United States: 5 Things To Watch For In FCPA Enforcement This Year

Recognizing that prognostication is a fool's errand and mindful of our own unique limitations (having collectively gone four for 29 in our firm's football picking pool), here are five things we think lawyers and compliance professionals interested in the enforcement of the Foreign Corrupt Practices Act should look for in 2018.

(Note: Certain information set forth in this article contains "forward-looking information." Except for statements of historical fact, information contained herein constitutes forward-looking statements. Forward-looking statements are provided to allow readers the opportunity to understand the authors' beliefs and opinions in respect of the future so that they may use such beliefs and opinions as one factor in evaluating future conduct. These statements are not guarantees of future outcomes and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual events in future periods to differ materially from any projections expressed or implied by such forward-looking statements. The reader is cautioned not to place undue reliance on forward-looking statements. In other words, we could well be completely wrong.)

1. There Will Be No "Trump Effect"

After much post-election hand-wringing in 2017 about whether FCPA enforcement would diminish radically under President Donald Trump, it's now safe to say that the basic paradigm — in place since at least the George W. Bush administration — has survived. Indeed, all signs point toward continued and vigorous enforcement of the FCPA by both the U.S. Department of Justice and the U.S. Securities and Exchange Commission.

Even before the DOJ announced a new "FCPA Corporate Enforcement Policy" at the end of November, the pace and scope of enforcement actions by both the DOJ and SEC suggested that a "Trump effect" would not be forthcoming.

In 2017, the DOJ and SEC brought 27 corporate FCPA enforcement actions.1 Although in 2016 the agencies brought twice that number (55 enforcement actions),2 comparing annual enforcement activity isn't particularly meaningful, especially when considering the time required to investigate complex corporate misconduct and bring such matters to a close. Corporate investigations of historical misconduct — especially where witnesses and documents are located abroad — can be lengthy endeavors. The majority of corporate FCPA investigations closed by the DOJ and SEC between 2006 and 2017 lasted more than two years, and about a quarter of investigations closed during the same period lasted five years or more.3

Moreover, it isn't unusual for enforcement activity to dip following a change in administration as final decisions in consequential cases are sometimes left for the new regime. Indeed, there is reason to believe that a number of long-simmering investigations are likely to resolve in 2018. Among them is the well-publicized investigation of Wal-Mart Stores Inc., which first disclosed its investigation of possible FCPA violations in 2011.4

Similarly, personnel is policy, and fears of a "Trump effect" are undercut by the fact that the government's FCPA enforcement programs continue to be run by experienced career attorneys. The DOJ's FCPA Unit is led by Dan Kahn, who has been a prosecutor in the unit since 2010. The new chief of the SEC's FCPA Unit, Charles Cain, has been a supervisor in the unit since its formation in 2010 and has been with the SEC for more than 18 years.5 Other supervisors in both units are all career attorneys, whose experience crosses multiple administrations. The experienced and capable leadership of both enforcement units are unlikely to dramatically shift — let alone abandon — the enforcement regime they've developed over the last several years.

2. It Is a Small World After All

The last several years have seen increased activity by foreign anti-corruption authorities, often in coordination with their counterparts in the United States. This trend is likely to continue, and may even accelerate. In April 2017, then-Acting Principal Deputy Assistant Attorney General Trevor N. McFadden lauded the DOJ's work with foreign anti-corruption authorities, noting that "cooperation with our foreign partners has become a hallmark of our work."6

Following the resolutions involving Odebrecht SA and Braskem SA at the end of 2016 — which involved coordinated actions by the United States, Brazil and Switzerland — 2017 saw continued global anti-corruption enforcement:

  • U.K.-based Rolls-Royce PLC resolved cases with authorities in Brazil, the United Kingdom and the United States in January 2017, paying more than $800 million to resolve corruption-related charges involving Brazil, Thailand, Kazakhstan, Angola, Azerbaijan and Iraq.7 Announcing the resolution, the DOJ touted the "strong relationship" with the U.K. Serious Fraud Office and Brazil's Ministério Público Federal, noting that the "global nature" of the violations required a "global response."8
  • Swedish telecommunications company Telia Co. AB resolved cases with authorities in the United States, Netherlands and Sweden in September, agreeing to pay nearly $1 billion for its role in a massive, multiyear bribery scheme involving high-level officials in Uzbekistan.9
  • In November, Dutch oil services company SBM Offshore NV paid $238 million and entered into a deferred prosecution for bribing government officials in Brazil, Angola, Equatorial Guinea and Iraq.10 This followed a $342 million settlement with Brazilian authorities in 2016, and an earlier $240 million resolution with Dutch authorities in 2014.11

U.S. authorities don't have the market cornered on anti-corruption enforcement and these coordinated multi-jurisdictional enforcement actions have helped train and educate anti-corruption enforcers outside the United States. We are already seeing independent action by other regulators. For example, the U.K.'s Serious Fraud Office charged two executives of Monaco-based oil and gas company Unaoil in November 2017, marking the first charges since allegations first came to light about the company's role in widespread corruption.12 The investigation is likely to continue into 2018, as public reports indicate that authorities in Australia and the U.S. are also investigating.

Likewise, in November 2016, the Indian Central Bureau of Investigation filed corruption charges against Embraer SA — which had resolved charges with the U.S. and Brazil in October 2016.13 As the Indian investigation continues, reports indicate Indian authorities may be receiving cooperation from their counterparts, having received documents from the U.S. and other information from Switzerland and Singapore.14

Multijurisdictional investigations are complex, and recent enforcement actions show that authorities across the globe are ramping up their own enforcement efforts.

3. More Disclosed Misconduct — But More Declinations?

At the end of November, Deputy Attorney General Rod Rosenstein announced a revised "FCPA Corporate Enforcement Policy" that formalized aspects of the 2016 FCPA pilot program into the United States Attorneys' Manual, with some potentially significant tweaks.15 Specifically, the policy creates a presumption that the DOJ will decline to bring an FCPA case when a corporation voluntarily self-discloses misconduct, fully cooperates with the DOJ investigation, timely and adequately remediates misconduct, and disgorges any ill-gotten profits.16 The policy contains an important qualification, taking declinations off the table when "aggravating circumstances" exist. However, if such circumstances are present where a company has otherwise disclosed, cooperated and remediated, prosecutors will be required to recommend a 50 percent reduction off the low end of the sentencing guidelines fine range.

In announcing the new policy, Rosenstein explained that the DOJ was seeking to "provide incentives for companies to engage in ethical corporate behavior" and that the DOJ expected the new policy "to reassure corporations that want to do the right thing."17 According to DOJ figures, during the 18 months of the pilot program, the DOJ received 30 voluntary disclosures — a two-thirds increase as compared with the prior 18 months.

It remains to be seen how exactly the DOJ will resolve cases under the new policy, especially in light of the considerable discretion still afforded to prosecutors in evaluating whether a company has met the requirements of "voluntary disclosure," "cooperation" and "remediation." And because of the requirement to disgorge ill-gotten profits, even companies who receive declinations will have to pay a penalty — which for public companies will mean having to contend with the SEC.

Nevertheless, the new policy offers greater certainty than the DOJ's enforcement program previously offered, which may result in a changed calculus for companies considering whether to disclose — potentially leading to even more self-reports.

4. Effective Anti-Bribery Compliance Programs Will Become Even More Important

In announcing the FCPA Corporate Enforcement Policy, Rosenstein placed corruption and financial crimes within the broader law enforcement context, explaining that robust compliance programs may actually free up law enforcement resources to focus on "different threats to the American people" by preventing corruption, and therefore the need for corruption enforcement.18 This statement of purpose tied together the DOJ's efforts since 2016 to emphasize the importance of corporate compliance. Going forward, compliance programs will grow in importance — and companies making significant efforts in this area are likely to keep seeing their efforts rewarded.

The DOJ's February 2017 "Evaluation of Corporate Compliance Program" questions provided a more sophisticated, challenging take on the fundamental tenets of corporate compliance that the DOJ had long been applying. The questions were welcomed by the compliance community as a more nuanced approach to evaluating compliance programs within the context of a specific company.

Compliance programs will also continue to be important for companies caught in FCPA enforcement actions, as an effective program may be the only way to avoid a monitor. In November, the DOJ's Dan Kahn stated that prosecutors would continue to impose corporate monitors on companies that do not have strong compliance programs.19

The continued sophistication of the DOJ in overseeing monitorships is apparent, where monitors will not simply come in and review a program arbitrarily. Instead, the DOJ is likely to continue to push monitors to be data driven by examining metrics to demonstrate the effectiveness of and improvements to a corporate wrongdoer's compliance processes.

As we enter 2018, it's clear there won't be DOJ declinations without effective compliance programs, and the the DOJ policy's expectations for effective compliance programs will influence best practices in this space.

5. DOJ Will Focus on Individual Liability — Executives Remain in the Crosshairs

Our final prediction for 2018 has been on everyone's radar since at least the 2015 Yates memo: The DOJ will continue to focus on individual FCPA prosecutions. While commentators have noted that the results don't always match the rhetoric,20 there have been significant individual prosecutions in recent years and the DOJ has indicated that this will remain a priority. Indeed, implicit in the leniency offered to corporations in the DOJ's FCPA Corporate Enforcement Policy is the notion that the DOJ will focus on its core mission of prosecuting "bad guys."

There were 19 convictions or guilty pleas involving FCPA violations in 2017 alone,21 apart from the 16 other individuals criminally charged with violating the FCPA or related crimes.22 These have included senior executives — such as the former CEO of SBM Offshore, whose guilty plea was also significant because he admitted to being willfully blind to bribes paid by his company.23

But it's not just Fortune 500 executives who will be held accountable for violating the law; the DOJ continues to prosecute violators who pay bribes even at smaller and privately held companies. 2017 saw further arrests and guilty pleas in connection with schemes to bribe officials in various countries for a variety of business benefits: businessmen in Texas who paid more than $2 million to bribe Mexican officials in exchange for aviation maintenance contracts;24 a total of 10 individuals who bribed officials at the Venezuelan state-owned oil company for contracts in a scheme that lasted from 2008 to 2012;25 and the arrest of two former top officials from Hong Kong and Senegal on corruption charges related to bribery allegations involving Chad and Uganda on behalf of a Chinese energy company.26 In addition, as demonstrated by the recent charges against retired U.S. Army colonel Joseph Baptiste for his alleged role in a conspiracy to bribe Haitian officials, the DOJ is employing more traditional law enforcement tools, including the use of undercovers and wiretaps, to go after individuals engaged in corruption.27

The DOJ has also shown a willingness to take FCPA cases to trial — winning convictions at three jury trials in 2017, involving bribes paid to officials in Guinea28, South Korea29, and at the United Nations.30

Conclusion

These are our best predictions for FCPA enforcement in 2018. We hope that if they are revisited 12 months from now, we'll at least have gotten some of it correct. If not, we hope we'll be given the same slack pollsters and political prognosticators were given after the 2016 presidential election.

Footnotes

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

1 Stanford Law School, DOJ and SEC Enforcement Actions, Foreign Corrupt Practices Act Clearinghouse, http://fcpa.stanford.edu/statistics-analytics.html.

2 Id.

3 Michael Skopets and Marc Bohn, A Summer Update on FCPA: Part 2, Law 360 (Aug. 15, 2017), https://www.law360.com/articles/953425/a-summer-update-on-fcpa-part-2.

4 Jon Hill, Walmart Puts Aside $283M For Potential FCPA Settlement, Law 360 (Nov. 16, 2017), https://www.law360.com/articles/985983/walmart-puts-aside-283m-for-potential-fcpa-settlement; Richard L. Cassin, Walmart Reserves $283 Million for FCPA Settlement, FCPA Blog (Nov. 16, 2017), http://www.fcpablog.com/blog/2017/11/16/walmart-reserves-283-million-for-fcpa-settlement.html

5 Press Release, U.S. Securities and Exchange Commission, Charles Cain Named Chief of Foreign Corrupt Practices Unit (Nov. 2, 2017), https://www.sec.gov/news/press-release/2017-206

6 Trevor N. McFadden, Acting Principal Deputy Assistant Attorney General, U.S. Department of Justice, Address at ACI's 19th Annual Conference on Foreign Corrupt Practices Act (Apr. 20, 2017), https://www.justice.gov/opa/speech/acting-principal-deputy-assistant-attorney-general-trevor-n-mcfadden-justice-department-s.

7 Press Release, U.S. Department of Justice, Rolls-Royce plc Agrees to Pay $170 Million Criminal Penalty to Resolve Foreign Corrupt Practices Act Case (Jan. 17, 2017), https://www.justice.gov/opa/pr/rolls-royce-plc-agrees-pay-170-million-criminal-penalty-resolve-foreign-corrupt-practices-act

8 Id.

9 William Gorta, Swedish Telecom Telia To Pay $1B In FCPA Settlement, Law 360 (Sept. 21, 2017), https://www.law360.com/articles/966541; Richard L. Cassin, Telia disgorges $457 million to SEC, agrees to $965 million in total penalties for FCPA offenses, FCPA Blog (Sept. 21, 2017), http://www.fcpablog.com/blog/2017/9/21/telia-disgorges-457-million-to-sec-agrees-to-965-million-in.html.

10 Nate Raymond, Ex-SBM executives plead guilty in U.S. to Petrobras bribe charges, Reuters (Nov. 9, 2017), https://www.reuters.com/article/us-sbm-offshore-corruption/ex-sbm-executives-plead-guilty-in-u-s-to-petrobras-bribe-charges-idUSKBN1D93C2.

11 Id.

12 Richard L. Cassin, SFO charges two in Unaoil probe, FCPA Blog (Nov. 16, 2017) http://www.fcpablog.com/blog/2017/11/16/sfo-charges-two-in-unaoil-probe.html; Press Release, Serious Fraud Office, Two charged in SFO's Unaoil investigation (Nov. 16, 2017), https://www.sfo.gov.uk/2017/11/16/two-charged-sfos-unaoil-investigation/.

13 India's Financial Crime Agency Files Charges Linked to Embraer Aircraft Deal, Global Investigations Review (Nov. 17, 2016), http://globalinvestigationsreview.com/short-cut/2016/november/17#1076345

14 CBI Contacts Switzerland and Singapore over Embraer Probe, Global Investigations Review (June 8, 2017), http://globalinvestigationsreview.com/short-cut/2017/june/08#1142708

15 Rod Rosenstein, Deputy Attorney General, U.S. Department of Justice, Remarks at 34th International Conference on the Foreign Corrupt Practices Act (Nov. 29, 2017), https://www.justice.gov/opa/speech/deputy-attorney-general-rosenstein-delivers-remarks-34th-international-conference-foreign.

16 Id.

17 Id.

18 Id.

19 Dylan Tokar, Dan Kahn: "We will continue to impose monitors," Global Investigations Review (Nov. 15, 2017), http://globalinvestigationsreview.com/article/jac/1150588/dan-kahn-%E2%80%98we-will-continue-to-impose-monitors%E2%80%99

20 See http://fcpaprofessor.com/focus-doj-individual-actions/

21 Rod Rosenstein, Deputy Attorney General, U.S. Department of Justice, Remarks at 34th International Conference on the Foreign Corrupt Practices Act (Nov. 29, 2017), https://www.justice.gov/opa/speech/deputy-attorney-general-rosenstein-delivers-remarks-34th-international-conference-foreign.

22 Stanford Law School, Corporate and Individual Defendants, Foreign Corrupt Practices Act Clearinghouse, http://fcpa.stanford.edu/statistics-analytics.html

23 Nate Raymond, Ex-SBM executives plead guilty in U.S. to Petrobras bribe charges, Reuters (Nov. 9, 2017), https://www.reuters.com/article/us-sbm-offshore-corruption/ex-sbm-executives-plead-guilty-in-u-s-to-petrobras-bribe-charges-idUSKBN1D93C2

24 Press Release, U.S. Department of Justice, Four Businessmen and Two Foreign Officials Plead Guilty in Connection with Bribes Paid to Mexican Aviation Officials (Dec. 27, 2016), https://www.justice.gov/opa/pr/four-businessmen-and-two-foreign-officials-plead-guilty-connection-bribes-paid-mexican

25 Press Release, U.S. Department of Justice, Florida Businessman Pleads Guilty to Foreign Bribery Charges in Connection With Venezuela Bribery Scheme (Oct. 11, 2017), https://www.justice.gov/opa/pr/florida-businessman-pleads-guilty-foreign-bribery-charges-connection-venezuela-bribery-scheme; Press Release, U.S. Department of Justice, Two Businessmen Plead Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery Schemes (Jan. 10, 2017), https://www.justice.gov/opa/pr/two-businessmen-plead-guilty-foreign-bribery-charges-connection-venezuela-bribery-schemes

26 Press Release, U.S. Attorney's Office for the Southern District of New York, Head of Organization Backed by Chinese Energy Conglomerate, and Former Foreign Minister of Senegal, Charged With Bribing High-Level African Officials (Nov. 20, 2017), https://www.justice.gov/usao-sdny/pr/head-organization-backed-chinese-energy-conglomerate-and-former-foreign-minister.

27 Press Release, U.S. Department of Justice, Retired U.S. Army Colonel Charged With Conspiring to Bribe Senior Officials of the Republic of Haiti (Aug. 29, 2017), https://www.justice.gov/opa/pr/retired-us-army-colonel-charged-conspiring-bribe-senior-officials-republic-haiti.

28 Press Release, U.S. Department of Justice, Former Guinean Minister of Mines Convicted of Receiving and Laundering $8.5 Million in Bribes from China International Fund and China Sonangol (May 4, 2017), https://www.justice.gov/opa/pr/former-guinean-minister-mines-convicted-receiving-and-laundering-85-million-bribes-china

29 Press Release, U.S. Department of Justice, Director of South Korea's Earthquake Research Center Convicted of Money Laundering in Million Dollar Bribe Scheme (July 18, 2017), https://www.justice.gov/opa/pr/director-south-koreas-earthquake-research-center-convicted-money-laundering-million-dollar

30 Press Release, U.S. Department of Justice, Chairman of a Macau Real Estate Development Company Convicted on All Counts for Role in Scheme to Bribe United Nations Ambassadors to Build a Multi-Billion Dollar Conference Center (July 28, 2017), https://www.justice.gov/opa/pr/chairman-macau-real-estate-development-company-convicted-all-counts-role-scheme-bribe-united

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions