THIRD-PARTY RISKS AND DUE DILIGENCE CHALLENGES IN BRAZIL
The current Brazilian political crisis and extensive criminal investigations on acts of corruption involving several government institutions and government-run companies have been widely publicised and discussed in recent years. There is no indication that such investigations and related criminal proceedings will come to an end in the near future. The Brazilian media is constantly reporting on new developments in investigations related to Operation Lava Jato, including its extension to state and municipal governments.
Operation Lava Jato and its offspring investigations have unveiled an historical, widespread culture of corruption in Brazilian business. Surprisingly, the latest developments in such investigations have identified that several companies and politicians continued illegal practices of corruption even at the height of Operation Lava Jato, when government institutions and certain industries such as oil & gas were already under intense scrutiny by investigators.
As Operation Lava Jato progresses, the culture of compliance is also taking hold in Brazilian business. Public institutions and government companies, such as Petrobras, are starting to demand that their partners and suppliers implement anti-corruption compliance programmes.
Oct-Dec 2017 Issue