Baker & McKenzie s Global Public Procurement Handbook 2012 Edition. With UNCITRAL s Model Law on Public Procurement with Commentary

Size: px
Start display at page:

Download "Baker & McKenzie s Global Public Procurement Handbook 2012 Edition. With UNCITRAL s Model Law on Public Procurement with Commentary"

Transcription

1 Baker & McKenzie s Global Public Procurement Handbook 2012 Edition With UNCITRAL s Model Law on Public Procurement with Commentary

2

3 Baker & McKenzie s Global Public Procurement Handbook

4 2012 Baker & McKenzie All rights reserved. This publication is copyrighted. Apart from any fair dealing for the purposes of private study or research permitted under applicable copyright legislation, no part may be reproduced or transmitted by any process or means without the prior permission of the editors. The material in this guide is of the nature of general comment only. It is not offered as legal advice on any specific issue or matter and should not be taken as such. Readers should refrain from acting on the basis of any discussion contained in this publication without obtaining specific legal advice on the particular facts and circumstances at issue. While the authors have made every effort to provide accurate and up to date information on laws and regulations, these matters are continuously subject to change. Furthermore, the application of these laws depends on the particular facts and circumstances of each situation, and therefore readers should consult their attorney before taking any action. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a partner means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an office means an office of any such law firm. This may qualify as Attorney Advertising requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

5 Baker & McKenzie's Global Public Procurement Handbook Editors Note Baker & McKenzie is pleased to provide you with this complimentary inaugural 2012 Edition of our Global Public Procurement Handbook. While we have been working with our clients in public procurement for many years both private companies and public agencies the release of the Handbook is timely as it reflects the growing complexity of the laws and practices in most jurisdictions around the world. The basis of public procurement includes law, business, public policy and trade regulation. Because the area is grounded in so many disciplines, those who are involved in public procurement often start from different perspectives, and just as often tend to have widely differing views about ways to resolve issues. It is an area where those with a broad range of competencies stand a better chance of unraveling the complexities and achieving concrete results. Whether it is a U.S. products company looking to sell its technology to a public agency in China, a German engineering company proposing to build a bridge in neighboring France, a Singaporean telecommunications provider bidding on the provision of services to the U.S. Navy in Asia, or a public hospital in Canada planning to outsource most of its medical equipment to a private company through all of these cases and many others, we know by the evolving mix of inquiries received from our clients in recent years that the challenges in public procurement have grown exponentially. There are now more laws and regulations, which have increasingly become the subject of more stringent enforcement and oversight, whether directly by the courts or indirectly through state auditors. Bid protest mechanisms that provide expedited redress to disappointed bidders have also proliferated, as has the number of protests. The stakes are often high in public procurement. For the public sector, the procurement legal framework typically represents the means by which public agencies carry out their institutional mandate (their raison d être). For the private sector, public procurement is a path to the sale of goods, construction and services to what are often the biggest and most important clients in most jurisdictions around the world (i.e., in fiscal 2010, federal procurement spending in the United States topped US$535 billion). Because public procurement involves the acquisition by a public agency of goods and/or services or construction, it is by its nature transactional. Yet, to Baker & McKenzie i

6 prevent fraud, waste, corruption or local protectionism, the field has become heavily regulated. For instance, many of the concerns of global corporate executives in respect of enforcement under the U.S. Foreign Corrupt Practices Act ( FCPA ) relate directly to public agencies procurement activities. In fact, the United Nations Convention Against Corruption, which came into force in 2005, treats corruption as an integral part of procurement regulation and not as a separate regulatory area. We know from our clients that a conscientious approach to procurement whether on the public or private side often calls for a review of proposed practices to ensure full compliance with a fast-evolving regulatory framework. We are pleased to include in this edition of the Handbook the Model Law on Public Procurement revised by the United Nations Commission on International Trade Law ( UNCITRAL ) in 2011, preceded by a Commentary from a lawyer who was deeply engaged in the efforts to modernize the Model Law. The Model Law is a template available to national governments around the world seeking to introduce or to reform their existing internal public procurement legislation. It reflects new procurement practices, particularly as it relates to electronic procurement ( eprocurement ) and related aspects of electronic commerce. Because our objective in issuing the Handbook is to promote the development of best legal and business practices in public procurement, we welcome this collaboration with UNCITRAL, and commend the organization on its significant efforts to modernize the Model Law. This will help to realize the many benefits flowing from transparent and robust international public procurement practices. Baker & McKenzie s Global Public Procurement Team works with private and public organizations, and provides counseling, transactional, compliance and litigation support. Whether you are a public agency proposing to issue an RFP for a large project, or a private company selling internationally, we can help. To learn more about how we may be able to assist you and your organization, please reach out to any member of our Global Public Procurement Editorial Team (listed below) or Global Public Procurement Team in your jurisdiction. Denis Chamberland and Theo Ling Lead Editors ii Baker & McKenzie

7 Baker & McKenzie's Global Public Procurement Handbook Editorial Team Anne-Marie Allgrove (Sydney) Tel: Arnaud Cabanes (Paris) Tel: Denis Chamberland (Toronto) Tel: Marc Gabriel (Berlin) Tel: +49 (0) Barbara Li (Beijing) Tel: Theo Ling (Toronto) Tel: John P. Rowley III (Washington, DC) Tel: Heloisa Uelze (Sao Paulo) Tel: Baker & McKenzie iii

8 Contributing Lawyers Argentina Guillermo Cervio Buenos Aires Tel: Luis Dates Buenos Aires Tel: Belgium Daniel Fesler Brussels Tel: Gregory Lebrun Brussels Tel: Esteban Ropolo Buenos Aires Tel: Australia Anne-Marie Allgrove Sydney Tel: Brazil Maria Cristina Machado Cortez Sao Paulo Tel.: Heloisa Uelze Sao Paulo Tel: Patrick Fair Sydney Tel: Anne Petterd Sydney Tel: Robert Walker Melbourne Tel: Canada Denis Chamberland Toronto Tel: Lisa Douglas Toronto Tel: Theo Ling Toronto Tel: iv Baker & McKenzie

9 Baker & McKenzie's Global Public Procurement Handbook Craig Logie Toronto Tel: China (PRC) Nancy Leigh Hong Kong Tel: Barbara Li Beijing Tel: Howard Wu Shanghai Tel: Colombia Daniel Bayona Bogotá Tel: Carolina Pardo Cuellar Bogotá Tel: Ricardo Trejos Bogotá Tel: Czech Republic Petra Ledvinkova Prague Tel: Katerina Schenkova Prague Tel: European Union Nina Niejahr Brussels Tel: Quentin Azau Brussels Tel: France Arnaud Cabanes Paris Tel : Alexia Robbes Paris Tel: Germany Marc Gabriel Berlin Tel: +49 (0) Matthias Scholz Frankfurt Tel: +49 (0) Katharina Weiner Berlin Tel: +49 (0) Baker & McKenzie v

10 Hungary József Antal Budapest Tel: Anna Ménes Budapest Tel: India Amit Kapur New Delhi Tel: S. P. Purwar Gurgaon Tel: Fabio Svizzero Milan Tel: Malaysia Kong Si Ying Kuala Lumpur Tel: Sonia Ong Kuala Lumpur Tel: Adeline Wong Kuala Lumpur Tel: Vishnu Sudarsan Gurgaon Tel: Italy Pierfrancesco Federici Milan Tel: Mexico Jorge Guadarrama-Yañez Mexico City Tel: Carlos Maass-Porras Juarez Tel: Lorenzo de Martinis Milan Tel: Gherri Magaraggia Milan Tel: Gabriela Marroquin-Garcia Juarez Tel: Sergio Legorreta-Gonzalez Mexico City Tel: vi Baker & McKenzie

11 Baker & McKenzie's Global Public Procurement Handbook Jorge L. Ruiz Juarez Tel: Benjamin Torres-Barron Juarez Tel: Netherlands Robert Boekhorst Amsterdam Tel: +31 (0) Maarten Goudsmit Amsterdam Tel: +31 (0) Kevin van t Klooster Amsterdam Tel: +31 (0) Poland Wojciech Pfadt Warsaw Tel: Singapore Ken Chia Singapore Tel: See Khiang Koh Singapore Tel: Spain Pep Brugera Barcelona Tel: Laia Colome Barcelona Tel: Elisabet Cots Barcelona Tel: Xavier Junquera Barcelona Tel: Sweden Morvarid Dorkhan Nilsson Stockholm Tel: +46 (0) Tobias Nilsson Stockholm Tel: +46 (0) Magnus Stålmarker Stockholm Tel: +46 (0) Filip Skoglund Stockholm Tel: +46 (0) Baker & McKenzie vii

12 Taiwan H. Henry Chang Taipei Tel: Melanie Ho Taipei Tel: Eason Su Taipei Tel: Thailand Yuthana Sivaraks Bangkok Tel: +66 (0) United Kingdom Ross Denton London Tel: Yindi Gesinde London Tel: Richard Pike London Tel: United States John P. Rowley III Washington, DC Tel: Denis Chamberland Toronto/Washington, DC Tel: Jennifer Ancona Semko Washington, DC Tel: Theo Ling Toronto Tel: Jacqueline Wilkosz Chicago Tel: Vietnam Fred Burke Ho Chi Minh Tel: Chi Lieu Dang Hanoi Tel: Dinh Quan Nguyen Ho Chi Minh Tel: Yee Chung Seck Ho Chi Minh Tel: viii Baker & McKenzie

13 Baker & McKenzie's Global Public Procurement Handbook Table of Contents Editors Note... i Contributing Lawyers... iv Asia Pacific...1 Australia...3 China...15 India...23 Malaysia...44 Singapore...50 Taiwan...61 Thailand...70 Vietnam...75 Europe...85 Belgium...91 Czech Republic European Union France Germany Hungary Italy Netherlands Poland Spain Sweden United Kingdom Latin America Argentina Brazil Colombia Mexico North America Baker & McKenzie ix

14 Canada United States United Nations Commission on International Trade Law (UNCITRAL) Commentary UNCITRAL Model Law on Public Procurement Baker & McKenzie Offices Worldwide x Baker & McKenzie

15 Asia Pacific

16

17 Baker & McKenzie's Global Public Procurement Handbook Asia Pacific Asia Pacific As a general rule, in the Asia-Pacific region (particularly in the countries surveyed, namely Australia, China, India, Malaysia, Singapore, Taiwan, Thailand and Vietnam), there exist local frameworks which regulate government procurements. Such frameworks have been established under procurement specific legislation or government-issued regulations, circulars or policies and vary in terms of the level of detail and transparency. In considering the regulatory frameworks in place across the Asia-Pacific region, a number of similarities, differences and trends may be observed. Similarities The frameworks regulating government procurement are generally built upon similar principles of fairness, transparency, accountability, equitable treatment, efficiency, value and open competition. A range of procurement models are available in each country, varying from competitive to sole/direct source models. An open competitive bidding process is not required for government procurements in certain circumstances, such as where the value of a given tender does not meet a specified threshold. Prospective bidders may be excluded from competition in a tender for various reasons, including where such a bidder fails to meet tender criteria or has been previously blacklisted. Rules apply to the nature and/or presentation of criteria/specifications for tenders. Rules against anti-avoidance, bid rigging or other anti-competitive conduct impact upon the procurement processes. Successful bids are generally based on evaluations of both price and compliance with bid criteria. Differences Notwithstanding that there is a basic underlying principle of equitable treatment in Malaysia, this principle is affected in part by the Bumiputera affirmative action policy whereby certain government procurement contracts are only available to Bumiputeras. Baker & McKenzie 1

18 In India and Australia, defence procurement is not treated differently from other types of procurement but additional policies or rules may apply. In Taiwan and China, military or defence procurement is treated differently from other types of procurement and in Singapore, procurements by the Ministry of Defence of certain goods will be treated differently. In Vietnam, government procurement laws do not distinguish in their application between public agencies and private organisations. In Taiwan, certain private entities may be covered (where they are the beneficiaries of government grants, subject to specified thresholds being met). In Thailand, procurement specific laws prohibit bidders from joining to submit a bid. In other countries, aside from general competition laws, there are no procurement-specific laws that expressly impose an outright prohibition on joint bids. Although in a number of jurisdictions, agencies may issue specific requirements or there may be standard contracts for technology procurements, only China has specific laws that apply to government procurement of technology goods or services. Trends Online bidding or procurement processes are increasingly being used or trialled in countries such as Malaysia, Singapore, Thailand and Vietnam. A number of countries in the region are shifting toward frameworks that encourage flexibility in procurement processes and competition. There is also a movement towards more effective regulation of procurements, procurements of green or eco-friendly products, and greater vigilance and enforcement in respect of compliance with procurement laws. There is a growing recognition of the role of international trade agreements and/or their impact on local procurement laws in countries such as China, India, Singapore and Vietnam. 2 Baker & McKenzie

19 Baker & McKenzie's Global Public Procurement Handbook Australia Australia 1. The Laws a. What is the applicable legislation? Government procurement activity in Australia is regulated at federal, state/territory and local government levels. At the federal level, the Financial Management and Accountability Act 1997 (Cth) establishes a framework and general principles for the proper expenditure of public monies by government departments and agencies. Requirements for procurement are primarily contained in the Commonwealth Procurement Guidelines ( CPGs ) issued under regulations to the Act. Government procurement is also subject to other policies and directions. Many of these are captured in Finance Circulars issued by the Department of Finance and Deregulation. Finance Circulars address some contract positions (e.g., on indemnities). Unlike some jurisdictions, contract terms for Australian government procurement are not contained in regulations. At the state/territory and local levels, there is also legislation regulating the proper expenditure of public monies. As an overall comment, regulation of government procurement activities at these levels tends to be more prescriptive than at the federal level. At a state/territory level, legislative instruments typically require, subject to limited exceptions, that a competitive procurement process be conducted for government supplies. Legislation in most states/territories create a central procurement body to set procurement policy and conduct most procurement. The procurement policies address similar matters to the federal CPGs. Most states/territories also issue Treasurer s Instructions (or equivalent) which address similar issues to the federal Finance Circulars. Discrete pieces of legislation or government policy in each jurisdiction also address other procurement issues such as public disclosure of contract details. Legislation regulating local government procurement tends to require, with limited exceptions, a tender to be conducted for supplies to local government. Note, this chapter does not cover generally applicable legislation such as legislation dealing with freedom of information or foreign corrupt practices which apply to contracts entered into by government entities. Baker & McKenzie 3

20 b. Does the legislation relate to or interact with any applicable trade agreement, such as the European Union procurement rules or the procurement requirements of the North American Free Trade Agreement ( NAFTA )? Bilateral trade agreements have impacted Australia s procurement rules and requirements. The most recent bilateral trade agreement to impact Australian government procurement was the Australia-United States Free Trade Agreement ( AUSFTA ). It came into force on 1 January The core goals of Chapter 15 of the AUSFTA (which deals with government procurement) are to eliminate preferential treatment and provide transparency in the tendering process. These goals have been incorporated into procurement frameworks across all Australian governments. For example, the CPGs ensure that competition is encouraged in procurement processes by prohibiting discrimination which would otherwise favour local suppliers and codify the requirement for transparency of process in procurement activities. Note that Australia is an observer, but not a member, of the World Trade Organisation Agreement on Government Procurement. c. What are the basic underlying principles of the legal framework (such as value for money, transparency and equal treatment)? The central principle of government procurement in Australia at all levels is value for money. Other procurement principles deal with encouraging competitive markets, adhering to non-discriminatory purchasing practices, accountability for purchasing decisions, and using efficient, effective, ethical and transparent procurement processes. These principles are reflected in broadly the same manner in the CPGs and state and territory procurement guidelines. Outside of the legislative framework, the courts have found governments to be subject to an implied term to conduct tenders fairly and in good faith. However, such an obligation is not automatically implied into each government tender, but depends upon the facts of each case. 4 Baker & McKenzie

21 Baker & McKenzie's Global Public Procurement Handbook Australia d. Is aerospace and defence procurement treated differently from other types of procurement? Defence procurement is undertaken by the federal government and is subject to the same legislative regime as other federal government procurement. However, due to the size of defence procurement spending and the specialised nature of defence procurement, the Department of Defence, through the Defence Materiel Organisation, has a number of complex additional defence-specific procurement rules. These are primarily contained in the Defence Procurement Policy Manual which is updated regularly. Defence also issues its own specialised contract terms. The contract terms include terms dealing with controlled technology provided by other countries (e.g., the United States). Australia is in the process of enacting legislation to implement the Australia- United States Treaty on Defence Trade Cooperation. This will result in some changes to aerospace and defence procurement requirements. 2. Application of the Statutory Procurement Laws a. Which public agencies are covered by the laws? At the federal and state/territory level, there are typically two types of government agencies for procurement purposes: departments and agencies which do not have a separate legal identity to the Crown (complying with the procurement laws and policies in most cases is mandatory for these bodies); and other government created bodies that have a separate legal identity to the Crown (e.g., bodies created by statute or government-owned companies). Treatment of these bodies differs. In some cases they may choose to subject themselves to the procurement laws and policies and in other cases they can be directed to comply. At the federal level, under the Commonwealth Authorities and Companies Act 1997 ( CAC Act ), government authorities and government whollyowned companies may be directed to comply with the CPGs. As a practical matter, most government created authorities and companies will have in place very similar procurement requirements to government departments and agencies. Baker & McKenzie 5

22 At the local government level, each local government will be required to comply with the local government procurement laws. b. Which private entities are covered by the laws? Private entities are not covered by the procurement frameworks discussed in this chapter. However, in a number of cases, private sector entities may be permitted to benefit from government purchasing. For example, private schools and hospitals may be allowed to buy from government established supply arrangements. c. Which types of contracts are covered? Any contracts that are awarded by government departments or agencies using public money or relating to public property will generally be subject to the procurement laws. It is important to check in each case whether the proposed procurement activity is covered by the relevant procurement laws especially where the relevant activity is not for procuring goods or services or the means of acquisition or contracting are non-standard. For the purposes of the federal CPGs, grants, investment (or divestment), sales by tender, loans, purchases of property or services for resale or of property or services used in the production of goods for resale and any property right not acquired through the expenditure of public money are not considered to be covered procurement activities. d. Are there anti-avoidance rules (including laws on bid rigging)? The Competition and Consumer Act 2010 (Cth) ( CCA ) (previously the Trade Practices Act 1974 (Cth)) was enacted to encourage competition in Australia. The CCA prohibits practices such as cartel conduct, anticompetitive agreements, boycotts, misuse of market power, exclusive dealing, resale price maintenance and acquisitions that substantially lessen competition. The CCA prohibits collusive tendering and price fixing and would apply to bid rigging between competitors. At the federal level, Part 7.6 of the Criminal Code Act 1995 (Cth) prohibits bribery of a Commonwealth government official. The states and territories also have laws prohibiting bribery and the giving of secret commissions. Secret commission offences also exist under common law. 6 Baker & McKenzie

23 Baker & McKenzie's Global Public Procurement Handbook Australia There is also legislation and supporting codes of conduct and policies at federal and state/territory level regulating the conduct of public servants and elected officials. These include requirements to obtain approval to receive gifts and register the receipt of any gifts and for dealing with actual or perceived conflicts of interest. 3. Procurement Procedures a. What procurement procedures can be followed? Public agencies in Australia can use a broad range of approaches. Consistent with the underlying principles referred to above, Australian governments will generally be required to procure goods and services by way of competitive tendering processes for procurements over a certain price threshold. Even below the threshold, there may be requirements to go to market in an attempt to ascertain the best value for money for the proposed procurement. Generally, one of the following different forms of procurement will be adopted: Competitive procurement this can be open so that any supplier can bid or a closed or select procurement where a prequalification process results in a limited set of suppliers being invited to bid. The prequalification process might be conducted through an earlier open tender, expression of interest or request for proposal process. Sole/direct source sole sourcing arrangements may be permitted in limited cases but are generally subject to additional rules. Period arrangements period contracts are established to enable agencies to purchase pre-qualified products. Period contracts operate as a standing offer by a supplier to supply specified product to a defined customer group at a pre-agreed cost for a given period. Agencies can source the products offered without the requirement for a tender each time. These types arrangements are generally established by an initial competitive tender to appoint one or more suppliers to a panel to supply the identified products. b. Are there any rules on the specifications/criteria? Most tender documents will set out evaluation criteria (which will reflect the requirements of the applicable procurement framework) and include mandatory specifications. Baker & McKenzie 7

24 c. Can certain prospective bidders be excluded from the competition? Bidders can be excluded from the competition where a government agency is permitted to undertake a select approach to market or sole/direct sourcing. For example, as noted above, the government may conduct a tender to establish a period contract panel of suppliers for certain supplies and permit government agencies to procure from those suppliers without needing to go to market. Prospective bidders not on the panel have to wait to seek inclusion on the panel until the panel expires and is re-tendered or opened up for new panel members. Select tendering can also be permitted in certain circumstances (e.g., when the agency has made enquiries about suitable prospective suppliers) (see Section 4(a) on sole/direct sourcing). Prospective bidders can be excluded from the competition through the use of conditions for participation. For example, procurement terms will usually require bidders to demonstrate their ability to participate in a procurement. Conditions can require a potential supplier to demonstrate it has the legal, commercial, technical and financial abilities to fulfil the requirements of the procurement. Additionally, procurement frameworks will often enable government agencies to exclude potential suppliers on grounds such as bankruptcy, insolvency, false declarations or significant deficiencies in performance of any substantive requirement or obligation under a prior contract. A bidder might also be excluded if the bidder has failed to comply with a mandatory procurement policy requirement. At the federal level, government agencies cannot procure supplies from a supplier who does not comply with certain mandatory requirements. For example, it is government policy that an organisation who fails to comply with the Equal Opportunity for Women in the Workplace Act 1999 (Cth) is ineligible for government contracts. There are also requirements for specific types of procurement. For construction projects, the government is prohibited by the Building and Construction Industry Improvement Act 2005 (Cth) from funding building work unless the builder is accredited under the scheme created by the Act. If a party has been involved in an earlier stage of the project being tendered (e.g., in preparing the specifications), the party may find itself excluded from competing in the later tender. 8 Baker & McKenzie

EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update. By Stephen H. LaCount, Esq.

EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update. By Stephen H. LaCount, Esq. EU Data Protection Directive and U.S. Safe Harbor Framework: An Employer Update By Stephen H. LaCount, Esq. Overview The European Union Data Protection Directive 95/46/EC ( Directive ) went effective in

More information

360 o View of. Global Immigration

360 o View of. Global Immigration 360 o View of Global Immigration In a fast moving global economy, remaining compliant with immigration laws, being informed and in control is more challenging than ever before. We are a globally linked

More information

Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system

Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system Insurance claims and losses in Spain. Procedural aspects of the Spanish legal system Further information If you would like further information, please contact a person mentioned below or the person with

More information

MEMBER FIRM OF BAKER & MCKENZIE INTERNATIONAL. Directors' Duties and Liabilities under Malaysian Law

MEMBER FIRM OF BAKER & MCKENZIE INTERNATIONAL. Directors' Duties and Liabilities under Malaysian Law MEMBER FIRM OF BAKER & MCKENZIE INTERNATIONAL Directors' Duties and Liabilities under Malaysian Law December 2010 This memorandum has been prepared for clients and professional associates of Wong & Partners.

More information

DRAFT. Anti-Bribery and Anti-Corruption Policy. Introduction. Scope. 1. Definitions

DRAFT. Anti-Bribery and Anti-Corruption Policy. Introduction. Scope. 1. Definitions DRAFT Change History: Anti-Bribery and Anti-Corruption Policy Control Risks Group Ltd Commercial in confidence Introduction This document defines Control Risks policy on the avoidance of bribery and corruption.

More information

WELCOME! Introduction. Celebrating. &PrimeRevenue. PrimeRevenue Hong Kong. 2012 PrimeRevenue, Inc.

WELCOME! Introduction. Celebrating. &PrimeRevenue. PrimeRevenue Hong Kong. 2012 PrimeRevenue, Inc. WELCOME! Introduction Celebrating Ethe Factor Network establishment of &PrimeRevenue PrimeRevenue Hong Kong 2012 PrimeRevenue, Inc. Global Reach Today, we transact business in 50 countries Our platform

More information

Corporate Code of Conduct

Corporate Code of Conduct 1. Background Corporate Code of Conduct 1.1. For over a century, the Swire group of companies has been recognised as acting responsibly in the course of achieving its commercial success. Our reputation

More information

Standard conditions of purchase

Standard conditions of purchase Standard conditions of purchase 1 OFFER AND ACCEPTANCE 2 PROPERTY, RISK & DELIVERY 3 PRICES & RATES The Supplier shall provide all Goods and Services in accordance with the terms and conditions set out

More information

Global Real Estate Outlook

Global Real Estate Outlook Global Real Estate Outlook August 2014 The Hierarchy of Economic Performance, 2014-2015 China Indonesia India Poland South Korea Turkey Australia Mexico United Kingdom Sweden United States Canada South

More information

SECTION 6: RFQ Process, Terms and Conditions

SECTION 6: RFQ Process, Terms and Conditions SECTION 6: RFQ Process, Terms and Conditions Note to suppliers and Respondents In managing this procurement the Buyer will endeavour to act fairly and reasonably in all of its dealings with interested

More information

Mexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C.

Mexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C. Mexico Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López Market overview 1 What kinds of outsourcing take place in your jurisdiction? In Mexico, a subcontracting regime (understood as the regime

More information

The Mortgage Brokerages and Mortgage Administrators Act

The Mortgage Brokerages and Mortgage Administrators Act MORTGAGE BROKERAGES AND 1 The Mortgage Brokerages and Mortgage Administrators Act being Chapter M-20.1* of The Statutes of Saskatchewan, 2007 (effective October 1, 2010), as amended by the Statutes of

More information

ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY

ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY Issued: November 12, 2013 ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY SCOPE This policy applies to all Magnetek, Inc. ( Magnetek ) employees, its subsidiaries and affiliates worldwide,

More information

Position Paper PROVIDING THE LEGAL AND POLICY ENVIRONMENT TO SUPPORT EFFECTIVE INFORMAL WORKOUT REGIMES IN THE ASIA-PACIFIC REGION

Position Paper PROVIDING THE LEGAL AND POLICY ENVIRONMENT TO SUPPORT EFFECTIVE INFORMAL WORKOUT REGIMES IN THE ASIA-PACIFIC REGION Position Paper PROVIDING THE LEGAL AND POLICY ENVIRONMENT TO SUPPORT EFFECTIVE INFORMAL WORKOUT REGIMES IN THE ASIA-PACIFIC REGION 1. The Asian Bankers Association (ABA) considers robust insolvency and

More information

Guidance Note on Filing Insurance Policies by Property Insurance Companies in China

Guidance Note on Filing Insurance Policies by Property Insurance Companies in China Guidance Note on Filing Insurance Policies by Property Insurance Companies in China Background Many insurers, especially international insurers, who either already have an operation in China or wish to

More information

Building Code 2013 Supporting Guidelines for Commonwealth Funding Entities

Building Code 2013 Supporting Guidelines for Commonwealth Funding Entities Building Code 2013 Supporting Guidelines for Commonwealth Funding Entities 1 February 2013 Supporting Guidelines for Commonwealth Funding Entities, issued 1 February 2013 With the exception of the Commonwealth

More information

Software Tax Characterization Helpdesk Quarterly June 2008

Software Tax Characterization Helpdesk Quarterly June 2008 & McKenzie Software Tax Characterization Helpdesk Quarterly June 2008 Characterizing foreign software revenues is a complex challenge for large and small software firms alike. Variations in the rules around

More information

The Cloud and Cross-Border Risks - Singapore

The Cloud and Cross-Border Risks - Singapore The Cloud and Cross-Border Risks - Singapore February 2011 What is the objective of the paper? Macquarie Telecom has commissioned this paper by international law firm Freshfields Bruckhaus Deringer in

More information

Investment Treaty Arbitration: A Primer

Investment Treaty Arbitration: A Primer Latham & Watkins International Arbitration Practice Number 1563 July 29, 2013 Investment Treaty Arbitration: A Primer International investors enjoy varying degrees of protection and opportunities to seek

More information

Software Tax Characterization Helpdesk Quarterly August 2012

Software Tax Characterization Helpdesk Quarterly August 2012 Software Tax Characterization Helpdesk Quarterly August 2012 Characterizing foreign software revenues is a complex challenge for large and small software firms alike. Variations in the rules around the

More information

Information Disclosure on the Securities Market

Information Disclosure on the Securities Market 3 Legal Update Banking & Finance Construction & Engineering Corporate & Securities Vietnam 06 July 2012 Information Disclosure on the Securities Market Summary On 5 April 2012, the Ministry of Finance

More information

UNCITRAL legislative standards on electronic communications and electronic signatures: an introduction

UNCITRAL legislative standards on electronic communications and electronic signatures: an introduction legislative standards on electronic communications and electronic signatures: an introduction Luca Castellani Legal Officer secretariat International harmonization of e-commerce law Model Law on Electronic

More information

Align Technology. Data Protection Binding Corporate Rules Processor Policy. 2014 Align Technology, Inc. All rights reserved.

Align Technology. Data Protection Binding Corporate Rules Processor Policy. 2014 Align Technology, Inc. All rights reserved. Align Technology Data Protection Binding Corporate Rules Processor Policy Confidential Contents INTRODUCTION TO THIS POLICY 3 PART I: BACKGROUND AND ACTIONS 4 PART II: PROCESSOR OBLIGATIONS 6 PART III:

More information

The Australian Guidelines for Electronic Commerce

The Australian Guidelines for Electronic Commerce The Australian Guidelines for Electronic Commerce March 2006 Commonwealth of Australia 2006 ISBN 0 642 74333 9 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part

More information

Thompson Jenner LLP Last revised April 2013 Standard Terms of Business

Thompson Jenner LLP Last revised April 2013 Standard Terms of Business The following standard terms of business apply to all engagements accepted by Thompson Jenner LLP. All work carried out is subject to these terms except where changes are expressly agreed in writing. 1

More information

Request for Proposals to Design, Build, Finance, Operate and Maintain North Commuter Parkway and Traffic Bridge Project City of Saskatoon

Request for Proposals to Design, Build, Finance, Operate and Maintain North Commuter Parkway and Traffic Bridge Project City of Saskatoon Request for Proposals to Design, Build, Finance, Operate and Maintain North Commuter Parkway and Traffic Bridge Project City of Saskatoon () Request for Proposals TABLE OF CONTENTS SECTION 1 INTRODUCTION...

More information

Insurance Law Reforms and Requirements for Direct Offshore Foreign Insurers ("DOFIs")

Insurance Law Reforms and Requirements for Direct Offshore Foreign Insurers (DOFIs) Insurance Law Reforms and Requirements for Direct Offshore Foreign Insurers ("DOFIs") The Clayton Utz contact for this document is Fred Hawke, Partner Clayton Utz Lawyers Level 18 333 Collins Street Melbourne

More information

Vietnam s Insurance Market: An Overview January 2014

Vietnam s Insurance Market: An Overview January 2014 Legal Update Insurance Vietnam 29 January 2014 Vietnam s Insurance Market: An Overview January 2014 1. Introduction Vietnam started liberalising its insurance market by allowing foreign insurers to participate

More information

California PUBLIC CONTRACT LAW

California PUBLIC CONTRACT LAW California PUBLIC CONTRACT LAW Book at a Glance CHAPTER 1 Basic Principles of Contract and Civil Law............. page 1 CHAPTER 2 Special Requirements Applicable to Public Contracts......... page 23 CHAPTER

More information

India. Doorway to opportunities

India. Doorway to opportunities India Doorway to opportunities We have the key India s development plays an increasingly active role in the global economy and presents significant business opportunities. As clients manage and explore

More information

VET (WA) Ministerial Corporation Purchase of Training Services Process Terms and Conditions

VET (WA) Ministerial Corporation Purchase of Training Services Process Terms and Conditions VET (WA) Ministerial Corporation Purchase of Training Services Process Terms and Conditions NOVEMBER 2013 EDITION TABLE OF CONTENTS 2. RESPONDENT S PARTICIPATION IN THE PROCUREMENT PROCESS 7 3. GENERAL...

More information

Align Technology. Data Protection Binding Corporate Rules Controller Policy. 2014 Align Technology, Inc. All rights reserved.

Align Technology. Data Protection Binding Corporate Rules Controller Policy. 2014 Align Technology, Inc. All rights reserved. Align Technology Data Protection Binding Corporate Rules Controller Policy Contents INTRODUCTION 3 PART I: BACKGROUND AND ACTIONS 4 PART II: CONTROLLER OBLIGATIONS 6 PART III: APPENDICES 13 2 P a g e INTRODUCTION

More information

IFLR. Merger Control Survey 2015. Lead contributors Ian Giles and Marc Waha. Merger Control Survey 2015 www.iflr.com

IFLR. Merger Control Survey 2015. Lead contributors Ian Giles and Marc Waha. Merger Control Survey 2015 www.iflr.com Merger Control Survey 2015 www.iflr.com Merger Control Survey 2015 Lead contributors Ian Giles and Marc Waha IFLR international financial law review SURVEY PARTICIPANTS AUSTRALIA BRAZIL CANADA CHINA EUROPEAN

More information

Baker & McKenzie Winmark Partnership Some background on our firm and global tax practice

Baker & McKenzie Winmark Partnership Some background on our firm and global tax practice Baker & McKenzie Winmark Partnership Some background on our firm and global tax practice Our Client Service Principles Be uncompromising on quality Always wear a global hat Be passionately responsive Bring

More information

Global Forum 2014. Tokyo EVENT REPORT

Global Forum 2014. Tokyo EVENT REPORT Baker & McKenzie Global Forum 2014 Personal Data Protection: Global personal data risk and management - Trends and perspectives from Asia, Europe, and the US EVENT REPORT Global Forum 2014 MARCH 2014 TOKYO

More information

CHAPTER 11 APPEALS AND DISPUTES

CHAPTER 11 APPEALS AND DISPUTES CHAPTER 11 APPEALS AND DISPUTES In this Chapter look for... 11. General 11.1 Deleted 11.2 Administrative Appeals 11.3 Disputes 11.4 Alternative Dispute Resolution (ADR) 11. General. The Virginia Public

More information

STATEMENT FROM THE CHAIRMAN

STATEMENT FROM THE CHAIRMAN STATEMENT FROM THE CHAIRMAN In an ever-changing global marketplace, it is important for all of us to have an understanding of the responsibilities each of have in carrying out day-to-day business decisions

More information

LAW OF MONGOLIA ON CONCESSIONS CHAPTER ONE. GENERAL PROVISIONS

LAW OF MONGOLIA ON CONCESSIONS CHAPTER ONE. GENERAL PROVISIONS LAW OF MONGOLIA 28 January 2010 State Palace, Ulaanbaatar city Article 1. Purpose of the law ON CONCESSIONS CHAPTER ONE. GENERAL PROVISIONS 1.1. The purpose of this law is to regulate matters related to

More information

Guidelines for Enforcing Money Judgments Abroad

Guidelines for Enforcing Money Judgments Abroad The article was originally published in International Business Lawyer, Volume 21, Number 11, pages 509-512. The International Business Lawyer is published by the Section on Business Law of the International

More information

CONTRACT MANAGEMENT POLICY TOWN OF HAMPSTEAD

CONTRACT MANAGEMENT POLICY TOWN OF HAMPSTEAD CONTRACT MANAGEMENT POLICY TOWN OF HAMPSTEAD Division I: General provisions 1. Purpose The Town of Hampstead hereby establishes various rules pertaining to contract management with a view to promoting

More information

Insolvency Practitioners Bill

Insolvency Practitioners Bill Insolvency Practitioners Bill Government Bill Explanatory note General policy statement The Insolvency Practitioners Bill introduces a negative licensing system that gives the Registrar of Companies the

More information

CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015

CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015 GOLDFIELDS MONEY LIMITED ACN 087 651 849 CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015 1. Purpose This Code of Conduct (Code) clearly states the standards of responsibility and

More information

UNISCOPE COMMUNICATIONS PTY LTD. P a g e 1 ABN: 80 159 470 943. Unit 3/10, Advantage Way, Wangara, Western Australia, 6065.

UNISCOPE COMMUNICATIONS PTY LTD. P a g e 1 ABN: 80 159 470 943. Unit 3/10, Advantage Way, Wangara, Western Australia, 6065. UNISCOPE COMMUNICATIONS PTY LTD ABN: 80 159 470 943 Unit 3/10, Advantage Way, Wangara, Western Australia, 6065. T: (08) 6555 5850 E: info@uniscope.com.au W: www.uniscope.com.au P a g e 1 Table of Contents

More information

Motor Vehicle Insurance. and. Repair Industry. Code of Conduct

Motor Vehicle Insurance. and. Repair Industry. Code of Conduct . Motor Vehicle Insurance and Repair Industry Code of Conduct Revised March 2011 MOTOR VEHICLE INSURANCE AND REPAIR INDUSTRY CODE OF CONDUCT 1 TABLE OF CONTENTS PREAMBLE... 3 1. PRINCIPLES OF THE CODE...

More information

South East Asia: Data Protection Update

South East Asia: Data Protection Update Data Privacy and Security Team To: Our Clients and Friends September 2013 South East Asia: Data Protection Update Europe has had data protection laws in place for over a decade. Such laws regulate how

More information

Cyber security: A major issue for Australian business

Cyber security: A major issue for Australian business Cyber Security: A major issue for Australian business: February 2016 1 Cyber security: A major issue for Australian business Contents Introduction and background Is your industry particularly vulnerable

More information

Our Financial Services Regulatory practice

Our Financial Services Regulatory practice Our Financial Services Regulatory practice 2015 2 Our Financial Services Regulatory practice 2015 Allen & Overy LLP 2015 3 How we can assist you Ranked Tier 1 for Financial Services Regulatory: Non-contentious

More information

Software Tax Characterization Helpdesk Quarterly April 2012

Software Tax Characterization Helpdesk Quarterly April 2012 Software Tax Characterization Helpdesk Quarterly April 2012 Characterizing foreign software revenues is a complex challenge for large and small software firms alike. Variations in the rules around the

More information

Guidance Note AGN 520.1

Guidance Note AGN 520.1 Guidance Note AGN 520.1 Fit and Proper Requirements Definition of a responsible person 1. The definitions of responsible persons cover those persons whose conduct is most likely to have significant implications

More information

CONSTITUTION PART 4 CONTRACT PROCEDURE RULES

CONSTITUTION PART 4 CONTRACT PROCEDURE RULES CONSTITUTION PART 4 CONTRACT PROCEDURE RULES (last revised January 2016) A Brief Guide to the Contract Procedure Rules These Contract Procedure Rules promote good purchasing practice, public accountability

More information

Complying with the U.S. Foreign Corrupt Practices Act

Complying with the U.S. Foreign Corrupt Practices Act Complying with the U.S. Foreign Corrupt Practices Act 1. About This Manual This Manual describes the Foreign Corrupt Practices Act ( FCPA ), 15 U.S.C. 78m, 78dd, 78ff (collectively, FCPA ), anti-corruption

More information

ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001

ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001 ANNUAL REPORT ON DISCRIMINATION IN FOREIGN GOVERNMENT PROCUREMENT April 30, 2001 I. Introduction A longstanding objective of U.S. trade policy has been to open opportunities for U.S. suppliers to compete

More information

LGRF. Procurement Probity Plan. July 2012

LGRF. Procurement Probity Plan. July 2012 LGRF July 2012 When to develop a : A probity plan is best used for any procurement of medium complexity and size and above. A probity plan can be implemented without use of a probity advisor/auditor. Description

More information

CANADIAN PRODUCT LIABILITY LAW

CANADIAN PRODUCT LIABILITY LAW CANADIAN PRODUCT LIABILITY LAW Presented by Kevin Johnson Litigation Partner Lette LLP Canadian German Chamber of Industry and Commerce Inc. September 28, 2011 LETTE LLP 20 Queen Street West, Suite 3300,

More information

LANDWELL. Solicitors. Life Sciences Unit

LANDWELL. Solicitors. Life Sciences Unit LANDWELL Solicitors Life Sciences Unit LANDWELL Solicitors Life Sciences Unit Our Practice Landwell Solicitors is a leading firm of business lawyers providing legal solutions to businesses in the Life

More information

CREDIT REPAIR AUSTRALIA Pty Ltd ( CRA ) A.C.N 103 959 502 CODE OF CONDUCT IN RELATION TO CREDIT RESTORATION SERVICES

CREDIT REPAIR AUSTRALIA Pty Ltd ( CRA ) A.C.N 103 959 502 CODE OF CONDUCT IN RELATION TO CREDIT RESTORATION SERVICES CREDIT REPAIR AUSTRALIA Pty Ltd ( CRA ) A.C.N 103 959 502 CODE OF CONDUCT IN RELATION TO CREDIT RESTORATION SERVICES 1. SHORT TITLE 1. Short title. 2. Background & Purposes. 3. Definitions. 4. Prohibited

More information

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT 1. Introduction The Company is committed to maintaining ethical standards in the conduct of its business activities. The Company's reputation as an ethical

More information

Section 8 - Procurement Procedure Rules (The Council s rules for procuring works, supplies or services)

Section 8 - Procurement Procedure Rules (The Council s rules for procuring works, supplies or services) Section 8 - Procurement Procedure Rules (The Council s rules for procuring works, supplies or services) Section Description Page 1 Introduction and Scope 101 Interpretation and Definitions 101 Exemptions

More information

Personal information, for purposes of this Policy, includes any information which relates to an identified or an identifiable person.

Personal information, for purposes of this Policy, includes any information which relates to an identified or an identifiable person. PART I: INTRODUCTION AND BACKGROUND Purpose This Data Protection Binding Corporate Rules Policy ( Policy ) establishes the approach of Fluor to compliance with European data protection law and specifically

More information

Liechtenstein. Heinz Frommelt. Sele Frommelt & Partners Attorneys at Law Ltd

Liechtenstein. Heinz Frommelt. Sele Frommelt & Partners Attorneys at Law Ltd Sele Frommelt & Partners Attorneys at Law Ltd Heinz Frommelt Sele Frommelt & Partners Attorneys at Law Ltd Legislation and jurisdiction 1 What is the relevant legislation and who enforces it? is a member

More information

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2014

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2014 Claims Management Services Regulation Conduct of Authorised Persons Rules 2014 Effective from 1 October 2014 Contents Introduction 1 Definitions 1 General Rules Principles 2 Conduct of Business 2 Professional

More information

Introduction to Warranty and Indemnity Insurance 18 October 2012

Introduction to Warranty and Indemnity Insurance 18 October 2012 Introduction to Warranty and Indemnity Insurance 18 October 2012 Mergers & Acquisitions Insurance Group Adrian Furlonge Assistant Vice President Svetlana Soroka Senior Underwriter Introduction Background

More information

Australian Charities and Not-for-profits Commission: Regulatory Approach Statement

Australian Charities and Not-for-profits Commission: Regulatory Approach Statement Australian Charities and Not-for-profits Commission: Regulatory Approach Statement This statement sets out the regulatory approach of the Australian Charities and Not-for-profits Commission (ACNC). It

More information

Department of Finance and Deregulation (Financial Management Group) Copyright Notice. Content Commonwealth of Australia 2012

Department of Finance and Deregulation (Financial Management Group) Copyright Notice. Content Commonwealth of Australia 2012 Department of Finance and Deregulation (Financial Management Group) Copyright Notice Content Commonwealth of Australia 2012 ISBN: 978-1-921600-99-9 (printed) ISBN: 978-1-922096-00-5 (online) With the exception

More information

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2013 (2)

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2013 (2) Claims Management Services Regulation Conduct of Authorised Persons Rules 2013 (2) Effective from 8 July 2013 Contents Introduction 1 Definitions 1 General Rules Principles 2 Conduct of Business 2 Professional

More information

EU Competition Law. Article 101 and Article 102. January 2010. Contents

EU Competition Law. Article 101 and Article 102. January 2010. Contents EU Competition Law January 2010 Contents Article 101 The requirements of Article 101(1) Exemptions under Article 101(3) Article 102 Dominant position Abuse of a dominant position Procedural issues Competition

More information

CARDINAL RESOURCES LLC INTRODUCTION

CARDINAL RESOURCES LLC INTRODUCTION CARDINAL RESOURCES LLC ANTI- BRIBERY AND ANTI- CORRUPTION POLICY INTRODUCTION The purpose of this Anti- bribery and Anti- corruption Policy (the "Policy") is to ensure compliance by the Red Bird Group

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

FUND MANAGER CODE OF CONDUCT

FUND MANAGER CODE OF CONDUCT FUND MANAGER CODE OF CONDUCT First Edition pursuant to the Securities and Futures Ordinance (Cap. 571) April 2003 Securities and Futures Commission Hong Kong TABLE OF CONTENTS Page INTRODUCTION 1 I. ORGANISATION

More information

So You Want to Do Business with the Saudi Government

So You Want to Do Business with the Saudi Government So You Want to Do Business with the Saudi Government Doing business with the Saudi government can be as cumbersome and time consuming as dealing with any national government. Moreover, doing business with

More information

Anti-Bribery and Corruption Policy

Anti-Bribery and Corruption Policy Newcrest strictly prohibits bribery and other unlawful or improper payments made to any individual or entity, as outlined in this Anti-Bribery & Corruption Policy. Newcrest's Anti- Bribery & Corruption

More information

Non-Lloyd s Brokers. A guide for Managing agents

Non-Lloyd s Brokers. A guide for Managing agents Non-Lloyd s Brokers A guide for Managing agents April 2013 2 Contents PART 1 4 Introduction to this Guidance 4 Acceptance of business by Lloyd s syndicates 4 Purpose of this Guidance 4 Additional queries

More information

CHAPTER 15 GOVERNMENT PROCUREMENT

CHAPTER 15 GOVERNMENT PROCUREMENT CHAPTER 15 GOVERNMENT PROCUREMENT Article 15.1: Definitions For the purposes of this Chapter: build-operate-transfer contract and public works concession contract means a contractual arrangement the primary

More information

Cargo Sales & Service Presentation

Cargo Sales & Service Presentation Cargo Sales & Service Presentation Who is Air Logistics Group? Established in 1994 One of the world s leading cargo sales and service companies 55 offices spanning 32 countries and over 200 employees worldwide

More information

Our global Product Liability group

Our global Product Liability group Our global Product Liability group 2014 www.allenovery.com 2 Sources say: Extremely impressive; the response times are incredible and the advice is well thought out. Chambers 2014 They are on top of the

More information

HORIZON OIL LIMITED (ABN: 51 009 799 455)

HORIZON OIL LIMITED (ABN: 51 009 799 455) HORIZON OIL LIMITED (ABN: 51 009 799 455) CORPORATE CODE OF CONDUCT Corporate code of conduct Page 1 of 7 1 Introduction This is the corporate code of conduct ( Code ) for Horizon Oil Limited ( Horizon

More information

Introduction to the U.S. Foreign Corrupt Practices Act

Introduction to the U.S. Foreign Corrupt Practices Act Introduction to the U.S. Foreign Corrupt Practices Act Pablo C. Ferrante June 2010 Partner 713-238-2662 pferrante@mayerbrown.com Mayer Brown is a global legal services organization comprising legal practices

More information

ABM Resources NL Security Trading Policy

ABM Resources NL Security Trading Policy ABM Resources NL Security Trading Policy 1. INTRODUCTION 1.1 The ordinary shares of ABM Resources NL (ABM) are listed on ASX. ABM aims to achieve the highest possible standards of corporate conduct and

More information

Supplier Code of Conduct

Supplier Code of Conduct Delta Air Lines Supplier Code of Conduct Delta Air Lines 3/11/13 [Type the author name] Table of Contents A Legal Compliance 2 B Labor and Human Rights 3 C Health and Safety 3 D Environment 3 E Supplier

More information

Government Owned Corporations. Corporate Governance Guidelines for Government Owned Corporations

Government Owned Corporations. Corporate Governance Guidelines for Government Owned Corporations Government Owned Corporations Corporate Governance Guidelines for Government Owned Corporations Version 2.0 The State of Queensland (Queensland Treasury) The Queensland Government supports and encourages

More information

GUIDELINES ON COMPLIANCE FUNCTION FOR FUND MANAGEMENT COMPANIES

GUIDELINES ON COMPLIANCE FUNCTION FOR FUND MANAGEMENT COMPANIES GUIDELINES ON COMPLIANCE FUNCTION FOR FUND MANAGEMENT COMPANIES Issued: 15 March 2005 Revised: 25 April 2014 1 P a g e List of Revision Revision Effective Date 1 st Revision 23 May 2011 2 nd Revision 16

More information

Competition and consumer law an overview for small business

Competition and consumer law an overview for small business Competition and consumer law an overview for small business Australian Competition and Consumer Commission 23 Marcus Clarke Street, Canberra, Australian Capital Territory 2601 Commonwealth of Australia

More information

INSIDE THE LINES THE NIKE CODE OF ETHICS. Defining the NIKE, Inc. Playing Field and the Rules of the Game

INSIDE THE LINES THE NIKE CODE OF ETHICS. Defining the NIKE, Inc. Playing Field and the Rules of the Game INSIDE THE LINES THE NIKE CODE OF ETHICS Defining the NIKE, Inc. Playing Field and the Rules of the Game DO THE RIGHT THING A Message from Phil At NIKE, we are on the offense, always. We play hard, we

More information

CREDIT REPORTING BILL EXPLANATORY NOTES

CREDIT REPORTING BILL EXPLANATORY NOTES CREDIT REPORTING BILL EXPLANATORY NOTES INTRODUCTION These explanatory notes are intended as a guide to the proposed new Act. They are not meant as a substitute for a careful reading of the Bill itself.

More information

MATTHEWS INTERNATIONAL CORPORATION

MATTHEWS INTERNATIONAL CORPORATION MATTHEWS INTERNATIONAL CORPORATION U.S. FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY INTRODUCTION Principles Underlying the United States Foreign Corrupt Practices Act ( FCPA ). The FCPA s Anti-Bribery

More information

Financial Services Guidance Note Outsourcing

Financial Services Guidance Note Outsourcing Financial Services Guidance Note Issued: April 2005 Revised: August 2007 Table of Contents 1. Introduction... 3 1.1 Background... 3 1.2 Definitions... 3 2. Guiding Principles... 5 3. Key Risks of... 14

More information

Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns. Privacy and Information Management Practice / Washington, DC

Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns. Privacy and Information Management Practice / Washington, DC Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns Privacy and Information Management Practice / Washington, DC Disclaimer THIS PRESENTATION IS TO ASSIST IN A GENERAL

More information

Changes to New York Power of Attorney Law

Changes to New York Power of Attorney Law New York Amends Power of Attorney Law Retroactively SUMMARY The New York Legislature has now passed, and the Governor has signed, amendments to the New York Power of Attorney Law, Sections 5-1501 5-1514

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

ANTI-CORRUPTION AND ANTI-BRIBERY POLICY

ANTI-CORRUPTION AND ANTI-BRIBERY POLICY COMPLIANCE 18.0 ANTI-CORRUPTION AND ANTI-BRIBERY POLICY I. SCOPE This policy applies to all directors, officers, employees, agents, and shareholders of UHS of Delaware, Inc. (hereafter, UHS ), its subsidiaries

More information

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA AN INFORMATION PAPER LAW COUNCIL OF AUSTRALIA Disclaimer This information paper has been prepared by the Law Council of Australia with the aim

More information

www.corrs.com.au OFFSHORING Data the new privacy laws

www.corrs.com.au OFFSHORING Data the new privacy laws www.corrs.com.au OFFSHORING Data the new privacy laws OFFSHORING DATA THE NEW PRIVACY LAWS Transfer of data by Australian organisations to other jurisdictions is increasingly common. This is a result of

More information

Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy

Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy 1. Introduction. Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy 1.1 Combating Corruption. Platform Specialty Products Corporation, including its subsidiaries,

More information

ANTI-BRIBERY AND CORRUPTION POLICY

ANTI-BRIBERY AND CORRUPTION POLICY ANTI-BRIBERY AND CORRUPTION POLICY OBJECTIVES Woodside is committed to conducting its business and activities with integrity. To achieve this objective: Woodside will not engage in corrupt business practices;

More information

DISPUTE RESOLUTION TERMS

DISPUTE RESOLUTION TERMS National Alternative Dispute Resolution Advisory Council DISPUTE RESOLUTION TERMS The use of terms in (alternative) dispute resolution Sept. 03 Contents INTRODUCTION... 1 Why is consistency of terms needed?...

More information

Practice Note. 10 (Revised) October 2010 AUDIT OF FINANCIAL STATEMENTS OF PUBLIC SECTOR BODIES IN THE UNITED KINGDOM

Practice Note. 10 (Revised) October 2010 AUDIT OF FINANCIAL STATEMENTS OF PUBLIC SECTOR BODIES IN THE UNITED KINGDOM October 2010 Practice Note 10 (Revised) AUDIT OF FINANCIAL STATEMENTS OF PUBLIC SECTOR BODIES IN THE UNITED KINGDOM The Auditing Practices Board (APB) is one of the operating bodies of the Financial Reporting

More information

Anti-bribery and Fraud Protection Policy

Anti-bribery and Fraud Protection Policy Anti-bribery and Fraud Protection Policy Dear Colleagues and Partners, Carbo One Limited is one of the largest coal trading companies in the market and the nature of its business requires interaction with

More information

Anti-Bribery and Books & Records Provisions of. The Foreign Corrupt Practices Act. Current through Pub. L. 105-366 (November 10, 1998)

Anti-Bribery and Books & Records Provisions of. The Foreign Corrupt Practices Act. Current through Pub. L. 105-366 (November 10, 1998) [As of July 22, 2004] Anti-Bribery and Books & Records Provisions of The Foreign Corrupt Practices Act Current through Pub. L. 105-366 (November 10, 1998) UNITED STATES CODE TITLE 15. COMMERCE AND TRADE

More information

Players Agent Registration Regulations

Players Agent Registration Regulations Players Agent Registration Regulations 1 Definitions 1.1 In these, the following terms shall have the following meanings: Agency Activity means acting in any way and at any time in the capacity of agent,

More information

7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data. Directive 7.08 Protection of Personal Data

7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data. Directive 7.08 Protection of Personal Data Akzo Nobel N.V. Executive Committee Rules 7.08.2 Privacy Rules for Customer, Supplier and Business Partner Data Source Directive Content Owner Directive 7.08 Protection of Personal Data AkzoNobel Legal

More information