Since the introduction of the Organisation for Economic Cooperation and Development’s (OECD) Anti-Bribery Convention in Turkey and the change in Turkish Criminal Code in 2012, Turkish prosecutors are increasingly assertive in investigating bribery and corruption allegations.
The narrow interpretation of corporate criminal responsibility in Turkey poses significant individual risk for the executive teams of companies investigated by Turkish or foreign enforcement agencies. In effect, this means directors and senior executives can be imprisoned or bear personal responsibility for employee conduct.
Therefore, compliance with both Turkish anti-bribery & anti-corruption (ABAC) regulations and extra-territorial ABAC rules is crucial. Establishing strategies based on the interplay between local and foreign regulations, and the implementation of international and bilateral criminal cooperation agreements and conventions is essential for organizations and individuals alike.
Whether complainant or defendant, high level representation before prosecution offices and criminal courts is vital. It is equally important to adopt strategies that protect the interests of companies as well as their management and employees.
As well as a deep understanding of Turkish ABAC rules at both national and local level, we also have a wealth of experience in the enforcement of:
- The Foreign Corrupt Practices Act (FCPA)
- The UK Bribery Act (UKBA)
- French Sapin II
- Brazil Clean Company Act
- EU Whistleblowing Directive.
We assist multinational companies with investigations of local subsidiaries, advise on settlements with local agencies involving issues related to Turkey or Turkish subsidiaries and with issues connected to criminal trials abroad that require the collection of evidence in Turkey.
Our compliance strength and continual analysis of developments in the legal framework of Turkey helps clients to avoid risk. We have extensive experience in:
- Training and communication
- Third party risk management
- Localizing ABAC standard procedures
- Best practices.
We represent clients both as defendant or complainant in high profile and precedent-setting cases across the country, from criminal courts of first instance to Criminal Chambers of Regional High Courts and Supreme Court in Turkey.
Our crisis prevention and management capabilities help clients minimize the adverse effects of proceedings, working effectively with international teams where necessary. We are also adept as scrutinizing outcomes advising clients in regard to lessons learned, root causes, mitigating actions and required compliance programme and risk assessment adjustments.