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Britain Tackles Bribery

Britain Tackles Bribery. The UK Bribery Act. Katie Schoultz. 1 September 2011 Kaiserštejnský Palace, Malostranské nam. 23, Prague 1. 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

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Britain Tackles Bribery

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  1. Britain Tackles Bribery The UK Bribery Act Katie Schoultz 1 September 2011 Kaiserštejnský Palace, Malostranské nam. 23, Prague 1

  2. Roadmap The UK Bribery Act What does it do? How will it be enforced? Inspirational or whacky?

  3. Background OECD Convention UK’s bad report card Response to criticism “FCPA on steroids”

  4. 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)

  5. A Step Furtherthan the Americans Applies to anyone doing business in UK Zero tolerance approach - no grease payments Private and public business deals are caught

  6. 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

  7. Is it fair? Meddling in other countries’ affairs? Or boxing clever? Self-cleaning Is it worth the risk?

  8. 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

  9. A Source of Inspiration? • Companies can be criminals in the UK • Playing by the rules • Virtue in vagueness • The self-cleaning kettle • Stoking debate

  10. Any Questions? Katie Schoultz Schoultz & Partners, Law Office schoultz@szps.eu Tel: 603 451 079 www.schoultzpartners.eu

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