Post europe – benchmark bribery legislation for europe – Postonline

European organisations breathed a sigh of relief on 20 July 2010 when the British Ministry of Justice announced a delay in the implementation of the UK Bribery Act. The act was due to come into force in October 2010, but will now be delayed until April 2011. Although it is tempting to view it this way, these extra few months should not offer a welcome rest bite period for businesses that are unsure how they will comply with the act.

The Bribery Act has struck fear into the hearts of many organisations that see financial incentives as an integral part of their work since it received Royal Assent in April 2010. The act replaces much, and codifies the remainder, of the various fragments of the UK’s existing anti-corruption legislation, dating back to 1889 with the Public Bodies Corrupt Practices Act. It heralds a new era in the UK’s fight against corruption by establishing distinct general criminal offences for those “offering” and those “accepting” bribes, a new offence for the failure of commercial organisations to prevent bribery by persons acting on their behalf and a discreet offence for those who bribe foreign public officials.

via Post europe – benchmark bribery legislation for europe – Postonline.

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.