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

Unconventional Gas Committee Meeting

Warsaw, May 8, 2012


Agenda

  • FCPA enforcement - globally

  • Corruption enforcement – Poland

  • Key challenges

  • Key areas of risk

  • Good practices


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)

  • 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

  • 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

  • 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 challengesCorruption Perception Index 2010

www.transparency.org


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

  • Direct payments

    • Vendors

    • Employees

    • Consultants / experts

  • Indirect payments

    • Intermediaries

    • Agents

    • Sub-contractors

  • Hospitality


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


Thank you

Mariusz WitalisEmail:mariusz.witalis@pl.ey.comTel.: +48 22 557 7950 Mobile: +48 508 018 345


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