Bribery

Bribery guidance:

The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the...

Practice Note

The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the...

Practice Note

On 29 November 2017, Deputy Attorney General Rod Rosenstein announced a new US Department of Justice (DOJ) Foreign Corrupt Practices Act of 1977 (FCPA) Corporate...

Practice Note

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It does not cover the...

Practice Note

An agent is a person who performs services for or on behalf of a commercial organisation. The use of agents will principally create risk under the Bribery Act 2010, s 7...

Practice Note

Charitable and political donations can give rise to higher risks of bribery and corruption. They can be (or be seen to be) bribes in disguise. This Practice Note sets out...

Practice Note

This Practice Note provides a summary of key bribery convictions and alternative disposals since the implementation of the offences under the Bribery Act 2010 (BA 2010)....

Practice Note

Bribery Act 2010—territorial application The Bribery Act 2010 (BA 2010) creates a choice of jurisdiction where part or parts of the offence occur in part or parts of the...

Practice Note

• Has your company got a clear and forthright code of ethics which explicitly refers to a zero tolerance of bribery and corruption? This code of ethics should reflect the...

Practice Note

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court, and is governed by...

Practice Note

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013 Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the...

Practice Note

ARCHIVED: This archived Practice Note provides a working guide to the law of corruption in the UK before the Bribery Act 2010 (BA 2010) came into force. This Practice...

Practice Note

Guidelines which apply when considering a charge The Director of Public Prosecutions (DPP) undertook to produce the Crown Prosecution Service (CPS) Guidelines...

Practice Note

Brexit impact—public procurement The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU....

Practice Note

A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director....

Practice Note

• Does the company have a due diligence policy which covers all parties to a business relationship, including the company's supply chain, agents, joint venture or similar...

Practice Note

• Any agent or representative of a business should be subject to due diligence • The company will have to make their own inquiries supplementing any information with...

Practice Note

Facilitating the performance of a duty by public officials Facilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid...

Practice Note

Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 This offence can only be committed by relevant commercial organisations (RCOs), not...

Practice Note

ARCHIVED: This archived Practice Note is not being maintained. When is a parent corporation liable for the acts of its subsidiaries under the Foreign Corrupt Practices...

Practice Note

What is the FCPA and what does it prohibit? The Foreign and Corrupt Practices Act (FCPA) was enacted in 1977 and amended after complaints from industry that it was...

Practice Note

Click here to download the latest Anti-Corruption Regulation 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...

Practice Note

Click here to download the latest Public Procurement 2019 report 2019, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...

Practice Note

Required document or actionYes/NoComment/action required Do you have a public, clear and forthright code of ethics and/or anti-bribery and corruption policy which...

Practice Note

Almost every business and everyone involved in the carrying on of a trade incorporates an element of hospitality to existing or potential business partners in some form...

Practice Note

Businesses and their employees must be alert to indicators of corruption. The following checklist identifies indicators of corruption which would normally...

Practice Note

The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of bribery. This...

Practice Note

The nature of the offence This Practice Note explains the rules relating to the jurisdiction to try allegations of bribery under the Bribery Act 2010, which depends on...

Practice Note

Offset arrangements arise where an additional investment, payment or other industrial, commercial or economic benefit is offered or required as part of an organisation’s...

Practice Note

Who is investigating? In our current globalised market, it is very common for multiple government agencies, across multiple jurisdictions to investigate...

Practice Note