Financial and Business Crime: Q&A Tool

Search the Country Q&A in the Financial and Business Crime Global Guide by question and jurisdiction.

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Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Fraud

Regulatory provisions and authorities

1. What are the main regulatory provisions and legislation relevant to corporate or business fraud?
 

Offences

2. What are the specific offences relevant to corporate or business fraud?
 

Enforcement

3. Which authorities have the powers of prosecution, investigation and enforcement in cases of corporate or business fraud? What are these powers and what are the consequences of non-compliance?
 

Penalties

4. What are the potential penalties or liabilities for participating in corporate or business fraud?
 

Bribery and corruption

Regulatory provisions and authorities

5. What are the main regulatory provisions and legislation relevant to bribery and corruption?
 
6. What international anti-corruption conventions apply in your jurisdiction?
 

Offences

7. What are the specific bribery and corruption offences in your jurisdiction?
 

Defences

8. What defences, safe harbours or exemptions are available and who can qualify?
 
9. Can associated persons and agents be liable for these offences and in what circumstances?
 

Enforcement

10. Which authorities have the powers of prosecution, investigation and enforcement in cases of bribery and corruption? What are these powers and what are the consequences of non-compliance?
 

Penalties

11. What are the potential penalties for participating in bribery and corruption?
 

Tax treatment

12. Are there any circumstances under which payments such as bribes, ransoms or other payments arising from blackmail or extortion are tax-deductible as a business expense?
 

Insider dealing and market abuse

Regulatory provisions and authorities

13. What are the main regulatory provisions and legislation relevant to insider dealing and market abuse?
 

Offences

14. What are the specific insider dealing and market abuse offences?
 

Defences

15. What defences, safe harbours or exemptions are available and who can qualify?
 

Enforcement

16. Which authorities have the powers of prosecution, investigation and enforcement in cases of insider dealing and market abuse? What are these powers and what are the consequences of non-compliance?
 

Penalties

17. What are the potential penalties for participating in insider dealing and market abuse?
 

Money laundering, terrorist financing and financial/trade sanctions

Regulatory provisions and authorities

18. What are the main regulatory provisions relevant to money laundering, terrorist financing and/or breach of financial/trade sanctions?
 

Offences

19. What are the specific offences relating to money laundering, terrorist financing and breach of financial/trade sanctions?
 

Defences

20. What defences, safe harbours or exemptions are available and who can qualify?
 

Enforcement

21. Which authorities have the powers of prosecution, investigation and enforcement in cases of money laundering? What are these powers and what are the consequences of non-compliance?
 

Penalties

22. What are the penalties for participating in money laundering, terrorist financing offences and/or for breaches of financial/trade sanctions?
 

Financial record keeping

23. What are the general requirements for financial record keeping and disclosure?
 
24. What are the penalties for failure to keep or disclose accurate financial records?
 
25. Are the financial record keeping rules used to prosecute white-collar crimes?
 

Due diligence

26. What are the general due diligence requirements and procedures in relation to corruption, fraud or money laundering when contracting with external parties?
 

Corporate liability

27. Under what circumstances can a corporate body itself be subject to criminal liability?
 

Immunity and leniency

28. Are cartels prohibited in your jurisdiction? How are cartel offences defined? Under what circumstances can a corporate body be subject to criminal liability for cartel offences?
 

Immunity and leniency

29. In what circumstances it possible to obtain immunity/leniency for co-operation with the authorities?
 

Cross-border co-operation

30. What international agreements and legal instruments are available for local authorities?
 
31. In what circumstance will domestic criminal courts assert extra-territorial jurisdiction?
 
32. Does your jurisdiction have any statutes aimed at blocking the assertion of foreign jurisdictions within your territory? Are there statutes aimed at blocking he assertion of foreign jurisdictions within their territory?
 

Whistleblowing

33. Are whistleblowers given statutory protection?
 

Reform, trends and developments

34. Are there any impending developments or proposals for reform?
 

Market practice

35. What are the main steps foreign and local companies are taking to manage their exposure to corruption/corporate crime?
 
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