Published by Latin Lawyer and LACCA, edited by Andrew M Levine, a litigation partner at Debevoise & Plimpton LLP, with associate editors Reynaldo Manzanarez Radilla, a corporate attorney and compliance professional, Valeria Plastino, vice president, general counsel and regional compliance offi cer at Lumen Technologies, and Fabio Selhorst, senior vice president of corporate affairs at Hapvida, The Guide to Corporate Compliance is designed to assist key corporate decision-makers and their advisers in the effective handling of their compliance obligations in Latin America.
This guide delivers specialist insight to our readers – general counsel, compliance offi cers, government agencies and private practitioners – who must navigate the region’s complex, fastchanging framework of rules and regulations.
In preparing this guide, we have been working with practitioners from a variety of disciplines and geographies, who have contributed a wealth of knowledge and experience. We are grateful for their cooperation and insight.
Introduction
Andrew M Levine
Part 1: Setting the Scene
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The Evolution of Compliance: How Did We Get Here?
Peter Spivack and Isabel Costa Carvalho
Hogan Lovells
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Latin America’s Compliance Climate Today
Jocelyn E Strauber and Mayra Suárez
Skadden, Arps, Slate, Meagher & Flom LLP
Part 2: Building an Effective Compliance Programme
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The Profile of a Successful Compliance Department
Reynaldo Manzanarez Radilla
Incode Technologies Inc
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Developing a Robust Compliance Programme in Latin America
Brendan P Cullen and Anthony J Lewis
Sullivan & Cromwell LLP
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The Board’s Role in Compliance
Andrew Jánszky
Andrew Jánszky
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Best Practices for Conducting Compliance Risk Assessments
Daniel S Kahn, Tatiana R Martins and Jordan Leigh Smith
Davis Polk & Wardwell LLP
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Building Effective Internal Communication Channels and
Adapting Employee Compliance Training
María González Calvet, Krystal Vazquez and Baldemar Gonzalez
Ropes & Gray
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Third-Party Due Diligence: Expanding a Compliance Programme to Suppliers and Clients
Palmina M Fava, Zachary Terwilliger and Natalie Cardenas
Von Wobeser y Sierra, SC
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How to Conduct Internal Investigations of Alleged Wrongdoing
Adrián Magallanes Pérez and Diego Sierra Laris
Von Wobeser y Sierra, SC
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Embracing Technology
Matt Galvin Jaime Muñoz and Dheeraj Thimmaiah
Anheuser-Busch InBev
Part 3: Compliance as a Business Advantage
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Selling Integrity
Maria Ximena Garcia Roche and Jussara Rocha Tibério
Camargo Corrêa Infra
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Assessing and Mitigating Compliance Risks in the Transactional Context
Andrew M Levine and Erich O Grosz
Debevoise & Plimpton LLP
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The Advantages of a Robust Compliance Programme in the Event of an External Investigation
Shin Jae Kim, Renata Muzzi Gomes de Almeida, Giovanni Paolo Falcetta, Karla Lini Maeji, Fabio Rawet Heilberg, Brunna Padovan Ortega de Almeida and Laís Neme Cury Augusto Rezende
TozziniFreire Advogados
Part 4: Legislative and Regulatory Pressure Points
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Anti-Money Laundering and Counter-Terrorist Financing in Latin America
Rafael Collado González, Lucía Álvarez Galvez, Josefa Zamorano Quiroga
and Camilo León Millones
FerradaNehme
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Navigating Competition Rules
Lorena Pavic, José Pardo, Benjamín Torres and Raimundo Gálvez
Carey y Cía
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Demonstrating Compliance with Data Privacy Legislation
Devika Kornbacher, Palmina M Fava, Gabriel Silva and Chris James
Vinson & Elkins LLP
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Reducing Cyber and Data Risk through Incident Readiness and a Culture of Compliance
Antonio Gesteira, Jordan Rae Kelly and Adriana Prado
FTI Consulting
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Understanding and Mitigating US Sanctions Risks in Latin America
Ryan Fayhee, Diego Durán de la Vega, Tyler Grove and Anna Hamati
Hughes Hubbard & Reed LLP
Part 5: Staying Compliant in Higher-Risk Industries
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Working with the Public Sector: How to Say ‘No’ to Bribery
Anna Carolina Malta Spilborghs and José Guilherme Berman
Barbosa Müssnich Aragão
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Risk Management in the Financial Services Industry in Argentina and the Changes Being Adopted
Maximiliano D’Auro and Gustavo Papeschi
Beccar Varela
Part 6: Trends to Watch
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The Creep of Legislation Targeting Private Corruption
Ben O’Neil and Elissa N Baur
McGuireWoods LLP
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External Compliance Monitorships
Erica Sellin Sarubbi and Tomás Fezas Vital Mesquita
Maeda, Ayres & Sarubbi Advogados
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Compliance as a Foundation for ESG Oversight
Juliana Gomes Ramalho Monteiro, Thiago Jabor Pinheiro and Marcel Alberge Ribas
Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados
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ESG in Latin America and the Rise of the Social Pillar
Ruti Smithline, Hayley Ichilcik, James M Koukios, Stephanie Pong and Lauren Navarro
Morrison & Foerster LLP
Andrew M Levine, Debevoise & Plimpton LLP
Andrew Levine is a litigation partner at Debevoise & Plimpton LLP and focuses his practice on white-collar and regulatory defence, internal investigations and a broad range of complex commercial litigation. He regularly defends companies and individuals in criminal, civil and regulatory enforcement matters and has conducted countless investigations in Latin America and throughout the world. Chambers Global recognises Mr Levine as a leading lawyer in corporate crime and investigations in Latin America, where clients have described him as ‘a reassuring presence in tumultuous times’ with ‘a very business-oriented way of finding and presenting solutions’. Latin Lawyer notes Mr Levine’s ‘substantial work in Latin America’, recognising him as one of the top lawyers active on anti-corruption matters in the region. In 2014, Mr Levine was named in Global Investigations Review’s inaugural ‘40 Under 40’ list of the world’s leading investigations lawyers.
Before joining Debevoise, Mr Levine served as deputy counsel to the Independent Inquiry Committee into the United Nations Oil-for-Food Programme. He received his JD from Yale Law School and graduated with BA summa cum laude and Phi Beta Kappa from Yale College.