EU STUDY ON CORRUPTION IN THE HEALTHCARE SECTOR INCLUDING TYPOLOGIES

On October 7th the EU Commission published its updated study on corruption in the EU healthcare sector. In this article, Baker McKenzie suggests that companies in the healthcare industry should rethink their policies and procedures based on the results of this Europe-wide study.  The study covered all EU Member States but focused on Croatia, Greece, Hungary, Lithuania, Poland, and Romania.

Relevant finding for companies in the sector were that –

  • bribery in medical service delivery remains one of the main challenges, especially in many Eastern and Southern European Member States;
  • transparent procedures are key in addressing corruption in procurement processes; and
  • attempts to address improper marketing increase at both EU and national level.

The study identified 6 typologies of corruption –

  1. bribery in medical service delivery;
  2. procurement corruption;
  3. improper marketing relations;
  4. misuse of (high) level positions;
  5. undue reimbursement claims; and
  6. fraud and embezzlement of medicines and medical devices.

The article is at https://globalcompliancenews.com/eu-study-corruption-healthcare-20171114/#_ftn4

The updated study is at https://ec.europa.eu/home-affairs/sites/homeaffairs/files/20170928_study_on_healthcare_corruption_en.pdf

OECD PEER REVIEWS ON THE EXCHANGE OF TAX INFORMATION: INCLUDES ISLE OF MAN & JERSEY

The OECD Global Forum on Transparency and Exchange of Information for Tax Purpose has published a number of Second Round Peer review reports on the Exchange of Information on Request.  These are for Jersey, Isle of Man, India, Denmark, Italy and Curacao.  The Global Forum concluded that the Isle of Man continues to be Compliant with the international standard on transparency and exchange of information upon request.  The second round peer review reveals the important progress made by Jersey in the implementation of the international standard, leading to the upgrade of its overall rating from Largely Compliant to Compliant with all elements determined to be in place and rated Compliant

https://www.accountancylive.com/cch_uk/cln/news_004986_oecd_global_forum

http://www.oecd.org/tax/transparency/

http://www.oecd.org/tax/transparency/second-round-global-forum-peer-review-reports-november-2017.htm

CAUTION IN FINANCIAL DEALINGS WITH VENEZUELA URGED

On 14th November, US law firm Watson Farley & Williams published a useful briefing dealing with the fine detail of the US financial sanctions on Venezuela, and particularly its oil company PdVSA.  As the briefing says, “the sanctions are broadly designed to make it more difficult for the Government of Venezuela to raise funds internationally. Although the sanctions are limited in scope, parties wishing to deal directly or indirectly with the Government of Venezuela or PdVSA should exercise caution, as there are many nuances and uncertainties in the application of the sanctions”

http://www.wfw.com/wp-content/uploads/2017/10/WFWBriefing-US-SANCTIONS-TARGET-VENEZUELAS-PDVSA-1.pdf

UPDATE: VENEZUELA – UK FINANCIAL SANCTIONS AND EXPORT CONTROL NOTICES

HM TREASURY ISSUES VENEZUELA SANCTIONS NOTICE

On 15th November, HM Treasury published a Notice re the sanctions imposed under EU Regulation 2017/2063 and involving a ban on the export of arms and equipment which might be used for internal repression, a ban on the export of surveillance equipment and the freezing of funds and economic resources of certain persons, entities and bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition and persons, entities and bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela, as well as persons, entities and bodies associated with them.

The Notice confirms that no persons have yet been designated under the Regulation.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/659761/HM_Treasury_Notice_15-11-2017_Venezuela.pdf

NOTICE TO EXPORTERS: VENEZUELA

Also on 15th November, the UK Export Control Joint Unit issued Notice to Exporters 2017/25.  This Notice details –

  • the fact that the UK interprets the arms embargo as applying to all items on the UK Military List;
  • the related prohibitions on the provision of technical assistance, financing and financial assistance, brokering services, and other related services
  • the prohibitions on the provision of technical assistance, financing and financial assistance, brokering services, and other related services
  • the supply of equipment, technology or software intended primarily for use in the monitoring or interception of internet or telephone communications on mobile or fixed networks, where a licence will be required
  • the fact that there is total prohibition on the provision of telecommunication or internet monitoring or interception services to Venezuela’s government or associated bodies

The Notice also refers to the financial sanctions mentioned in the HM Treasury Notice.

https://www.gov.uk/government/publications/notice-to-exporters-201725-new-eu-sanctions-against-venezuela/notice-to-exporters-201725-new-eu-sanctions-against-venezuela

HM TREASURY ISSUES VENEZUELA SANCTIONS NOTICE

HM TREASURY ISSUES VENEZUELA SANCTIONS NOTICE

On 15th November, HM Treasury published a Notice re the sanctions imposed under EU Regulation 2017/2063 and involving a ban on the export of arms and equipment which might be used for internal repression, a ban on the export of surveillance equipment and the freezing of funds and economic resources of certain persons, entities and bodies responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition and persons, entities and bodies whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela, as well as persons, entities and bodies associated with them.

The Notice confirms that no persons have yet been designated under the Regulation.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/659761/HM_Treasury_Notice_15-11-2017_Venezuela.pdf