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Due Diligence and International Cooperation in Brazil’s Anti-Corruption Efforts

Q8: Are Companies Required to Perform Due Diligence on Third Parties?

Yes, companies in Brazil are required to perform due diligence on third parties, agents, or intermediaries as part of their efforts to prevent bribery and corruption. This requirement is outlined in the Brazilian Clean Companies Act (Lei Anticorrupção) and is an essential component of anti-corruption compliance programs.

What Does Due Diligence Involve?

Risk assessment
Background checks
Reference checks
Compliance with anti-corruption laws
Anti-corruption clauses in contracts
Ongoing monitoring

Documenting Due Diligence Efforts and Employee Training

Companies should also document all due diligence efforts, including the results of background checks and risk assessments. Furthermore, employees involved in interactions with third parties should be trained on the company’s anti-corruption policies.

Q9: How is International Cooperation Approached in Anti-Bribery and Corruption Matters?

Brazil actively engages in international cooperation on anti-bribery and corruption matters and is a party to several notable treaties and agreements aimed at combating corruption on a global scale.

Notable Treaties and Agreements

United Nations Convention against Corruption (UNCAC)
Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention
Mutual Legal Assistance Treaties (MLATs)
Extradition Treaties
Inter-American Convention against Corruption

International Cooperation with Anti-Corruption Bodies

Brazil also cooperates with international organizations such as the United Nations Office on Drugs and Crime (UNODC), INTERPOL, and other anti-corruption bodies to promote cooperation and exchange information in combating corruption.