Welcome

We will be starting promptly at 11.00am.

For the purposes of today’s session, your microphones will not be switched on, but you will

be able to use the chat area on the right hand side of your screens to talk to other attendees

and ask any questions.

If you have experience any technical difficulties with any aspect of the session, please call

01225 303890.

Bribery Act 2010: Countdown to 1 July 2011

Agenda

• Welcome • Bribery and Corruption: To the UK

and beyond • Harnessing learning technologies

to ensure compliance • Questions

Today’s speakers

Vicky Jones, REDTRAY

Vicky works with REDTRAY clients to create effective compliance learning solutions.

Jonathan Armstrong, Duane Morris LLP

Jonathan specialises in corporate law, focusing on technology and compliance.

PollQ: Have you ever been asked to take a bribe? (Please note answers are anonymous!)•Yes•No•Not saying!

Poll 2Q: Do you think your organisation will be prepared for the Bribery Act coming into force on 1 July 2011?•Yes•No•Taking steps towards this

Bribery and corruption – To the UK and beyond

Jonathan Armstrong, Duane Morris LLP

New UK Legislation• “Toughest enforcement standard in the

world“• Enacted 8th April 2010• Guidance published 30th March 2011• In force 1st July 2011• Applies to public & private officials• Replaces legislation stretching back to

1889• Important new offence of failure to

prevent bribery

Who’s Who?• Ministry of Justice (MoJ)• Serious Fraud Office (SFO)

Extra territorial reach• The offences of giving and receiving bribes and

bribing foreign public officials apply to• UK entities wherever the act occurs (even if

US owned)• UK citizens and individuals ordinarily

resident in the UK regardless of where the relevant act occurs

• non-UK nationals & entities if an act or omission forming part of the offence takes place within the UK

• “relevant function/activity” does not need to have a connection with the UK

Issues with FCPA policies• ‘Foreign Public Official’• Hospitality

Hospitality and promotional expenditure• MoJ says:

– “Hospitality and promotional expenditure can be employed improperly and illegally as a bribe”

– Professional education often a cover– ‘lavish’

• MoJ wants to trigger a review of hospitality standards

• SFO say “used.. to groom employees.. into a position of obligation and thereby prepare the way for major bribery”

Issues with FCPA policies• ‘Foreign Public Official’• Hospitality• Bans facilitating payments• De minimis levels• Adequate procedures

• Policies must be reviewed• “clear, practical, accessible and

enforceable”• Legal issues with helplines

Countries involved in recent cases

• Argentina• Azerbaijan• Bahrain• Bangladesh• Bolivia• Bosnia• Brazil• Bulgaria• Burma• China• Congo• Costa Rica• Croatia• Ecuador

• Equatorial Guinea• Egypt• Gabon• Haiti• Hungary• India• Indonesia• Iraq• Israel• Kazakhstan• Korea• Latvia• Malaysia• Mexico

• Nigeria• Philippines• Romania• Russia• Saudi Arabia• Serbia• Spain• Thailand• UAE• Uganda• United Kingdom• Venezuela• Vietnam

1. Policy review/implementation2. Education, education, education3. Look at subsidiaries & their compliance4. Associated persons

The next 6 weeksThe next 6 weeks

Resources• UK legislation – www.bit.ly/kenspk • Dodd-Frank – www.bit.ly/usakzo• Webcasts – www.tinyurl.com/jpa007• Podcast – www.bit.ly/techlaw10 • Twitter –

www.twitter.com/armstrongjp

Questions?

jparmstrong@duanemorris.com020 7786 2117

Harnessing learning technologies to achieve

complianceVicky Jones, REDTRAY

Poll• Do you currently leverage any

learning technologies to help manage compliance programmes within your organisation?

• Yes• No• Would like to

Poll 2If you do leverage these technologies, do you use any of the following:•e-learning•LMS•Virtual Classrooms•A blended approach•Other

Harnessing learning technologies to ensure compliance

• Compliance affects all organisations• Technology playing a more vital role• Growing recognition amongst senior management• Technology can be advantageous in compliance programs• Communication and training are essential

‘Organisations that have not considered the impact of the change in the law really need to consider the steps they are going to take before the Act takes effect in April. Those that have not put an appropriate training and communications programme in place for their staff risk exposing themselves to unnecessary breaches and penalties.’

- Ben Luddington, Grant Thornton, Jan 2011

Compliance

Content

Measurement

Accessibility

Flexibility

Reporting

Integration & Security

Communication and training checklist Content

relevant, applicable and current custom created or purchased off the shelf

Measurement content alone is not enough ensuring the right people have accessed the materials

Accessibility reaching a large number of users making it easy

Flexibility to update content and assessments to update user details and changes where applicable

Reporting Robust reporting for audit purposes Ability to set deadlines to achieve compliance

Integration and Security HR data aligned and training records are updated Content and user data is secure

Questions?

vicky.jones@redtray.co.uk020 7451 4681

Thank you!Slides from today’s session will be

emailed to you, along with a complimentary copy of REDTRAY’s

whitepaper on ‘How to build a compliance culture’.

jparmstrong@duanemorris.com020 7786 2117

vicky.jones@redtray.co.uk020 7451 4681