Brazil's Clean Companies Act - This Year's Dramatic New Legislation Raises Questions and Uncertainty

Ethisphere
07.30.14
In this article, Matteson Ellis discusses the birth of Brazil's Clean Companies Act (the BCCA) during a time of bold anti-corruption changes in Latin America's largest economy. "Ultimately, in response to the swelling of public dissatisfaction with government corruption, the law was passed," Ellis said. "With the BCCA, Brazil for the first time establishes corporate liability, even strict liability in some instances, for domestic and foreign bribery committed by both Brazilian and foreign companies. This is a significant achievement for Latin America," he added. Since the law went into effect on January 29, 2014, the dramatic events surrounding it have been shadowed by many new "hot topics," including speculation over how the law will be enforced, worries about the number of government entities with enforcement authority and whether or not the law's penalties are strong enough to meet international commitments. Ellis's article explores these questions in depth.
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