Academic Scientific JournalsUnited Kingdom’s Bribery Act 2010 from the perspective of non-UK entities
Keywords:
bribery/corruption, Bribery Act 2010 (the UK), Foreign Corrupt Practices Act 1977 (the US)Abstract
The Bribery Act 2010 enacted by the UK imposes stringent obligations on the commercial organizations. It combats bribery at a global level as it is applicable also to non-UK entities. The UK legislation is the most rigorous act on bribery ever introduced as it prohibits both active and passive, public and commercial bribery. Furthermore, the Bribery Act 2010 defines the offence of failing to prevent bribery and it entirely prohibits facilitation payments (without any exemptions).
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References
Bribery Act 2010: Joint Prosecution Guidance of The Director of the Serious Fraud Office and The Director of Public Prosecutions, http://www.cps.gov.uk/legal/a_to_c/bribery_act_2010/index.html.
http://www.acc.com/legalresources/quickcounsel/UKBAFCPA.cfm.
http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-quick-start-guide.pdf
http://www.klgates.com/uk-bribery-act-what-non-uk-companies-need-to-know-03-31-2011/.
http://www.legislation.gov.uk/ukpga/2010/23/contents.
http://www.transparency.org.uk/our-work/business-integrity/bribery-act/#.WghwBXaDNhE.
https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
https://www.loc.gov/law/help/uk-bribery-act.php.
https://www.lw.com/mediaCoverage/parallels-between-uk-bribery-act-and-us-fcpa.
Jordan J., Recent developments in the Foreign Corrupt Practices Act and the new UK Bribery Act: a global trend towards greater accountablity in the prevention of foreing bribery, New York Univeristy Journal of Law & Business, no. 7, 2011.
Jordan J., The adeqaute procedures defense under the UK Bribery Act: a British idea for the Foreign Corrupt Practices Act, Stanford Journal of Law, Business & Finance, no. 17, 2011.
Legal acts and respective guides:
Rosalez R., Loegering W., Territt H., The UK’s Bribery Act and the FCPA Compared, In-house litigator vol. 25 no.1, 2010.
Sullivan G., The Bribery Act 2010: Part One: an overview, Criminal Law Review no.2, 2011.
The Bribery Act 2010 (the UK).
The Bribery Act 2010, Guidance about procedures which relevant commercial organizations can put into place to prevent persons associated with them from bribing, http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf.
The FCPA, A resource guide to the U.S. Foreign Corrupt Practices Act, https://www.sec.gov/spotlight/fcpa/fcpa-resource-guide.pdf.
The Foreign Corrupt Practices Act 1977 (the US), https://www.justice.gov/sites/default/files/criminal-fraud/legacy/2012/11/14/fcpa-english.pdf.
