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Exit and Entrance Strategies for LatAm :

Exit and Entrance Strategies for LatAm :. A Checklist Guide for What Should Go into Your ABAC Risk Matrix. Country-specific risks. CPI Factors to determine risk level: Level of enforcement of ant bribery legislation Transparency in the public sector Cultural perception of corruption

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Exit and Entrance Strategies for LatAm :

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  1. Exit and Entrance Strategies for LatAm: A Checklist Guide for What Should Go into Your ABAC Risk Matrix

  2. Country-specific risks • CPI • Factors to determine risk level: • Level of enforcement of ant bribery legislation • Transparency in the public sector • Cultural perception of corruption • Strength of democratic institutions • Independency of media • Impartiality and independency of the judiciary

  3. Brazil • Anti-Corruption Regulation • Clean Companies Act in force since January 2014 • Federal Prosecutors issued Guidance on Leniency Agreements (August 2017) • Comments • Lava Jato, corruption scandal • Appointment of monitors • Enforcement leader in Latin America • Stringent law • Dedicated prosecutors • Sophisticated local authorities • Public support • Continued cooperation among authorities/Coordination with foreign authorities • Investigation fatigue • Negative economic consequences • Political turmoil

  4. Venezuela • Anti-Corruption Regulation • Law Against Corruption (last amendment in 2014) • Recent prosecutions involving PDVSA (national oil company) • Comments • Complex economic and political environment • Foreign exchange control

  5. Mexico • Anti-Corruption Regulation • National Anti-Corruption System (July 2016) • General Law of Administrative Accountability (July 19 2017) • Corruption scandal involving Mexican president • Comments • Recently enacted legislation • Public support for anti-corruption measures • Few cases so far • Generally low expectations of enforcement

  6. Sectoral Risk and Transactional Risks • Interaction with the government • Participation in public bidding procedures • Complex regulatory requirements • High value and/or long term agreements • Use of TPIs • Multiple business partners, stakeholders or complex corporate structures • Level of public scrutiny of the transaction • Import/Export activities • Public concession agreements • Licenses and Permits required to operate • Unusual requirements (charitable contributions, donations, etc.)

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