The Department of Justice issued a series of Circulars that modify criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases, and implementing procedures that ensure proactive involvement by prosecutors during case build-up.
Taiwan and the US have concluded negotiations on five issues since the announcement of the Taiwan-US 21st Century Trade Initiative’s launch in June 2022, including trade facilitation, good manufacturing practices, domestic regulations for service industries, anti-corruption, and small and medium-sized enterprises. This is a key step towards the completion of the Taiwan-US FTA using the building block approach. The first agreement is expected to be signed in the next few weeks.
The Asia Pacific Medical Technology Association Code of Ethical Conduct has been revised to include further clarification around gifts. The revisions are effective from 1 January 2024.
Most major companies have implemented a compliance program but often struggle with two issues: ensuring the compliance program remains effective in light of their existing and changing landscape and making it more efficient by leveraging technology. The Compliance Cockpit specifically addresses both issues.
The South African Department of Finance has published Directive 8 on the compulsory screening of employees for competence and integrity. Failure to comply means that such businesses will risk sanction, including a fine of up to ZAR 50 million. Accountable institutions must record how the screening has been conducted and keep records of the outcome of such screening, which must be made available to the Financial Intelligence Centre upon request. It has been stipulated that screenings should begin as soon as possible.
The 2023 Guide to Doing Business in the United Arab Emirates is your simple but comprehensive guide to understanding and navigating the current investment climate and the most important laws regulating investments and commercial activities in the UAE.
The guide features various topics, including the history, geography and economy of the UAE, the legal and judicial systems, foreign investment models, real estate ownership and leasehold, and employment. It also provides a comparison of the available legal investment vehicles that may potentially be used to enter the UAE market.
On 3 March 2023, the Criminal Division of the United States Department of Justice published details of a three-year Pilot Program Regarding Compensation Incentives and Clawbacks. The Compensation Pilot Program is effective 15 March 2023 and from that date it will be applicable to all corporate criminal matters handled by the DOJ Criminal Division. At the same time, DOJ also updated its Evaluation of Corporate Compliance Programs guidance document to reflect the criteria introduced by the Compensation Pilot Program, among other updates.
On 22 February 2023, the US Department of Justice announced a new voluntary self-disclosure policy for corporate criminal enforcement in all United States Attorneys’ Offices around the country. USAOs are often the front line of DOJ’s enforcement efforts, prosecuting federal criminal cases in each of the 94 federal judicial districts across the country. This includes the prosecution of many criminal violations of US sanctions and export controls.
On 22 February 2023, the US Department of Justice announced a new voluntary self-disclosure policy for corporate criminal enforcement in all 94 United States Attorneys’ Offices across the country. This new voluntary self-disclosure policy is a response to Deputy Attorney General Lisa Monaco’s 15 September 2022 Memorandum insisting all DOJ divisions develop a self-disclosure policy, to the extent one does not already exist. Other DOJ components, including the Criminal Division, have already taken steps to issue or update their own policies on this topic.
Spanish Official State Gazette published Law 2/2023 on 20 February 2023, which transposes the EU Whistleblower Directive (Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of European Union law) into Spanish law.