greater than a number of thresholds. It also restricts the use of cash in certain transactions associated with high-value assets, and establishes better mechanisms for coordination between the Ministry of Finance and the police and enforcement agencies responsible for coordinating the prevention, investigation and prosecution of crimes. In 2012, a new Federal Anti-Corruption in Public Procurement Law was passed and entered into force, which extends related statutes of limitation to 10 years, starting from the time the offence was committed, and also establishes responsibilities and sanctions for individuals and corporations for violations of this law committed during the public procurement process.
Recommendations for Priority Actions Ensure that the legislation to be drafted for a new anti-corruption agency regulates and improves the coordination of the agency with the Attorney General’s Office, the Finance Ministry, the legislative and judicial branches, as well as with local governments. Though Article 222bis of the Federal Criminal Code establishes criminal sanctions for companies in bribery foreign official, clarify the extent to which the corporations can incur in criminal liability. Increase political will for fighting foreign bribery and send a clear sign of commitment and capacity for countering corruption.
THE NETHERLANDS: LITTLE OR NO ENFORCEMENT.
Share of World Exports: 3.38 per cent
Foreign Bribery Cases and Investigations In 2012, one major case was concluded with sanctions and three investigations commenced. According to official reports since 2009, three investigations opened in 2010 and another three opened in 2011. In December 2012, the Dutch construction giant Ballast Nedam agreed to a settlement of €17.5 million (US$22.5 million)305 with the Dutch Public Prosecution Service.306 This settlement concludes the investigation which the Dutch Fiscal Intelligence and Investigation Service opened in 2011 after an internal investigation at Ballast Nedam discovered that their subsidiaries had made suspicious payments between 1996 and 2003.307 The company alerted the Dutch authorities to the transactions which were allegedly paid to foreign officials in the Middle East and Saudi Arabia.308 According to media reports, in January 2013 an investigation re-opened in Argentina and Uruguay probing allegations that Sergio Cetera, a manager at the Dutch dredging company Royal Boskalis Westminster, bribed Uruguayan official, Francisco Bustillo.309 The former Argentine deputy minister Roberto Garcia Moritan allegedly acted as an intermediary in this transaction.310 This bribe was allegedly paid to help secure a dredging contract in the Martin García Canal for Riovia, a subsidiary of Boskalis.311
305 The company agreed to pay €5 million (US$6.4 million) and waive a pending tax claim against the Dutch authorities worth €12.5 million (US$16 million) See Dutch Public Prosecution Office, Press Release of 21 December 2012, www.om.nl/actueel/nieuws-persberichten/@160067/transactie-ballast/. 306 Association of Corporate Counsel, Lexology, 11 February 2013, “Public prosecutors reach settlement with Ballast Nedam”, www.lexology.com/library/detail.aspx?g=4947f6fe-adc2-4200-b8e9-9d068df653f6. 307 Dutch Public Prosecution Office, Press Release of 21 December 2012, www.om.nl/actueel/nieuwspersberichten/@160067/transactie-ballast/. 308 Law 360, 21 December 2012, “Ballast Nedam reaches 17.5 million deal over bribery allegations”, www.law360.com/articles/403661/ballast-nedam-reaches-17-5m-deal-over-bribery-allegations. 309 Siglo21, 10 August 2012, “Cancillería uruguaya denuncia soborno en CARP”, www.s21.com.gt/internacionales/2012/08/10/cancilleria-uruguaya-denuncia-soborno-carp; The FCPA blog, “Global Contagion Report”, 22 February 2013 www.fcpablog.com/blog/2013/2/22/global-contagion-report-boskalis.html; La Nacion, 19 February 2013, “Duro cruce de acusaciones entre Timerman y García Moritán”, www.lanacion.com.ar/1555978-duro-cruce-de-acusaciones-entre-timerman-y-garcia-moritan. 310 Ibid. 311 Ibid.
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