery Act is not restricted to territorial boundaries. Anti-corruption compliance is a hot-button issue in countries such as India, where trans-national corporations are increasing presence.
Challenges and Compliance under Indian Anti-corruption Laws
In the context of these far-reaching developments, it appears unlikely that India can act very differently and buck this trend, in the current context. Moreover, India has entered into mutual obligations with several countries including the US, to extend cooperation in respect of investigations and legal proceedings.
This can result in continuing legal risks and adverse publicity for the corporations involved.
Punishment ranges between 6 months and 5 years along with a fine. In certain cases of habitual offenders imprisonment could be 7 years. There is no limit on the maximum fine payable. Liability could be attributed to a company, if an employee/agent acted within the scope of employment, to obtain benefit for the company.
Challenges and Compliance under Indian Anti-corruption Laws
10
Any valuable thing, without adequate payment for the same, to a public servant by a person who has or is likely to have official dealings with the public servant.
Challenges and Compliance under Indian Anti-corruption Laws
11
Common Issues
Does anti-corruption law apply only to payments or also to gifts/ other forms of benefit? Indian law is extremely broad in scope. It covers any payment/ gift/ other benefit.
12
Is it okay to make a payment/ gift/ other benefit for something which a public servant is supposed to do? No, Indian law prohibits a payment/ gift/ other benefit even if it is for a lawful object. The concept of speed money for routine governmental action does not exist under Indian law.
Challenges and Compliance under Indian Anti-corruption Laws
13
14
15
Practical Situations
Certain situations that a company might face are: Routine requests for payments by government officials (including officials of police, utility, railway, post office and customs departments). Demands for payment to undertake routine action. Rendering of hospitality to business contacts who are public servants, at promotional events and in the course of official visits/ inspections.
16
17
18
Conduct regular compliance training for employees of all levels, to sensitise them to anti-corruption laws and their consequences.
Challenges and Compliance under Indian Anti-corruption Laws
19
Thank you.
20
103, Ashoka Estate, 24, Barakhamba Road, NEW DELHI 110 001 Tel: (91) (11) 4121 5100; Fax: (91) (11) 2372 3909 704-706, 7th Floor, Embassy Centre, Nariman Point, MUMBAI 400 021 Tel: (91) (22) 6630 3600; Fax: (91) (22) 6630 3700 408, 4th Floor, Barton Centre, M. G. Road, BANGALORE 560 001 Tel: (91) (80) 4112 2400; Fax: (91) (80) 4112 2332 Email: msaraf@luthra.com