Hot Off the Press: Resetting the Global Anti-Corruption Thermostat to the UK Bribery Act

摘要

For years, prosecuting international public corruption was largely the domain of the United States, with its robust Foreign Corrupt Practices Act (FCPA). In the past several years, however, other nations have begun stepping up efforts to prosecute those who bribe foreign government officials. Now, the United Kingdom is joining this effort by enacting the world's most comprehensive international anti-bribery statute, the UK Bribery Act. The Bribery Act, which came into effect in July 2011, represents a new standard in anti-bribery enforcement, as it addresses passive corruption and commercial bribery, in addition to public corruption. And it features extraterritorial jurisdictional claims that significantly exceed those of the FCPA. In this way, the Bribery Act presents a challenge to multinational corporations that have, for years, calibrated their internal compliance programmes to the FCPA's requirements. This article explores the differences between the FCPA and the Bribery Act, and offers some guidance to commercial organisations that need to adjust their compliance policies and programmes in light of Bribery Act exposure.