The Bribery Act covers any company that conducts business in Britain, regardless of where the company is based, and goes beyond the FCPA by targeting illicit payments to foreign officials and also bribes between private businessmen, WSJ reports. It applies even if the individual who makes the payment doesn’t realize the transaction was a bribe, legal experts say.
The Bribery Act also prohibits so-called “grease payments” — small bribes common in some countries to get mail service, phone hook-ups or other services that otherwise would be delayed, according to WSJ, which notes that those types of payments are legal under the FCPA as long as they are recorded.
Some companies are concerned that merely treating business contacts to an expensive dinner or sporting event could run afoul of the new U.K. law.
“Lots of clients are very worried, confused, uncertain,” Tim Coleman, a partner at Freshfields Bruckhaus Deringer, told WSJ.
But questions remain about how vigorously the new law will be enforced.
Richard Alderman, the head of Britain’s Serious Fraud Office, told the Sunday Telegraph newspaper that “sensible and proportionate expenditure on hospitality will remain perfectly lawful” under the Bribery Act.
via Introducing The New “FCPA on Steroids” – Law Blog – WSJ.