For many investors and organizations operating in complex emerging markets, issues of corruption and compliance with international anti-corruption regulations often becomes a pressing concern. Amsterdam & Partners has represented clients in a number of anti-corruption cases, ranging from individual whistleblowers to large corporations and governments. In our experience, these matters are rarely straightforward, and often imply a challenging intersection of regulatory authorities, law enforcement, foreign policy, and diplomacy, creating a complex web of bureaucracy.
With decades of experience in Africa, Latin America, Southeast Asia, and the states of the former Soviet Union, our firm approaches anti-corruption issues with both knowledge and passion.
The anti-corruption unit of Amsterdam & Partners LLP works with clients to integrate with existing teams to assist with, among other matters, the successful conclusion of resource and infrastructure deals as cleanly and as cost effectively as possible, while managing operational, compliance, and all local engagement issues with an eye towards prevention and risk management.
Our anti-corruption counsel generally fall within four areas:
1. ADVISING. We have extensive experience and contacts in crucial emerging markets that are of interest to the extractive industries. We know these countries well and the people that run them. We can advise on the unique risks that each state poses for new enterprises and we are well positioned to counsel on actions to take to avoid approaches for any unorthodox practices.
2. CLOSING DEALS. Resource or infrastructure deals in many developing nations are often based on developing strong and trustworthy relationships with local entities. While this is a great basis to explore business opportunities, it is often an insufficient basis to conclude a complex deal requiring approval from multiple state bodies, parties, and communities. Amsterdam & Partners LLP has helped numerous investors on crafting company structure and managing engagements across complex parties, ministries, divisions, and community leaders to end at successful deals.
3. INVESTMENT PROTECTION AND LITIGATION. Doing business in these parts of the world often means litigating to protect shareholder interests. Our involvement in these matters puts competitors and opponents on notice that we will make available a broad range of responses to halt unlawful activity and secure our clients’ positions. Our standard procedure is to advise all competitors and co-tenderers that we have been appointed and that we are actively alert to irregular practices. We will investigate suspicious behaviors and we will litigate aggressively against any unorthodox deals that cause economic loss to our clients.
4. DEFENDING. A strong trend over the past decade has been the use of anti-corruption laws as political weapons, if not instruments of theft by competitors. Misused anti-corruption laws have become the favored means to depose political opponents and to effectively expropriate properties in many jurisdictions. Amsterdam & Partners LLP has very deep experience in these matters, and understands how to frame the public narrative and mobilize numerous resources to halt aggression from such opponents in their tracks.