Yet another U.S. regulator is entering the foreign corruption space. The Commodity Futures Trading Commission is a civil agency that oversees commodity and derivatives markets in the United States. It enforces the Commodity Exchange Act, a set of statutes that are enforced criminally by the U.S. Department of Justice. The
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Benjamin Haley
Ben Haley leads the firm's White Collar and Anti-Corruption Practice in the Middle East and Africa and is a chair of the firm's broader Africa Practice. With deep experience representing clients before regulators in high-profile white collar and disputes matters and a history operating on the ground in emerging markets, he helps clients assess and mitigate a wide range of complex legal and compliance risks.
Complementing his investigations and dispute resolution practice, Ben has a broad-based compliance advisory practice, helping clients proactively manage compliance risk in areas including anti-corruption, trade controls, anti-money laundering, fraud, and data privacy.
Ben represents corporate and individuals clients in a wide range of investigations and disputes, including:
- Investigations under the U.S. Foreign Corrupt Practices Act (“FCPA”).
- Investigations into anti-money laundering, financial crimes, anti-terrorism, and sanctions and export control issues.
- Securities fraud and accounting matters.
- Board investigations and shareholder litigation.
- Insurance recovery.
Ben also regularly advises clients on a range of regulatory compliance and corporate governance issues. His compliance advisory practice includes:
- Performing risk and compliance program assessments.
- Leading compliance reviews on business partners and assisting companies with third-party risk management processes.
- Conducting forensic accounting reviews and testing and enhancing financial controls.
- Advising on market entry, cross-border transactions, and pre-acquisition diligence and post-acquisition integration.
- Assisting companies in designing, implementing, and maintaining best-in-class compliance programs.
In recent years, Ben has steered a number of clients to successful resolutions and declinations in complex FCPA and corporate fraud matters with the U.S. Department of Justice and Securities Exchange Commission. In his advisory practice, Ben has served as lead compliance counsel on a number of major M&A and investment transactions. He has developed special expertise assisting clients in leveraging technology in their compliance programs, including assisting one of the world's largest consumer goods companies in the design and implementation of an award-winning compliance data analytics and monitoring system.
Ben has been described by the Chief Compliance Officer of one of his clients as “[a]n outstanding senior lawyer and advisor,” and “a guiding light for all things compliance advisory in Africa,” whose “advice is crystal clear, covers all angles and is business friendly.”
Tips for Commercial Success in Africa
With an emerging middle class of 400 million people, 10 of the fastest growing economies globally, and the most youthful population of any region, Africa is a continent of significant opportunity. There are also risks, as there are anywhere, including the challenge of combatting corruption, navigating opaque regulations and developing…
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Top Ten Issues to Watch in Africa in 2019
- Africa’s Growth Prospects. Africa’s gross domestic product (GDP) is expected to grow at 3.8 percent in 2019, which is a significant improvement over last year’s regional growth rate of 2.6 percent. Excluding the continent’s largest economies (Angola, Nigeria and South Africa), which are growing collectively at an average of 2.5
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What Companies Need to Know About World Bank and African Development Bank Debarment (and How to Avoid It)
In March 2017, World Bank Group president Jim Yong Kim announced that the World Bank would provide a record $57 billion in financing for projects in sub-Saharan Africa in the 2018–2020 fiscal year period. Consistent with that commitment, the World Bank’s most recent annual report indicates that $19.8 billion was…
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Compliance Risks from Local Content Requirements – Considerations for Doing Business in Africa
Over the last several decades, Foreign Direct Investment (FDI) by multinational companies has become a critical engine of economic growth in Africa, with FDI in the extractive industries particularly significant. A common response by local governments in Africa to increased FDI is “local content” requirements, which are designed to ensure…
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What Companies Need to Know About France’s Loi Sapin II Anti-Corruption Law
On June 3, 2018, French tycoon Vincent Bolloré warned investors that Groupe Bolloré—a logistics provider with extensive operations in former French colonies in Africa—may suffer negative commercial and financial consequences as a result of a corruption investigation initiated by French authorities. Mr. Bolloré was questioned for two days by French…
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Ten Key Issues to Watch in Africa in 2018
In this blog, Covington’s Africa practice highlights ten key issues to watch in Africa in 2018.
- U.S. Policy: The derogatory remarks that President Trump made about Africans and Haitians, which he denies having said, create a negative image for the U.S. across the region as the year begins. Nevertheless, the
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