James Tillen, Matt Ellis, and Saskia Zandieh* were quoted on the anti-corruption efforts of corporations in Latin American, according to results of Miller & Chevalier's recently released 2016 Latin America Corruption Survey. Although more than three-quarters of executives believe their country's anti-corruption laws are ineffective, survey respondents point to signs of region-wide improvement in corporate compliance measures. "While many of the responses in this year’s survey suggest enduring risks and ossified attitudes in Latin America, we also see signs of improvement in some areas," Tillen said. "For example, we are observing significant growth in anti-corruption compliance efforts in a number of key markets, as well as a greater number of companies that are aware of the relevant anti-corruption legislation that pertains to them, which is a good sign for the region overall." Zandieh agreed. "Despite continued pessimism in the region about the effectiveness of local anti-corruption laws, we expect recent headline-catching corruption investigations of individuals … to begin to shift opinions about the enforcement of corruption laws over the next several years," she said. "In addition, the recent adoption of new anti-corruption legislation in many countries -- such as Brazil, Mexico and Colombia -- and continued FCPA enforcement relating to Latin America could also shift opinion."

In addition to better anti-corruption laws, regional and multinational companies are increasingly adopting improved compliance methods such as anti-corruption training and policies; full-time compliance personnel; anti-corruption contract terms; gifts, travel and entertainment procedures; anti-corruption audits and assessments; and anonymous reporting mechanisms. "Given the number of headline corruption issues in Latin America, it is not surprising that few respondents see a noticeable improvement in their country’s anti-corruption programs. Between Brazil’s Petrobras scandal and Lava Jato investigation, and well-publicized misconduct in other countries like Colombia, Chile and Mexico, we see a clear need for increased anti-corruption legal action in the region," Ellis said. "Recent developments like the new Mexican anti-corruption system are long-awaited steps in the right direction."

*Former Miller & Chevalier attorney