Welcome to the 2013 edition of the Jones Day Anti-Corruption Regulation Survey of Select Countries. We have added Mozambique, Timor-Leste and Singapore to the survey this year in light of their increasing importance to different segments of our client base. This brings to 36 the total number of countries covered by the Survey. We have kept the same uniform format for each country summary as in the 2012 edition. That format is explained below.

There is an increasing awareness among multinational companies of the significance of anti-corruption regulations in many countries and the potential risk of violating these regulations or being associated with companies or individuals that are engaged in such violations.

The United States has become increasingly aggressive in enforcing its anti-corruption regulations, including as to non-U.S. companies operating outside of the U.S. with limited connections to the U.S. The United Kingdom has also recently adopted wide-ranging anti-corruption regulations covering extra-territorial conduct. Even though the regulatory and enforcement environments vary widely from country to country, there has been a clear movement in many countries toward increased regulation and stricter enforcement.

This Survey is intended to give an overview snapshot of the complex and evolving anti-corruption regulations in 36 developed and developing countries. Ways in which it may be useful will vary depending on a company's situation and needs. A few examples follow:

  • Due diligence. This Survey may be useful to give a sense of key aspects of anti-corruption regulations that apply to the potential target of M&A or partner of a joint venture.
  • Prospective business partners. If a company is considering entering into a relationship with a business partner (e.g., vendor or customer) from another country, this Survey may be useful to give a sense of potential landmines in relation to the partner's local business activities.
  • Considering efficacy of compliance programs. This Survey may be helpful in considering whether and how to develop a compliance program, whether on a country, regional or global basis. As a baseline starting point, one needs to have an understanding whether a particular action (for example, certain gifts or entertainment) would violate local regulations.

In this Survey, the countries are organized by region and then alphabetically by country. For each country, the same categories are covered. They include, among others: (i) whether bribery of domestic and foreign public officials is prohibited; (ii) what "public official" means; (iii) whether and to what extent gifts, entertainment and travel benefits are regulated; (iv) issues in enforcement and (v) recent developments.

This Survey also identifies the CPI scores and ranks of each country covered herein. CPI means Corruption Perceptions Index, published by Transparency International, which scores and ranks countries around the world based on perceived levels of corruption. CPI scores range from 100 (very clean) to 0 (highly corrupt). In 2013, the CPI ranked 177 countries based on their scores. This Survey also identifies major international conventions to which each country covered by this survey is a party. These conventions are defined in the Glossary.

This Survey may be useful as a starting point to give some sense of the scope and extent of regulation in a particular country, but is not a substitute for a review of actual regulations in light of a particular set of facts. This Survey should not be construed as legal advice on any specific facts or circumstances.

If questions do come up in relation to the anti-corruption regulations of a specific country, the last section of this Survey lists contacts at Jones Day who would be in a position to provide information based on the specific facts and circumstances or guidance as to local counsel where appropriate. If questions come up in relation to multiple jurisdictions, the Jones Day team, including its local correspondents where appropriate, can effectively coordinate to provide a comprehensive and focused response.

Anti-Corruption Regulation Survey of Select Countries 2013

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.