UK Bribery Act

The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being... more +
The UK Bribery Act is an act of the Parliament of the United Kingdom enacted in 2010 to prevent, combat and penalize acts of bribery. The Bribery Act creates four offenses: 1) bribing another person 2) being bribed 3) bribing a foreign official 4) failure of a corporation to prevent bribery on its behalf. The Act provides for very stringent penalties and is considered one of the toughest pieces of anti-bribery legislation in the world.  less -
News & Analysis as of

New French Anti-Corruption Law: Companies Doing Business in France Must Beware

On November 8, 2016, France modernized its anti-corruption enforcement regime and adopted the Law on Transparency, the Fight against Corruption and Modernization of Economic Life (known in France as “Sapin II,” named after...more

Corporate criminal liability risk increases for financial services

A proposed new UK law contains the largest expansion of UK corporate criminal liability since the Bribery Act 2010 and one of the most significant overhauls of money laundering and proceeds of crime legislation in the last...more

ISO 37001: Answers to the 5 Questions We’ve Heard Most About the Standard

It’s been a month since ISO 37001 was published and there are some questions we have heard percolating in the compliance world about what this means. These are the questions we’ve been hearing the most...more

Compliance Isn’t Going Away (and neither should you) – Part I

Yesterday I presented my views on why I believe that Foreign Corrupt Practices Act (FCPA) enforcement will continue under the new administration. Today, I want to begin a multi-part series (sorry I don’t know how long it will...more

ISO 37001: Why Your Anti-Corruption Policy Needs to Go Global

Ten years ago the standard anticorruption policy was nearly exclusively FCPA-focused. DOJ and SEC enforcement actions were the primary, if not the only, concern for corporate executives and board members. The UK Bribery Act...more

International Standards Organization issues certification standard for anti-bribery compliance systems

On October 15, 2016, the International Standards Organization Technical Committee ISO/PC 278 issued ISO 37001 titled, "Anti-bribery management systems - Requirements with guidance for use." ISO 37001(the Standard) "specifies...more

Directors’ Duties in the UK (England and Wales)

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil...more

Further expansion of corporate criminal liability

With the publication of the draft Criminal Finances Bill 2016-2017 on 13 October 2016, businesses have been put on notice of what stands to be the largest expansion of UK corporate criminal liability since the Bribery Act...more

Financial Services Quarterly Report - Third Quarter 2016: Managing the Compliance Aspects of Private Equity Investments

International business transactions can be subject to intense scrutiny due to the broad scope of the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, in addition to other similar anti-corruption measures...more

When are 'adequate procedures' adequate enough?

The Bribery Act has put anti-corruption compliance on the boardroom agenda like nothing has done before, but the full force of the legislation is yet to be seen....more

The Bribery Act: The changing face of corporate liability – International Hurdles

The Serious Fraud Office (SFO) can investigate companies operating both in the UK and overseas, prosecuting bribery wherever the offence takes place, but its efforts are frustrated by international obstacles to investigations...more

Bribery and the beautiful game: A typology

It will have saddened many people to read further allegations of wrongdoing in English football. The story, based on classic secret recording methods, was broken by The Daily Telegraph and has been picked up by the entire...more

What does the future hold? UK prosecutor sees Bribery Act offence as a template for fighting other forms of financial crime.

UK prosecutor sees Bribery Act offence as a template for fighting other forms of financial crime. The Serious Fraud Office (SFO) would like to extend the strict liability "failure to prevent bribery" offence that is...more

Criminal consequences of the use of leaked data by tax authorities

Leaks of confidential information are becoming more common. Businesses and individuals may face scrutiny by investigative agencies following leaks of information from third parties or by employees. Businesses in particular...more

Good-Bye to Arnold Palmer and Revolutionizing Compliance

The golfing world and the world of beverages lost one of their giants earlier this week. I, of course, refer to golfing and beverage legend Arnold Palmer. The legend around the beverage is that at dinner one evening Palmer...more

Due Diligence For Bankable Solar PV Projects

Sharp reductions in the price of solar PV technology, dramatic technological advancement and (until recently) generous subsidies for solar PV generation have enabled developers to project reliable and attractive revenues over...more

Non-UK companies to be prosecuted for failing to prevent "economic crime" anywhere in the world

If a controversial new law is introduced in the UK, all companies with a connection to the UK will potentially be made liable for acts of "economic crime" committed anywhere in the world by their "associated persons" The...more

For An Effective Ethics and Compliance Program — First, Train Your Board and Senior Executives

Compliance professionals are familiar with the phrase “tone at the top,” but what exactly does it mean? Unlike other compliance program components, it cannot be easily formalized and implemented in a policy or procedure....more

Hallmark 7-Third-Party Due Diligence and Payments

There are five steps in the life cycle of third party management. - Business Justification and Business Sponsor; - Questionnaire to Third Party; - Due Diligence on Third Party; - Compliance...more

Hallmark 4- Risk Assessments

One cannot really say enough about risk assessments in the context of anti-corruption programs. Since at least 1999 the DOJ has said that risk assessments that measure the likelihood and severity of possible Foreign Corrupt...more

Hallmark 1 – Commitment from Senior Management and a Clearly Articulated Policy Against Corruption

Over the next two weeks I will be revisiting the Ten Hallmarks of an Effective Compliance program, as laid out in the 2012 A Resource Guide to the U.S. Foreign Corrupt Practices Act ( FCPA Guidance) authored by the Criminal...more

Awaiting the Finale: France’s Debate Over Its New Anti-Corruption Law

France will soon change the anti-corruption landscape with a new law aimed at reducing foreign bribery. Finance Minister Michel Sapin introduced the new law in July 2015 with hopes of aligning France’s efforts with those of...more

Doing Business Outside Of The US – Does Your Company Have An FCPA Policy? – The Perils Of International Bribery

The Foreign Corrupt Practices Act of 1977 (15 U.S.C. § 78dd-1, et seq.), more popularly known as the “FCPA,” is a powerful tool that the U.S. Department of Justice uses to police international bribery in the business context....more

Blog: A new UK corporate criminal offence: failure to prevent the facilitation of tax evasion

The UK’s tax authority, Her Majesty’s Revenue & Customs (HMRC), has just closed its consultation on a new corporate criminal offence: failure to take reasonable steps to prevent tax evasion....more

9 Ways Brexit May Affect UK Compliance Regulations

After the UK’s momentous vote to leave the European Union, the country faces two years of exit negotiations and the re-drawing of regulations. So what might Brexit mean for ethics and compliance in the UK?...more

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