Frequently Asked Questions in Anti–Bribery and Corruption

For many years, companies did not have to concern themselves with bribery; it simply wasn t on the radar. Indeed, in many jurisdictions, companies could get tax relief on bribes paid to get business. The Us Foreign Corrupt Practices Act had been enacted in 1977, bit it was seldom enforced.

Today, we are in a changed business environment. Most countries have either adopted the OECD anti–bribery guidelines or enacted their own. Multinationals are being aggressively targeted and prosecuted, and companied are facing penalties and remediation costs of hundreds of millions of pounds. Some executives are even serving time in prison. In the UK, the Bribery Act 2010, which came into force in July 2011, represents the new gold standard against which companies anti–bribery programs will be judged. Comprehensive and anti–bribery programs must now be in place, and be complied with in all businesses–especially those operating overseas.

Frequently Asked Questions in Anti–Bribery and Corruption is a practical, jargon–free guide to implementing, communicating and testing controls and procedures that comply with, and exceed the standard required under the laws. It also provides advice on the most effective reaction to allegations of bribery if and when they occur. It includes:

Practical advice to help business people start, and then improve their anti–bribery compliance. Simple and common–sense steps that can take a company from having no compliance regime, to being FCPA, Bribery Act, and OECD compliant. Suggestions for further reading on each topic, both within the book, and externally, including the URLs of many sources for more information

Frequently Asked Questions in Anti–Bribery and Corruption is essential reading for business people working internationally, including internal auditors, compliance officers, lawyers, fraud investigators, forensic accountants, HR professionals, and senior executives.

All business managers and professional advisors need to be aware of the very real risks of doing business in emerging markets. This book provides a refreshingly concise and accessible summary of current anti–bribery and corruption legislation across multiple jurisdictions, as well as clear, practical advice for professionals needing to enhance corporate controls and identify and respond to potential problems. This book is an essential tool for all those setting–up and monitoring a robust and effective anti–bribery compliance program. Sylvie Kande de Beaupuy, Global Head of Compliance, Technip SA.

About the Author xiii

Acknowledgements xv

Bribery Acronyms and Terms, and a Quick Index xvii

Introduction 1

1 Timeline 5

2 Who Pays Bribes? 19

3 What Are the Key Sets of Rules that Govern International Bribery? 69

4 Frequently Asked Questions 97

5 How Do I Set Up Proportionate Yet Effective Anti–Bribery Compliance Procedures? 343

6 How Do I Carry Out a Review to Detect and Deter Bribery? 405

7 Cautionary Tales What Happens If You Get Caught? 433

8 What Are My Predictions for 2012 and Beyond? 455

9 Appendices 483

References 525

Get the Text of the Statutes on Your Smartphone from the Following QR Codes 545

Do I Need to Read this Book (Again)? 547

Index 549