,

,
Darren AbdulRahim Stevenson

July 2013

darrenabdulrahim@gmail.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe-Brussels LLP both limited liability partnerships
established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer
Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown
logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

Chiboub-Essebsi-Anadarko Gate -

The Current Enforcement Picture

!!!

14 2011
50

-

*

,,
3

The Current Enforcement Picture

DGE ETAP -

= DGE ETAP NCA

4



( ) --
-

Chiboub-Essebsi-Anadarko Gate

2.7
NOVELAIR

BEKS

% 36
( 80 ) 95


=7.5 BILLION TND
X 36 % = 2.7 B TND --GoT should own 23%
621 million TND

: 3
ETAP

DGE

TUNISIAN CORRUPT PRACTICES CODE
7

TRENDS IN
GLOBAL ANTICORRUPTION
ENFORCEMENT

FCPA Enforcement at a Glance Prison Sentences

David Kay, Vice President
American Rice, Inc. (2002)

37 months

John Warwick, President

Ports Engineering
Consultants Corporation (2009)

37 months

Robert Antoine, Director

Haiti Telco (2010)

48 months

Juan Diaz, Owner

Third party consultant
to Haiti Telco (2010)

57 months

Douglas Murphy, President

American Rice, Inc. (2002)

63 months

Albert Jack Stanley, CEO

and Chairman, KBR (2009)

84 months

Charles Paul Edward Jumet,

President, Ports Engineering
Consultants Corporation (2009)

87 months
0

10

20

30

40

50

60

70

80

90

100

FCPA Criminal Penalties

Criminal Penalties for companies:

$2 million fine for an anti-bribery violation
$25 million fine for a books and records violation

Criminal Penalties for individuals:

5 years in jail with a maximum $250,000 fine for
an anti-bribery violation
up to 20 years in jail with a maximum $5 million
fine for a books and records violation

Under a federal alternative fine provision,

companies and individuals may be fined up to
TWICE the benefit sought or received.
10

FCPA Criminal Penalties

Criminal Penalties for companies:

$2 million fine for an anti-bribery violation
$25 million fine for a books and records violation

Criminal Penalties for individuals:

5 years in jail with a maximum $250,000 fine for
an anti-bribery violation
up to 20 years in jail with a maximum $5 million
fine for a books and records violation

Under a federal alternative fine provision,

companies and individuals may be fined up to
TWICE the benefit sought or received.
11

FCPA Civil Penalties

SEC and DOJ can impose a $10,000 fine

per violation upon individuals and companies
SEC may also impose further civil penalties ranging
between $7,500 to $150,000 upon individuals and
$75,000 to $725,000 upon companies
Alternatively, the SEC may impose a civil penalty equal to
the gross pecuniary gain to an individual or company and
equitable relief, such as disgorgement of profits.

12

FCPA Elements What is Prohibited?

A covered entity may not pay, promise to

pay or authorize the payment of money
or anything of value.
This covers direct bribery or kickback payment but also
includes, gifts, travel, meals or other lavish entertainment.

With a corrupt intent to obtain or retain business or

to secure a business advantage including:

Government contracts
Government-issued operating permits and licenses
avoiding or reducing inspection reports and certifications
tax refunds and reductions
customs clearance
health inspections
beneficial changes to laws and
13 regulations