Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this edition, Tom Fox welcomes Adrian Roux, a senior associate at Edward Nathan Sonnenberg, to discuss recent legislative changes in South Africa’s anti-corruption efforts and their global relevance.
Adrian highlights the introduction of a new offense in South Africa akin to the UK’s Bribery Act’s ‘failure to prevent bribery’ offense and discusses a new policy directive for non-trial resolutions for companies facing corruption charges. Both initiatives aim to mitigate extensive corruption exposed during the Zuma era’s state capture saga, which involved high-profile public and private sector corruption cases investigated by the Zondo Commission.
Adrian explains the challenges and implications of these legislative changes for compliance professionals globally, emphasizing the importance of understanding new compliance obligations and developing adequate procedural defenses. Additionally, the episode touches on increased international cooperation between South African and U.S. authorities in white-collar enforcement. This collaboration, noted in recent FCPA enforcement actions, signifies a growing trend towards global enforcement in corporate compliance and anti-corruption matters.
Highlights in this episode:
- New Legislative Changes in South Africa
- Failure to Prevent Offense
- Adequate Procedures and Compliance Programs
- Corporate Alternative Dispute Resolution Directive
- International Cooperation in White Collar Enforcement
Resources:
Arian Roux on LinkedIn
ENS Law Firm
Zondo Commission Report on State Capture
Article on 34A of the Prevention and Combating of Corrupt Activities Act
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