What Does Leniency Agreement Mean

The Brazilian Public Prosecutor`s Office (MPF) has issued new guidelines regarding the requirements for leniency agreements with Brazilian companies and foreign companies with their headquarters, branches or offices in Brazil in relation to corruption investigations. The guidelines were adopted on 24 August and were made public on 30 August 2017 and developed in response to MPF`s criticism of the terms and procedures of previous leniency agreements. These guidelines are an important step in ensuring greater predictability and transparency in negotiations on leniency and the outcome of leniency agreements under the Clean Company Act. Therefore, it is up to the company involved in the corruption to search for the agency or body responsible for the investigation and to express its interest in cooperating with the investigation. At the federal level, responsibility for concluding agreements focuses on the function of Comptroller General (CGU). Similarly, several states, such as the State of Rio de Janeiro, have chosen to focus this allocation on a single administrative authority. With the other investigative and investigative instruments available to the Commission, leniency communication is proving to be very effective in the fight against cartels. Cueva listed some of the challenges associated with consolidating leniency agreements in the country: with regard to administrative responsibility, the anti-corruption law is an important instrument for leveraging the investigation and recovery of funds diverted from public coffers: the communication on leniency. The use of the dedicated email address or eLeniency online tool ensures that the exact time and date of contact is properly recorded and that the information is treated with the utmost confidentiality within the Commission.

Before submitting the proposal itself, we advise you to consult with one of the Commission officers involved in the leniency communication by calling the following specific telephone numbers: 10) Where possible, negotiations with foreign authorities on cross-border corruption rules will be taken into account and this information should be included in Brazil`s leniency agreement. If several jurisdictions consider the same behaviour, the MPF will avoid imposing double penalties for the same behaviour (guideline 13). The benefits of the Clean Company Act leniency program will not be extended to individuals participating in the self-reported program. Persons involved in illegal activities may enter into their own oral arguments (or “delao premiada”) with the Crown. Despite the earlier reference to a case relating to cartels and abuse of dominance, this article focuses on leniency provided by Brazil`s anti-corruption law. which rewards the company that accepts (i) the exemption from the extraordinary publication of the conviction decision, (ii) controls the relaxation of prohibitions, incentives, grants, grants, donations, donations or loans from public bodies or agencies and public bodies or government agencies or governments, for a period of at least 1 (1) and maximum 5 (5) years, and finally (iii) the reduction of 2/3 (two thirds) of the applicable fines. The Brazilian Anti-Corruption Act (BAC) provides, among other benefits, that the competent authorities may enter into agreements (leniency agreements) with legal entities who have committed illegal acts and have cooperated effectively with investigations and administrative procedures.