Overview
The corporate community has become accustomed to the US authorities frequently investigating and prosecuting offences under the US Foreign Corrupt Practices Act (FCPA). Until recently, the same could not be said about investigations and prosecutions by the UK authorities. In part, the historic failure to investigate and prosecute corruption offences has been attributed to a lack of impetus by the Serious Fraud Office. However, to some extent, the lack of action has been a result of the antiquated and piecemeal nature of the UK law on bribery and corruption.
However, with the proposed enactment of the Bribery Bill (the Bill), with its wide-ranging changes and significant extra-territorial reach, one of the impediments to the bringing of successful prosecutions will be reduced.
The Bill is wider in scope than the FCPA in a number of respects. Below are some key points that all corporates should be aware of in relation to the Bill, which is expected to be enacted in the course of 2010.
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