Tag Archives: “associated parties”

Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims May 20, 2014

British Bankers Association Updated Anti-Bribery and Corruption Guidance May 2014

All in all, we at the BriberyLibrary consider that the BBA's guidance is thorough, commendable, and has some great practical tips… Continue Reading

Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims October 31, 2013

International Business Attitudes to Corruption – Survey 2013

Based on these statistics, it seems fairly likely that some companies will learn the hard way about the benefits of putting in place a proper compliance program for anti-corruption risks when they are later investigated and prosecuted… Continue Reading

Anti-Bribery and Corruption, Compliance July 7, 2011

Charities and the Bribery Act – The distribution of aid using facilitation payments – will they be prosecuted?

A few days ago I was speaking at a conference on the Bribery Act and someone asked me how the Act applies to the small payments that his charity had to make in order to get the aid which the charity is distributing across a war torn country actually delivered to the people in need.… Continue Reading

Anti-Bribery and Corruption May 16, 2011

Facilitation payments – to pay or not to pay: a difficult question?

Small, one off payments are, on their own, unlikely to attract the attention of the SFO. While there is no de minimis limit in the Bribery Act and therefore no guarantees with respect to low value payments, the fact remains that small infractions will not justify the time and cost involved in prosecuting. However, for those organisations that routinely make facilitation payments (even though each payment might itself only be small), there is a risk that continuing to make such payments will result in prosecution under the Bribery Act.… Continue Reading

Anti-Bribery and Corruption, Compliance, Election and Political Law March 30, 2011

BRIEFING NOTE – UK Bribery Act, Section 9 Guidance

The Government has released Guidance on the Act, which is intended to help organisations understand how the Act will operate and how to deal with the risks of bribery. The Guidance gives insights into how the Act might be interpreted, but does not give assurances. It suggests procedures that might be adequate, but does not set down rules.… Continue Reading

Anti-Bribery and Corruption, Compliance March 25, 2011

Adequate procedures: a paper compliance programme is not worth the paper it’s written on

The recent prosecution of IBM highlights a number of important lessons, one of which is that anti-corruption policies and procedures are meaningless if they are not implemented.… Continue Reading

Anti-Bribery and Corruption, Compliance March 23, 2011

IBM pleads guilty to offences under the FCPA – would these facts constitute offences under the new UK Bribery Act 2010?

What would be IBM's predicament in the UK on these same facts if the Bribery Act had been in force at the time that the offences (or alleged offences) had taken place.… Continue Reading

Anti-Bribery and Corruption, Compliance March 9, 2011

The Bribery Act and the public sector

The next logical step is for public bodies to require companies to already have in place adequate procedures (in other words, a Bribery Act policy) before they are even allowed to tender for public sector contracts. If no such procedures are in place, it will become the norm to ask: why not, what has that company got to hide?… Continue Reading

Anti-Bribery and Corruption, Compliance February 14, 2011

Bribery Act – Associated parties will force you to comply

The trickle down/waterfall effect of the Act is already beginning. As reported recently by The Lawyer, Shell's chief ethics and compliance officer Richard Wiseman and global legal services coordinator Leanne Geale are asking non-panel firms with which Shell does business for details of their anti-corruption compliance procedures… Continue Reading

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