This would appear to be a clear message, both to commercial organisations and to the OECD, that the SFO regards facilitation payments as being an important item on its current agenda.… Continue Reading
The OECD have published a detailed Report on the evaluations and recommendations of a Working Group on the UK's implementation and enforcement of the OECD Anti-Bribery Convention. The Report provides a valuable critique of the Bribery Act 2010 and on the UK's recent record on enforcement of existing corruption laws.… Continue Reading
Mr Alderman's speech is, overall, very encouraging in that he believes that we in Britain often underestimate the way the rest of the world views the way in which the UK is tackling corruption… Continue Reading
Section 70.4 of the Criminal Code sets out a defence for facilitation payments, which is inconsistent with the international trend towards the prohibition of such payments and as highlighted in the consultation paper, puts Australian companies at greater risk of being found liable for acting outside the law e.g. where the operations of Australian companies also fall within the scope of the UK Bribery Act.… Continue Reading
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
We are often told, particularly by American clients, that their organisation is already FCPA compliant, "so isn't that enough for the Bribery Act?....what more do we need to do, if anything?".… Continue Reading
For those organisations that are doing their best to avoid making facilitation payments, but are finding it difficult to stop making them altogether, this insight into the SFO's thinking will offer some limited breathing room. However, the clear message from these six points is that the SFO will be expecting to see a positive approach by organisations towards the goal of eradicating such payments from their operations.… Continue Reading
Picture an all too common scenario: An importer of fresh produce learns that a shipment has been held up at customs abroad. Although there is no legitimate reason for delay, the foreign port authorities insist upon carrying out unspecified administrative checks and searches that "could take weeks". In the meantime, the cargo sits on the dockside baking in the hot sun. It is likely to perish in days. If the shipment is not made on time, a valuable client will be lost. A representative of the port authorities explains that for "small fee", the formalities can be waived and the cargo approved. Does paying this fee constitute a bribe?… Continue Reading
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
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