Fcpa practical considerations for companies operating in poland
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FCPA practical considerations for companies operating in Poland. Unconventional Gas Committee Meeting Warsaw, May 8, 2012. Agenda. FCPA enforcement - globally Corruption enforcement – Poland Key challenges Key are a s of risk Good practices. FCPA enforcement - globally.

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FCPA practical considerations for companies operating in Poland

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Fcpa practical considerations for companies operating in poland

FCPA practical considerations for companies operating in Poland

Unconventional Gas Committee Meeting

Warsaw, May 8, 2012


Agenda

Agenda

  • FCPA enforcement - globally

  • Corruption enforcement – Poland

  • Key challenges

  • Key areas of risk

  • Good practices


Fcpa enforcement globally

FCPA enforcement - globally

  • Enforcement is still on the rise

  • Continued focus on prosecution of individuals

    Source: Shearman & Sterling FCPA Digest, January 2012


Fcpa enforcement globally continued

FCPA enforcement – globally (continued)

  • Energy sector remains the most affected*

    Source: http://fcpamap.com/

  • FCPA definitions remains to be interpreted in an extended way

  • Increased international co-operations amongst regulators

  • Dodds-Frank reform stimulate whistleblowing activity

  • US enforcement activities followed by other countries


Corruption enforcement poland

Corruption enforcement - Poland

  • Strong enforcement, especially after fall 2011

  • Number of enforcement agencies

  • Immediate media attention

  • Sometimes – cases started by accident

  • Easy wins for police and prosecutors

  • Wide range of tools used

  • Agencies more effective in submitting charges, then in securing convictions

  • Industry focus


Key challenges

Key challenges

  • Corruption is still a big problem although situation theoretically improves

  • Nepotisms, conflict of interest and fraud at local authorities level still remains a big problem

  • Financial turbulences stimulate an increase of pressure

  • Cultural issues still remain unsolved

  • Compliance remains perceived as a form over substance exercise


Key challenges corruption perception index 2010

Key challengesCorruption Perception Index 2010

www.transparency.org


Key challenges ongoing willingness to pay bribes 2012 global fraud survey

Key challengesOngoing willingness to pay bribes (2012 Global Fraud Survey)

Shown: percent stating response

Q3: Which, if any, of the following do you feel can be justified if they help a business survive an economic downturn?

Base: all respondents in Poland (55), Central & Eastern Europe (405), Global (1758)


Key areas of risk

Key areas of risk

  • Direct payments

    • Vendors

    • Employees

    • Consultants / experts

  • Indirect payments

    • Intermediaries

    • Agents

    • Sub-contractors

  • Hospitality


Good practices

Good practices

  • Hire the right people

  • Lead by example

  • Establish proper policies and procedures

    • Code of conduct

    • Procedures

    • Approval limits

    • Contracts (with FCPA clauses)

  • Have an effective systems of controls over spendings

  • Know your vendors

  • Trust but audit


Mariusz witalis email mariusz witalis@pl ey com tel 48 22 557 7950 mobile 48 508 018 345

Thank you

Mariusz WitalisEmail:[email protected]: +48 22 557 7950 Mobile: +48 508 018 345


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