Compliance and Anticorruption
We are pre-eminent specialists in the field of compliance and anti-corruption in Ukraine and across the entire CIS economic region, providing a wide range of practical tools and strategies to ensure global companies that their CIS operations robustly meet the demanding needs of compliance departments. We publish articles in leading journals, perform detailed legal research, adapt corporations' global policies to conform to local legal requirements, and prepare training materials to help companies in Ukraine understand all the practical implications of anti-corruption laws, including in public procurement sector.
A) Foreign Anti-Corruption Laws Applied in Ukraine
Our anti-corruption practice is multi-jurisdictional. We help companies apply the provisions of the US Foreign Corrupt Practices Act ("FCPA") to Ukrainian operations. We can also assist companies in compliance issues related to the new UK Bribery Act, 2010, which is set to come into force in April 2011. We frequently work on "localizing" a global company's anti-corruption polices and ensuring their full compliance in Ukraine.
B) Legal Support for Application of Ukrainian Anti-Corruption Legislation
Keeping up to date on the legislative process in Ukraine can be daunting for companies. We advise on a day-to-day basis as to changes to legislation that may affect their anti-corruption business practices, including:
- Identification and status of "government officials", i.e. who is considered a government official ("GO") and public sector under the law.
- Legal restrictions, which are imposed on GO and limitations related to GO in terms of interactions with commercial entities (business trips, gifts, other business amenities).
- Main set of the legislation governing GO status/limitations and setting anti-corruption rules and responsibility.
- Analysis of reservation clauses based on the FCPA in contractual documents between Ukrainian and foreign companies controlled by US corporations.
- Liability for the violation of GO-related/anticorruption rules.
C) Multi-Jurisdictional Anti-Corruption Support
We are seasoned experts in providing cross-border anti-corruption compliance work for multinational corporations operating in the CIS economic region. In one recent case, we provided support not just for Ukrainian operations, but also for our client's business operations in six other countries of the CIS economic region.
We also authored a section on Ukraine and wrote foreword for the recently published book by the CIS Leading Counsel Network on Comparative Summary of Anti-Corruption Laws n the CIS Economic Region - 2011 - The Practical Legal Guide for Companies' Compliance Policies.