Download - Britain Tackles Bribery
Britain Tackles BriberyBritain Tackles Bribery
1 September 2011
Kaiserštejnský Palace,
Malostranské nam. 23, Prague 1
Katie Schoultz
The UK Bribery Act
Roadmap
The UK Bribery Act What does it do? How will it be enforced? Inspirational or whacky?
Background
OECD Convention UK’s bad report card Response to criticism “FCPA on steroids”
What Does it Do? – 4 New Offences
Giving a bribe Taking a bribe Bribing a foreign public official
(all apply to both companies and individuals) Failing to prevent bribery
(applies to companies only, strict liability)
A Step Further than the Americans
Applies to anyone doing business in UK Zero tolerance approach - no grease
payments Private and public business deals are
caught
Casting a Wide Net
Failing to prevent bribery is a strict liability offence – defence of “adequate procedures”
Foreign Public Official is widely defined No grease payments allowed Corporate hospitality or criminal
kickback? Tax havens
Is it fair?
Meddling in other countries’ affairs? Or boxing clever? Self-cleaning Is it worth the risk?
Where will the Axe Fall?
Zero tolerance in the Act, prosecutor discretion in practice; no automatic exceptions, no bright lines
SFO’s plans SFO’s budget International co-operation Plea bargaining Easy targets
A Source of Inspiration?
Companies can be criminals in the UK Playing by the rules Virtue in vagueness The self-cleaning kettle Stoking debate
Any Questions?
Katie Schoultz
Schoultz & Partners, Law Office
Tel: 603 451 079
www.schoultzpartners.eu