Objectives

​This training session will enable participants to gain an overview of the theoretical and practical issues at play in the fight against corruption and at the same time will enable them to update their knowledge.

Content

Introduction: a universal notion which is well-known and sanctioned by the majority of States subject to the common law and Romano-Germanic legal systems.

Fight against corruption on an international level:

- United Nations (31 October 2003) - international convention making reference to:

  - The provisions of the convention

  - Universal character

  - Signature and ratification enjoying widespread support

- Other essential international legislation:

  - Criminal Law Convention on Corruption (27 January 1999) and Additional Protocol (15 May 2003)

  - OECD Convention

  - European Union convention on the fight against corruption based on the provisions of the Treaty on European Union

  - Agreement conferring the status of international organisation to the International Anti-Corruption Academy (2 September 2010)

Fight against corruption in Luxembourg:

- Applicable legislation and regulations: policy of repression

  - Laws of 15 January 2001 and 13 February 2011

    Constitutive elements

    Active/passive corruption

    Persons/entities implicated

  - CSSF Regulation 12/02; CSSF Circulars 12/546 and 12/552:

    Fight against money laundering

    Internal organisation (and mechanisms to protect against conflicts of interest)

 - Sanctions derived from this legislation and regulations against corruption:

  Examples from case law

  Examples of sanctions delivered by regulators

  - Continual evaluation of the applicable legislation and regulations:

    Objectives of this evaluation

    Bodies undertaking this evaluation: Transparency International (annual indexation), GRECO and OECD (periodical reports)

    Public information: impact of this evaluation and lobbying action

- Implementation of procedures and codes of conduct: policy of prevention

  - Ethical codes:

    General provisions applicable to all members of staff of a particular entity

    Specific provisions in respect of conflicts of interest which could generate corruption

  - Satisfactory internal organisation:

    Internal control mechanism

  - Generalisation of certain practices:

    Policy with regard to gifts

    Policy with regards to purchases

    Handling of records of expenses or immaterial elements

Conclusion: Possible evolution of the offence of corruption

Speakers

Our speakers come from all over our specialised and complementary teams, covering all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.

Target Group

​Professionals in charge of front office, administration, legal and compliance functions or other professionals in charge of anti-corruption matters.

Duration

​4 hours.

Languages

English; Français

For any information, please contact us by e-mail institute@arendt.com

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