Changes Coming: FCPA, Bribery Bill and OECD-Part III | Thomas Fox – JDSupra

At its April 7, 2010 meeting the United States Sentencing Commission approved amendments to its Sentencing Guidelines. The next day on April 8, 2010, the UK Bribery Bill received Royal Assent. These two events follow the December 9, 2009 release by the Organization for Economic Co-Operation and Development’s (OECD) Recommendation for Further Combating Bribery of Foreign Public Officials, when the OECD marked the tenth anniversary of the entry into force of the OECD Anti-Bribery Convention.

These three releases, which comprise of two changes in the legal schemes by two of the world’s largest economic players and the proposal of one of the largest Non-Governmental Organizations (NGO) dedicated to ending corruption across the globe portend significant changes in how companies will be structured and transact business going forward in the new decade. This is the third and final of three postings which have discussed the changes that companies, with any US or UK presence, will be required to implement. In the initial post we considered the changes to the US Sentencing Guidelines; we then discussed the changes required by the UK Bribery Bill; and in this third and final post in this series, we will end with the recommendations regarding facilitation payments as found in the OECD’s Recommendation for Further Combating Bribery of Foreign Public Officials.

via Changes Coming: FCPA, Bribery Bill and OECD-Part III | Thomas Fox – JDSupra.

Changes Coming: US Sentencing Guidelines, UK Bribery Bill and the OECD on Facilitation Payments | Thomas Fox – JDSupra

At its April 7, 2010 meeting the United States Sentencing Commission approved amendments to its Sentencing Guidelines. The next day on April 8, 2010, the UK Bribery Bill received Royal Assent. These two events follow the December 9, 2009 release by the Organization for Economic Co-Operation and Development’s (OECD) Recommendation for Further Combating Bribery of Foreign Public Officials, when the OECD marked the tenth anniversary of the entry into force of the OECD Anti-Bribery Convention.

These three releases, which comprise of two changes in the legal schemes by two of the world’s largest economic players and the proposal of one of the largest Non-Governmental Organizations (NGO) dedicated to ending corruption across the globe portend significant changes in how companies will be structured and transact business going forward in the new decade. This article will discuss the changes that companies, with any US or UK presence, will be required to implement. The initial post will be on the changes to the US Sentencing Guidelines; we will then consider the changes required by the UK Bribery Bill; and we will end with the recommendation as found in the OECD’s Recommendation for Further Combating Bribery of Foreign Public Officials.

via Changes Coming: US Sentencing Guidelines, UK Bribery Bill and the OECD on Facilitation Payments | Thomas Fox – JDSupra.

Video: US Secretary of State Hillary Rodham Clinton on OECD anti-corruption agenda

“The United States fully supports the OECD’s anti-corruption agenda,” said US Secretary of State Hillary Rodham Clinton in a video message to an OECD event in Paris. “We also are encouraging our major trading partners that have not yet acceded to the convention to join our efforts.”

via Governments agree to step up fight against bribery.

Facilitation Payments: A business integrity officer’s perspective – Ethical Corporation

More than thirty years after the inception of the United States Foreign Corrupt Practices Act of 1977 FCPA, twelve years after the signing of the Organization of Economic Cooperation and Development’s OECD Convention on Combating Bribery of 1997, and half a decade since the adoption of the United Nations Convention Against Corruption of 2004, one of the still grey areas in the anti-corruption debate is the topic of whether “facilitation payments” should be made.

Simply put, a facilitation payment is what is more colloquially referred to as a “grease” payment.

Some jurisdictions allow them, others forbid them and yet others don’t allow them but provide exceptions because of their intrinsically extortionate nature.

Indeed, the United Kingdom, still in the midst of debating the final form of its new anti-corruption law expected to be adopted in mid 2010, is yet to have settled the issue. On International Anti-Corruption Day, December 9, 2009, the OECD announced an expansion of the efforts of its 30 member countries and additional eight signatory nations with regard to its anti-corruption efforts.

via Facilitation Payments: A business integrity officer’s perspective – Ethical Corporation.