Britain Tackles Bribery The UK Bribery Act Katie
Britain Tackles Bribery The UK Bribery Act Katie Schoultz 1 September 2011 Kaiserštejnský Palace, Malostranské nam. 23, Prague 1
Roadmap The UK Bribery Act § What does it do? § How will it be enforced? § Inspirational or whacky?
Background § § OECD Convention UK’s bad report card Response to criticism “FCPA on steroids”
What Does it Do? – 4 New Offences § § Giving a bribe Taking a bribe Bribing a foreign public official (all apply to both companies and individuals) Failing to prevent bribery (applies to companies only, strict liability)
A Step Further than the Americans § Applies to anyone doing business in UK § Zero tolerance approach - no grease payments § Private and public business deals are caught
Casting a Wide Net § Failing to prevent bribery is a strict liability offence – defence of “adequate procedures” § Foreign Public Official is widely defined § No grease payments allowed § Corporate hospitality or criminal kickback? § Tax havens
Is it fair? § Meddling in other countries’ affairs? § Or boxing clever? § Self-cleaning § Is it worth the risk?
Where will the Axe Fall? § § § Zero tolerance in the Act, prosecutor discretion in practice; no automatic exceptions, no bright lines SFO’s plans SFO’s budget International co-operation Plea bargaining Easy targets
A Source of Inspiration? § § § Companies can be criminals in the UK Playing by the rules Virtue in vagueness The self-cleaning kettle Stoking debate
Any Questions? Katie Schoultz & Partners, Law Office schoultz@szps. eu Tel: 603 451 079 www. schoultzpartners. eu
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