A QUICK ANTI-CORRUPTION GUIDE FOR BUSINESSES IN ASEAN, CHINA & JAPAN
International corruption has been estimated to cost a massive $3.6 trillion annually in the form of bribes and stolen money, amounting to over 5% of global GDP. It has been listed by the United Nations as one of the biggest impediments to achieving its 2030 Sustainable Development Goals, and governments worldwide have criminalised corruption in an effort to stem the losses.
Rajah & Tann Asia's member firms and regional desks hail from the jurisdictions of Cambodia, China, Indonesia, Japan, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. This Publication brings together our lawyers from the above jurisdictions to answer the following questions on anti-corruption efforts:
- What is the principal anti-corruption legislation in your country?
- Who is the authority in charge?
- Does the principal legislation have extra-territorial effect?
- Is there a different threshold in bribery offences in the public and private sector?
- Is there a duty to report bribery offences?
- What are the key offences under the principal legislation?
- What are the penalties for the key offences?
- Are there defences to the key offences?
- If a body corporate commits an offence under the principal anti-corruption legislation, would the officers of the body corporate be liable?
- Are Deferred Prosecution Agreements an option in your country?
- Are there any other key anti-corruption initiatives in your country?
- What is the enforcement trend of anti-corruption laws in your country?
COVID-19: Company Meetings and Filings in the Current Situation (Updated 11 June 2020)
The government has introduced several measures to alleviate the impact of COVID-19 on business operations in Thailand, namely, several notifications to relax requirements and obligations on the part of business operators. These include, among others, the requirements for corporate entities to hold their annual general meeting and submit financial statements and reports to the authorities
We had earlier issued a Client Update on “COVID-19: Company Meetings and Filings in the Current Situation” on 9 April 2020 and 23 April 2020. There have since been notable updates and developments in this area with regard to meetings via electronic media. This Update provides a summary of the updated measures and relevant guidelines as at 11 June 2020.
New Security Standards for E-meetings
The Ministry of Digital Economy and Society (“MDES”) has issued the MDES Notification on Standards for Maintenance of Security of Meetings Via Electronic Media B.E. 2563 (2020) (“MDES Notification on E-meeting”) containing new standards for the maintenance of security of meetings which take place via electronic media. The MDES Notification on E-meeting was published in the Royal Gazette on 26 May 2020 and came into force on 27 May 2020. It sets out detailed standards to be implemented when arranging a meeting via electronic media. This Update summarizes the key requirements set out in the MDES Notification on E-meeting.