On 3 March, CMS Cameron McKenna Nabarro Olswang LLP published a new edition of this Guide. It includes full coverage of the BRIC nations, as well as Asia (China, Singapore, Thailand, Malaysia and Indonesia), the Middle East (the UAE, Saudi Arabia and Oman), South America (Brazil, Mexico, Chile and Columbia) and increased coverage in Africa (Kenya, Nigeria and South Africa). It says that more countries are introducing corporate liability for bribery offences, and there has also been a trend of increasing the level of maximum penalties available for bribery offences. The majority of countries provide for private sector bribery offences, with only 6 having offences that only apply to bribing public sector officials. Almost all countries recognise the concept of corporate liability for bribery (with the exception of Oman, where only individuals can be prosecuted), albeit that in 6 jurisdictions only civil or administrative penalties can be applied to corporates (Brazil, Bulgaria, Colombia, Germany, Hungary and Mexico). 8 countries (Australia, Chile, India, Italy, Kenya, Malaysia, Switzerland and the UK) now provide for a specific corporate offence whereby a corporate will be criminally liable for failure to prevent representatives committing bribery on its behalf.
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