ADVISORY White Collar

Size: px
Start display at page:

Download "ADVISORY White Collar"

Transcription

1 ADVISORY White Collar March 31, 2010 THE CURRENT STATUS OF THE UK BRIBERY BILL Summary This memorandum summarises the current status of the UK Bribery Bill (the Bill ) and describes the bribery offences contained in the Bill. It also describes a number of likely future developments, including the likelihood of further material amendments and when the Bill is likely to be approved and become effective. Finally, this memorandum includes a brief discussion of the UK Government s Foreign Bribery Strategy, which was published in January The bribery offences and penalties in the Bill have not been substantially amended since the Bill was introduced in Parliament on 19 November Prior to becoming law, the Bill will be further debated in the House of Commons before being returned to the House of Lords so that the House of Lords can consider the amendments to the Bill that have been proposed by the House of Commons. The final Bill is unlikely to vary dramatically from the current version of the Bill. Once the two chambers have reached agreement on the Bill, it will receive Royal Assent. The Bill is expected to receive Royal Assent before the General Election in the United Kingdom, which must occur on or before 3 June The Bill is unlikely fully to come into force until the Autumn/Winter 2010 because the Government will be required after the Bill has received Royal Assent to issue guidance regarding the adequate procedures that companies and partnerships must adopt to prevent bribes being paid on their behalf and establish prosecutorial policies governing the Bill s implementation. Analysis Progress of the Bill Through Parliament The Bill was introduced in Parliament on 19 November 2009, at which time the Bill received its First Reading in the House of Lords. The Second Reading in the House of Lords occurred on 9 December 2009 and, thereafter, the Bill underwent a line-by-line examination during the Grand Committee Phase in January On 2 February 2010 the Bill underwent a further line-by-line BEIJING BRUSSELS LONDON NEW YORK SAN DIEGO SAN FRANCISCO SILICON VALLEY WASHINGTON

2 examination by the House of Lords in the Report Phase, after which the Bill was reprinted to incorporate a number of amendments agreed by the Members of the House of Lords. The amended Bill received its Third Reading in the House of Lords on 8 February The Bill was introduced in the House of Commons on 9 February 2010, at which time it received its First Reading. The Bill was debated for the first time by the Members of the House of Commons during the Bill s Second Reading on 3 March The Bill underwent a detailed examination during the recent House of Commons Committee Stage, which began on 16 March 2010 and ended on 23 March The Bill was reprinted on 24 March 2010 to incorporate a number of amendments made by the Public Bill Committee of the House of Commons. The Public Bill Committee has not yet announced a date for reporting its findings to the House of Commons. The Current Version of the Bill The current version of the Bill contains a number of amendments to previous versions of the Bill. First, the Bill has been amended to apply to Scotland. Second, the mechanism whereby the Secretary of State or, in urgent cases, another senior member of the Civil or Diplomatic Service could have pre-approved activity by the intelligence services and/or the armed forces that otherwise violates the provisions of the Bill has been deleted. Third, the scope of the defence for the intelligence services and/or the armed forces to give or receive an advantage otherwise prohibited by the Bill to achieve their legitimate functions has been altered. The bribery offences and penalty provisions of the Bill as introduced in Parliament on 19 November 2009 remain materially unchanged. 1. Giving and Receiving Bribes The Bill continues to make it an offence for a person to offer, promise or give an advantage to someone with the intention of inducing that person to behave improperly, as a reward for that person behaving in an improper manner or knowing or believing that the recipient s acceptance of the advantage would constitute improper behaviour. The offence continues expressly to apply to circumstances in which an agent is used to pay a bribe. Further, the Bill continues to prohibit the making of facilitation payments. The Bill also makes the recipients of bribes guilty of an offence if they request, agree to receive or accept an advantage (1) with the intention that they or another will behave improperly, (2) as a reward for them or another person behaving in an improper manner, (3) when the request, agreement or acceptance itself constitutes improper behaviour, or (4) when they or another person have/has behaved improperly either in anticipation or as a consequence of the request, 2

3 agreement to receive or acceptance of an advantage. Whether the advantage is for the benefit of the recipient and/or whether the recipient requested, agreed to receive or accepted the advantage directly is immaterial. In circumstances (2), (3) and (4), whether the recipient knows or believes that the behaviour in question was improper also is irrelevant. The test for improper behaviour under the Bill involves an assessment of whether the person performing the relevant function/activity was expected to perform it in good faith, expected to perform it impartially or was in a position of trust and, in turn, whether that person s performance was in breach of the relevant expectation. A relevant function/activity does not need to have a connection with the UK. The relevant expectation is what a reasonable person in the UK would expect. Local custom or practice would be disregarded unless the advantage that is given is permitted or required in writing by local legislation, the governing constitution or case law. An advantage continues to include both financial and other benefits. 2. Bribery of Foreign Public Officials The Bill retains a separate offence of bribing a foreign public official. A person will be guilty of this offence if he/she offers, promises or gives an advantage to a foreign public official that is not permitted or required to influence that person in his/her capacity as a foreign public official under the written constitution, legislation or case law of the official s country (or, in the case of an official of a public international organisation, the written rules of that organisation). Giving an advantage to another person with the official s permission, or at his or her request, also would constitute an offence. For this offence to be committed, the advantage would have to be intended to influence the person in his or her capacity as a foreign public official or obtain or retain business or some other advantage in the conduct of business. A person charged with the foregoing offence would not be permitted to claim a lack of knowledge that the foreign public official might act improperly. An intention to influence would be sufficient. The Bill defines a foreign public official to include those working for a foreign government and those working for international organisations. Such officials will be considered to have been influenced if they fail to exercise their official functions or seek to use their official position to a particular end, even if acting outside the scope of their authority when doing so. 3. Applicability of the Offences of Giving and Receiving Bribes or Bribing a Foreign Public Official The offences of giving and receiving bribes and bribing foreign public officials apply to UK companies, UK partnerships, UK citizens and individuals ordinarily resident in the UK regardless 3

4 of where the relevant act occurs. They also apply to non-uk nationals, companies and partnerships if an act or omission forming part of the offence takes place within the UK. 4. Failure of Commercial Organisations To Prevent Bribery The draft Bribery Bill that was published in March 2009 proposed the creation of a corporate offence of negligently failing to prevent bribery. Following pre-legislative scrutiny, it was decided that this should be recast as a strict liability offence. Consequently, the present version of the Bill would make companies and partnerships strictly liable for their failure to prevent bribes being paid on their behalf. This corporate/partnership offence created by the Bill would be committed if a person who is performing services on behalf of a company or partnership bribes another person with the intent of obtaining or retaining business or obtaining some other advantage in the conduct of business for the company/partnership and the company/partnership did not have adequate procedures to prevent people performing services on its behalf from engaging in bribery. The Bill requires the Government to publish guidance on the procedures that commercial organisations should consider adopting to prevent persons associated with them from committing bribery. For the purpose of the foregoing offence, in what capacity a person acts on behalf of a company or partnership would be immaterial. The Bill creates a rebuttable presumption that an employee has acted on behalf of his/her employer. In other circumstances, this issue will be determined from an assessment of all relevant circumstances, not merely the nature of the relationship between the person and the company or partnership. For a company or partnership to be held to be liable for failing to prevent bribery, the employee or agent who or subsidiary that actually offered or gave the bribe would not have to be charged with or be convicted of bribery. The prosecution would have to demonstrate only that the employee, agent or subsidiary promised, offered or gave a bribe. The offence of failing to prevent bribery will apply to all companies and partnerships that carry on any part of their business in the UK, whether they are incorporated in the UK or elsewhere. 5. Criminal Liability of Senior Management Directors, managers, corporate secretaries and other similar officers of companies and partnerships who consent to or assist in the commission of a bribery offence by their company or partnership will continue to face personal criminal liability provided they have a close connection to the UK (e.g., they are a British citizen or are ordinarily resident in the UK). 4

5 6. Penalties The maximum penalty for having committed one of the bribery offences in the Bill is ten years imprisonment and an unlimited fine for an individual and an unlimited fine for a company or partnership. Further Steps and Prognosis Before being submitted for Royal Assent, the Bill must undergo a Report Stage in the House of Commons. This stage provides a further opportunity for amendments. Although a date for the Report Stage has not yet been announced, it is likely to occur in an accelerated manner shortly after the Easter recess in April The Bill then will undergo a Third Reading in the House of Commons. Both Houses of Parliament must agree on the exact wording of the Bill. As the Public Bill Committee has amended the Bill that was approved by the House of Lords, the Bill will have to be returned to the House of Lords so that the Members of the House of Lords can review the amendments. While several provisions of the Bill are likely to be debated further in the House of Commons, it is unlikely that the final version of the Bill will vary dramatically from the current version. Once the wording of the Bill has been finalised, the Bill will receive Royal Assent and become an Act of Parliament. The best current estimate for completion of this step is mid-april 2010 and, in any event, prior to the General Election that is scheduled to occur on or before 3 June The date on which the Bill will enter into force is less certain. The Bill has cross-party support and its implementation is therefore unlikely to be impeded by any change of Government following the General Election. Prior to coming into force, however, the Government will be required to issue guidance regarding the adequate procedures that companies and partnerships will have to adopt to guard against the corporate offence of failing to prevent bribery and establish the prosecutorial policies that are to govern the Bill s implementation. We understand that the development of guidance and prosecutorial policies is at an early stage. An implementation date of the Autumn/Winter 2010 currently is being discussed within the Serious Fraud Office, which will be the lead UK enforcement agency under the Bill. Whether the Government will be able to complete those tasks by the Autumn/Winter 2010 remains, of course, to be seen. 5

6 There has been some discussion concerning the desirability of implementing the Bill in stages to allow companies to implement adequate procedures ahead of the Bill s coming into force. If a phased approach to implementation ultimately is taken, some provisions of the Bill are likely to be implemented in June 2010 and the remaining provisions are likely to be implemented in the Autumn/Winter Other Pertinent Recent Developments In January 2010, the UK Government published its UK Foreign Bribery Strategy (the Strategy ). The Strategy describes several government initiatives to reduce the involvement of UK nationals and companies in foreign bribery. The Strategy seeks to build on the Government's anti-corruption work over the past three years. In particular, the Strategy aims to pursue Royal Assent for the Bill and coordinate the Bill s implementation by law enforcement and prosecuting authorities; encourage and support ethical business by raising awareness within key industry sectors and promoting self-reporting and remedial action; enforce the law against foreign bribery by enhancing mechanisms for intelligence gathering and detection as well as developing more effective structures for case allocation and crossagency collaboration; and reduce the demand for bribes through international cooperation and capacity building. If you have any questions concerning the material discussed in this client alert, please contact the following members of our white collar practice group: John Rupp +44.(0) Alexandra Melia +44.(0) This information is not intended as legal advice. Readers should seek specific legal advice before acting with regard to the subjects mentioned herein. Covington & Burling LLP, an international law firm, provides corporate, litigation and regulatory expertise to enable clients to achieve their goals. This communication is intended to bring relevant developments to our clients and other interested colleagues. Please send an to if you do not wish to receive future s or electronic alerts Covington & Burling LLP, 265 Strand, London WC2R 1BH. All rights reserved. 6

SEMGROUP CORPORATION. Anti-Corruption Compliance Policy August, 2011

SEMGROUP CORPORATION. Anti-Corruption Compliance Policy August, 2011 SEMGROUP CORPORATION Anti-Corruption Compliance Policy August, 2011 SCOPE This is a global policy (the Policy ) applicable to the worldwide operations of SemGroup Corporation ("SemGroup") and all of its

More information

E-ALERT Anti-Corruption

E-ALERT Anti-Corruption E-ALERT Anti-Corruption November 6, 2014 DRAFT AMENDMENTS TO CHINA S CRIMINAL LAW WOULD BROADEN LEGAL TOOLS IN FIGHT AGAINST CORRUPTION On November 3, 2014, China s legislature released for public comment

More information

THE LAW ON BRIBERY AND CORRUPTION IN IRELAND

THE LAW ON BRIBERY AND CORRUPTION IN IRELAND THE LAW ON BRIBERY AND CORRUPTION IN IRELAND Overview Corruption is defined in the Department of Justice s White Paper on White Collar Crime as the misuse of public entrusted power for private gain. Bribery,

More information

Corporate Code of Conduct

Corporate Code of Conduct Corporate Code of Conduct Statement of Policy. It is the policy of Casa Mining Limited (the "Company") that all of its officers, directors, employees, contractors, consultants and agents representing the

More information

China Amends Criminal Law: Impact on Anti-Bribery Enforcement

China Amends Criminal Law: Impact on Anti-Bribery Enforcement China Amends Criminal Law: Impact on Anti-Bribery Enforcement Anti-Corruption On August 29, 2015, the Standing Committee of China s National People s Congress ( the NPC ) adopted a slate of amendments

More information

A Comparison of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act

A Comparison of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act October 2010 A Comparison of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act BY MICHELLE DUNCAN, PALMINA FAVA & SAMANTHA KAKATI Introduction The U.S. is the global leader in enforcing anti-corruption

More information

E-ALERT Energy and Natural Resources

E-ALERT Energy and Natural Resources E-ALERT Energy and Natural Resources October 3, 2014 UK ISSUES PROPOSED RULE TO IMPLEMENT EU EXTRACTIVE AND LOGGING INDUSTRY REPORTING REQUIREMENTS The UK Government recently announced the publication

More information

CARDINAL RESOURCES LLC INTRODUCTION

CARDINAL RESOURCES LLC INTRODUCTION CARDINAL RESOURCES LLC ANTI- BRIBERY AND ANTI- CORRUPTION POLICY INTRODUCTION The purpose of this Anti- bribery and Anti- corruption Policy (the "Policy") is to ensure compliance by the Red Bird Group

More information

ANTI-CORRUPTION AND ANTI-BRIBERY POLICY

ANTI-CORRUPTION AND ANTI-BRIBERY POLICY COMPLIANCE 18.0 ANTI-CORRUPTION AND ANTI-BRIBERY POLICY I. SCOPE This policy applies to all directors, officers, employees, agents, and shareholders of UHS of Delaware, Inc. (hereafter, UHS ), its subsidiaries

More information

HILLENBRAND, INC. AND SUBSIDIARIES. Global Anti-Corruption Policy Statement and Compliance Guide

HILLENBRAND, INC. AND SUBSIDIARIES. Global Anti-Corruption Policy Statement and Compliance Guide HILLENBRAND, INC. AND SUBSIDIARIES Global Anti-Corruption Policy Statement and Compliance Guide Hillenbrand, Inc., including all of its subsidiaries (referred to collectively as the Company ), maintains

More information

DRAFT. Anti-Bribery and Anti-Corruption Policy. Introduction. Scope. 1. Definitions

DRAFT. Anti-Bribery and Anti-Corruption Policy. Introduction. Scope. 1. Definitions DRAFT Change History: Anti-Bribery and Anti-Corruption Policy Control Risks Group Ltd Commercial in confidence Introduction This document defines Control Risks policy on the avoidance of bribery and corruption.

More information

Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy

Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy 1. Introduction. Platform Specialty Products Corporation Foreign Corrupt Practices Act/Anti-Corruption Policy 1.1 Combating Corruption. Platform Specialty Products Corporation, including its subsidiaries,

More information

Bribery Policy. Policy description:

Bribery Policy. Policy description: Bribery Policy Policy description: This purpose of this document is to set out the College policy in relation to Bribery. The policy also outlines the College s approach to gifts received by the College

More information

Anti-Bribery and Corruption Policy

Anti-Bribery and Corruption Policy Newcrest strictly prohibits bribery and other unlawful or improper payments made to any individual or entity, as outlined in this Anti-Bribery & Corruption Policy. Newcrest's Anti- Bribery & Corruption

More information

ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY

ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY Issued: November 12, 2013 ANTI-BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY SCOPE This policy applies to all Magnetek, Inc. ( Magnetek ) employees, its subsidiaries and affiliates worldwide,

More information

ADVISORY Investment Management

ADVISORY Investment Management ADVISORY Investment Management FINANCIAL SERVICES REGULATORY REFORM LEGISLATION REGISTRATION OF ADVISERS TO PRIVATE INVESTMENT FUNDS March 16, 2010 On December 11, 2009, the U.S. House of Representatives

More information

Serious Economic Crime A boardroom guide to prevention and compliance

Serious Economic Crime A boardroom guide to prevention and compliance Published by White Page Ltd in association with the Serious Fraud Office Serious Economic Crime A boardroom guide to prevention and compliance With contributions from leading advisers and featuring introductions

More information

CC255 C O R P O R A T E. Altus FCPA Policy. Last revised: 12 October 2010

CC255 C O R P O R A T E. Altus FCPA Policy. Last revised: 12 October 2010 CC255 Altus FCPA Policy Last revised: 12 October 2010 C O R P O R A T E Foreign Corrupt Practices Act Policy Purpose The purpose of this Policy is to ensure compliance by Altus and its directors, officers,

More information

MATTHEWS INTERNATIONAL CORPORATION

MATTHEWS INTERNATIONAL CORPORATION MATTHEWS INTERNATIONAL CORPORATION U.S. FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY INTRODUCTION Principles Underlying the United States Foreign Corrupt Practices Act ( FCPA ). The FCPA s Anti-Bribery

More information

Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010

Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010 Presentation to CIPS Financial Services Purchasing Procurement Forum Bribery Act 2010 Angela Pearson ABU DHABI BRUSSELS DUBAI FRANKFURT HONG KONG LONDON MADRID MILAN MUNICH NEW YORK PARIS ROME SINGAPORE

More information

THE BRIBERY ACT2010. Quick start guide

THE BRIBERY ACT2010. Quick start guide THE BRIBERY ACT2010 Quick start guide The Bribery Act 2010 modernises the law on bribery. It comes into force on 1 July 2011. This document offers a quick guide to the things you need to know to prepare

More information

What You Need to Know About the FCPA

What You Need to Know About the FCPA What You Need to Know About the FCPA May 12, 2016 Richard E. Weiner Fredrikson & Byron, P.A. Understanding The Legal Risks The FCPA prohibits: Improper payments and other practices in connection with overseas

More information

ANTI-BRIBERY POLICY. Introduction

ANTI-BRIBERY POLICY. Introduction ANTI-BRIBERY POLICY Introduction The trust that Royal Mail enjoys from its customers is one of its key assets. We all need to work to make sure that we do everything we can to protect that asset that has

More information

Corruption of Foreign Public Officials Act

Corruption of Foreign Public Officials Act www.pwc.com/ca/forensics Corruption of Foreign Public Officials Act PwC Forensic Services February, 2012 Corruption of Foreign Public Officials Act Canada's Corruption of Foreign Public Officials Act (

More information

BBC. Anti-Bribery Policy. June 2011

BBC. Anti-Bribery Policy. June 2011 BBC Anti-Bribery Policy June 2011 CONTENTS CLAUSE 1. Anti-Bribery Policy statement... 1 2. Who is covered by the policy?... 2 3. What is bribery?... 2 4. Gifts and hospitality... 3 5. Gifts and hospitality

More information

Fraud, Waste and Abuse Prevention and Education Policy

Fraud, Waste and Abuse Prevention and Education Policy Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state

More information

Complying with the U.S. Foreign Corrupt Practices Act

Complying with the U.S. Foreign Corrupt Practices Act Complying with the U.S. Foreign Corrupt Practices Act 1. About This Manual This Manual describes the Foreign Corrupt Practices Act ( FCPA ), 15 U.S.C. 78m, 78dd, 78ff (collectively, FCPA ), anti-corruption

More information

The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act

The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act 362 The Company Lawyer The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act BrigidBreslin * Partner, McDermott Will& Emery LLP DoronEzickson ** Partner, McDermott Will& Emery

More information

The UK Bribery Act 2010: The International Compliance Challenge

The UK Bribery Act 2010: The International Compliance Challenge The UK Bribery Act 2010: The International Compliance Challenge Anne Davies & Christopher Coffin Thursday, 11 April 2013 Baku, Azerbaijan Corruption Related Terms bribery - giving or receiving something

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly

More information

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007 VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE

More information

LAUREATE ANTI-CORRUPTION POLICY

LAUREATE ANTI-CORRUPTION POLICY LAUREATE ANTI-CORRUPTION POLICY Laureate Anti-Corruption Policy 1.0 PURPOSE AND BACKGROUND This Anti-Corruption Policy establishes basic standards and a framework for the prevention and detection of bribery

More information

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange

More information

ANTI BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY

ANTI BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY ANTI BRIBERY AND FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY THIS POLICY DOES NOT CREATE A CONTRACT OF EMPLOYMENT OR ALTER THE AT WILL NATURE OF ANY EMPLOYEE S EMPLOYMENT IN ANY WAY. 1. Statement of

More information

Consumers International Anti-Corruption and Bribery Policy

Consumers International Anti-Corruption and Bribery Policy Consumers International Anti-Corruption and Bribery Policy Date of policy: October 2015 Policy approved by: Council Person responsible for policy: The Treasurer s Committee has overall responsibility.

More information

Foreign Corrupt Practices Act Summary and Policy

Foreign Corrupt Practices Act Summary and Policy I. Introduction/Overview Foreign Corrupt Practices Act Summary and Policy It is the policy of Cantel Medical Corp. and its subsidiaries (the Company ) to comply with all applicable laws, rules and regulations,

More information

ADMINISTRATIVE POLICY MANUAL

ADMINISTRATIVE POLICY MANUAL SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil

More information

The Foreign Corrupt Practices Act: A Primer. Mark Srere Paul Huey-Burns Anita Esslinger May 12, 2011

The Foreign Corrupt Practices Act: A Primer. Mark Srere Paul Huey-Burns Anita Esslinger May 12, 2011 The Foreign Corrupt Practices Act: A Primer Mark Srere Paul Huey-Burns Anita Esslinger May 12, 2011 Today's Presenters Anita Esslinger Paul Huey-Burns Mark Srere 2 Topics of Discussion Relevance Overview

More information

E-ALERT Privacy & Data Security

E-ALERT Privacy & Data Security E-ALERT Privacy & Data Security September 30, 2013 OVERVIEW OF RECENT CALIFORNIA PRIVACY ENACTMENTS & IMPACT The California legislature recently has passed four privacy-related bills. The following provides

More information

Fraud and the Government Internal Auditor

Fraud and the Government Internal Auditor Fraud and the Government Internal Auditor January 2012 Fraud and the Government Internal Auditor January 2012 Official versions of this document are printed on 100% recycled paper. When you have finished

More information

Schools Bulletin Spring 2011

Schools Bulletin Spring 2011 Page 1 Schools Bulletin Spring 2011 Serena Hedley-Dent and Hannah Armit April 2011 Education Bill Vetting and Barring Scheme ( VBS ) Remodelling Review Review of the criminal records regime in England

More information

Foreign Corrupt Practices Act Policy August 19, 2015

Foreign Corrupt Practices Act Policy August 19, 2015 I. PURPOSE To provide guidelines to all officers, directors, employees, consultants and agents that are employed by the Company to ensure compliance with the Foreign Corrupt Practices Act of the United

More information

Anti-Bribery & Corruption. FX Plus Policy & Code of Conduct, Issue 1

Anti-Bribery & Corruption. FX Plus Policy & Code of Conduct, Issue 1 Anti-Bribery & Corruption FX Plus Policy & Code of Conduct, Issue 1 (Approved by the Senior Executive Team, December 2011) FX Plus Bribery Policy & Code of Conduct Page 1 Table of Contents 1. Definition

More information

LANTHEUS HOLDINGS, INC. Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy

LANTHEUS HOLDINGS, INC. Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy LANTHEUS HOLDINGS, INC. Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy 1. Introduction. Applicability. This Foreign Corrupt Practices Act and Anti-Bribery Compliance Policy (this Policy

More information

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Businesses (Credit Information) Regulations 2015

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Businesses (Credit Information) Regulations 2015 Draft Regulations to illustrate the Treasury s current intention as to the exercise of powers under clause 4 of the the Small Business, Enterprise and Employment Bill. D R A F T S T A T U T O R Y I N S

More information

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse

More information

3. Structuring your company in the UK

3. Structuring your company in the UK 3. Structuring your company in the UK 3.1 Making sure the law is on your side The legal framework governing company registration in the UK The primary legislation governing the incorporation and registration

More information

The board of directors of a company is primarily responsible for:

The board of directors of a company is primarily responsible for: The board of directors of a company is primarily responsible for: Determining the company s strategic objectives and policies. Monitoring progress towards achieving the objectives and policies. Appointing

More information

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) (Original Enactment: Act 19 of 1993) REVISED EDITION 2007 (31st July 2007) An Act to make provision for securing computer material against unauthorised

More information

Administrative Policy No. AD 2.26 Title:

Administrative Policy No. AD 2.26 Title: I. SCOPE: Administrative Policy No. AD 2.26 Page: 1 of 5 This policy applies to all directors, officers, employees, agents, and shareholders of Tenet Healthcare Corporation, its subsidiaries and/or affiliates

More information

MUELLER INDUSTRIES, INC. ANTICORRUPTION POLICY

MUELLER INDUSTRIES, INC. ANTICORRUPTION POLICY MUELLER INDUSTRIES, INC. ANTICORRUPTION POLICY THIS POLICY HAS BEEN APPROVED BY THE BOARD OF DIRECTORS OF MUELLER INDUSTRIES, INC. ON FEBRUARY 11, 2010 AND IS APPLICABLE TO ALL DIRECTORS, OFFICERS, EMPLOYEES,

More information

Anti-Bribery and Corruption Policy (including Gifts and Hospitality)

Anti-Bribery and Corruption Policy (including Gifts and Hospitality) Anti-Bribery and Corruption Policy (including Gifts and Hospitality) Royal Mail Group has a strict zero tolerance policy towards bribery and corruption. This policy sets out the standards of behaviour

More information

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Business (Finance Platforms) Regulations 2015

2015 No. 0000 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Business (Finance Platforms) Regulations 2015 Draft Regulations to illustrate the Treasury s current intention as to the exercise of powers under clause 5 of the Small Business, Enterprise and Employment Bill. D R A F T S T A T U T O R Y I N S T R

More information

Combating Bribery of Foreign Officials

Combating Bribery of Foreign Officials Combating Bribery of Foreign Officials What are bribery and corruption? Bribery is a serious offence concerning the practice of offering something (usually money) in order to gain an illicit advantage.

More information

Fire Safety Policy Directive ENFORCEMENT POLICY STATEMENT. Index. 1. Introduction. 2. Advice and Guidance. 3. The Purpose and Method of Enforcement

Fire Safety Policy Directive ENFORCEMENT POLICY STATEMENT. Index. 1. Introduction. 2. Advice and Guidance. 3. The Purpose and Method of Enforcement Fire Safety Policy Directive ENFORCEMENT POLICY STATEMENT Index 1. Introduction 2. Advice and Guidance 3. The Purpose and Method of Enforcement 4. The Principles of Enforcement 5. Audit and Inspection

More information

ANTI-BRIBERY POLICY. Date approved: 19.1.2016 Date of next review: Spring 2018

ANTI-BRIBERY POLICY. Date approved: 19.1.2016 Date of next review: Spring 2018 ANTI-BRIBERY POLICY Date approved: 19.1.2016 Date of next review: Spring 2018 Responsible Governance committee: Resources Responsible person: Business Manager Page 1 of 16 Contents Section Page Number

More information

A Summary of U.S. Law Against the Bribery of Foreign Officials:

A Summary of U.S. Law Against the Bribery of Foreign Officials: Fall Winter 2005 A Summary of U.S. Law Against the Bribery of Foreign Officials: The U.S. Foreign Corrupt Practices Act The U.S. Foreign Corrupt Practices Act (the FCPA ) prohibits corrupt payments to

More information

CORPORATE CRIME, FRAUD AND INVESTIGATIONS

CORPORATE CRIME, FRAUD AND INVESTIGATIONS PRACTICAL LAW MULTI-JURISDICTIONAL GUIDE 2012/13 The law and leading lawyers worldwide Essential legal questions answered in key jurisdictions FULL GUIDE AVAILABLE AT WWW.PRACTICALLAW.COM/CORPORATECRIME-MJG

More information

Worldwide Anti-Corruption Policy

Worldwide Anti-Corruption Policy Worldwide Anti-Corruption Policy I. PURPOSE The laws of most countries make the payment or offer of payment or even receipt of a bribe, kickback or other corrupt payment a crime, subjecting both Eaton

More information

Federal and State Laws Relating to False Claims and False Statements

Federal and State Laws Relating to False Claims and False Statements Federal and State Laws Relating to False Claims and False Statements The federal False Claims Act, the federal Program Fraud Civil Remedies Act, New York State's False Claims Act and certain other New

More information

ADVISORY Private Funds

ADVISORY Private Funds ADVISORY Private Funds BEIJING BRUSSELS LONDON NEW YORK SAN DIEGO SAN FRANCISCO SILICON VALLEY WASHINGTON www.cov.com November 14, 2011 SEC ADOPTS FINAL RULES REQUIRING REPORTING BY PRIVATE FUND ADVISERS

More information

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT

COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT COLLINS FOODS LIMITED (the COMPANY) CODE OF CONDUCT 1. Introduction The Company is committed to maintaining ethical standards in the conduct of its business activities. The Company's reputation as an ethical

More information

Practice Note. 12(Revised) September 2010 MONEY LAUNDERING GUIDANCE FOR AUDITORS ON UK LEGISLATION

Practice Note. 12(Revised) September 2010 MONEY LAUNDERING GUIDANCE FOR AUDITORS ON UK LEGISLATION September 2010 Practice Note 12(Revised) MONEY LAUNDERING GUIDANCE FOR AUDITORS ON UK LEGISLATION The Auditing Practices Board (APB), which is part of the Financial Reporting Council (FRC), prepares for

More information

GIFTS AND HOSPITALITY POLICY (Managing Gifts, ex-gratia payments and conflicts of interest)

GIFTS AND HOSPITALITY POLICY (Managing Gifts, ex-gratia payments and conflicts of interest) GIFTS AND HOSPITALITY POLICY (Managing Gifts, ex-gratia payments and conflicts of interest) Date of last review: November 2013 Review period: 3years Date of next review: November 2016 Owner: Head of Finance

More information

Anti-Bribery and Corruption Policy for Independent Service Providers

Anti-Bribery and Corruption Policy for Independent Service Providers TITLE Anti-Bribery and Corruption Policy for Independent Service Providers Objective To ensure that all independent persons (sometimes called third parties ) providing services to Trinity College London

More information

Securities Litigation Alert The Foreign Corrupt Practices Act: The Next Corporate Scandal?

Securities Litigation Alert The Foreign Corrupt Practices Act: The Next Corporate Scandal? Securities Litigation Alert The Foreign Corrupt Practices Act: The Next Corporate Scandal? January 28, 2008 by christopher j. steskal As the stock option backdating cases wind down, what will be the next

More information

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely

More information

Corporate Anti-Bribery Policy

Corporate Anti-Bribery Policy Corporate Anti-Bribery Policy 1 Anti-Bribery Policy statement Bribery is both a criminal offence and bad business. Not only can individuals be guilty of an offence but a company can be prosecuted if it

More information

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) ACT 1996 (As it has effect at 1st June 1999)

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) ACT 1996 (As it has effect at 1st June 1999) (As it has effect at 1st June 1999) Copyright Treasury of the Isle of Man Crown Copyright reserved The text of this legislation is subject to Crown Copyright protection. It may be copied free of charge

More information

By Directors, Officers and Employees of Hellaby Holdings Limited and its Subsidiaries ( The Company )

By Directors, Officers and Employees of Hellaby Holdings Limited and its Subsidiaries ( The Company ) Code of Conduct for Securities Trading ( Code ) By Directors, Officers and Employees of Hellaby Holdings Limited and its Subsidiaries ( The Company ) Approved by the Board: 10 May 2013 1. Introduction

More information

Financial Advisers (Amendment) Bill

Financial Advisers (Amendment) Bill Financial Advisers (Amendment) Bill Bill No. 15/2015. Read the first time on 11 May 2015. A BILL intituled An Act to amend the Financial Advisers Act (Chapter 110 of the 2007 Revised Edition). Be it enacted

More information

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:

More information

Share with a colleague. 27 June 2012 London. Contact. Graham More Partner +44 20 7466 2002. Susannah Cogman Partner +44 20 7466 2580

Share with a colleague. 27 June 2012 London. Contact. Graham More Partner +44 20 7466 2002. Susannah Cogman Partner +44 20 7466 2580 Page 1 of 5 Transparency International issues Anti-Bribery guidance on due diligence for Transactions Transparency International ("TI") has issued guidance for anti-bribery due diligence in mergers, acquisitions

More information

NCI BUILDING SYSTEMS, INC. FOREIGN CORRUPT PRACTICES ACT POLICY STATEMENT AND COMPLIANCE GUIDE

NCI BUILDING SYSTEMS, INC. FOREIGN CORRUPT PRACTICES ACT POLICY STATEMENT AND COMPLIANCE GUIDE NCI BUILDING SYSTEMS, INC. FOREIGN CORRUPT PRACTICES ACT POLICY STATEMENT AND COMPLIANCE GUIDE Introduction The Foreign Corrupt Practices Act as amended by the International Anti-bribery and Fair Competition

More information

North Shore LIJ Health System, Inc.

North Shore LIJ Health System, Inc. North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office

More information

Quick Reference Guide 4: Anticorruption Laws of Russia

Quick Reference Guide 4: Anticorruption Laws of Russia Quick Reference Guide 4: Anticorruption Laws of Russia 11 Anticorruption Laws of Russia The Anticorruption Legislation...1 Corruption...1 Public Official, Foreign Public Official, Corporate Officer...2

More information

0 HealthAlliance. of the ~udsoti vallevtm J / YOUR PARTNERS IN HEALTH

0 HealthAlliance. of the ~udsoti vallevtm J / YOUR PARTNERS IN HEALTH 0 HealthAlliance of the ~udsoti vallevtm J / YOUR PARTNERS IN HEALTH Policy: Compliance with Applicable Federal and State False Claims Acts Initiated: January 1,2010 Reviewed: Revised: Reference: Responsible

More information

Securities Dealing Policy

Securities Dealing Policy Annexure C Securities Dealing Policy Scope and Purpose The Securities Dealing Policy ( Policy ) of Advanced Surgical Design & Manufacture Limited ( ASDM ) regulates Dealings by Employees in Securities.

More information

Corporate Legal Alert

Corporate Legal Alert Corporate Legal Alert Trading disclosures for companies: more new rules On 1 October 2008, UK companies will be subject to revised trading disclosure requirements under the Companies Act 2006 and the Companies

More information

THE BRIBERY ACT2010. Guidance

THE BRIBERY ACT2010. Guidance THE BRIBERY ACT2010 Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010) THE BRIBERY

More information

2015 No. 1945 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Business (Credit Information) Regulations 2015

2015 No. 1945 FINANCIAL SERVICES AND MARKETS. The Small and Medium Sized Business (Credit Information) Regulations 2015 S T A T U T O R Y I N S T R U M E N T S 2015 No. 1945 FINANCIAL SERVICES AND MARKETS The Small and Medium Sized Business (Credit Information) Regulations 2015 Made - - - - 26th November 2015 Coming into

More information

EAGLE PARENT, INC EPICOR SOFTWARE CORPORATION ACTIVANT SOLUTIONS, INC. UK ANTI-BRIBERY AND CORRUPTION POLICY. (As Adopted July 2011)

EAGLE PARENT, INC EPICOR SOFTWARE CORPORATION ACTIVANT SOLUTIONS, INC. UK ANTI-BRIBERY AND CORRUPTION POLICY. (As Adopted July 2011) EAGLE PARENT, INC EPICOR SOFTWARE CORPORATION ACTIVANT SOLUTIONS, INC. UK ANTI-BRIBERY AND CORRUPTION POLICY (As Adopted July 2011) Introduction This UK Anti-Bribery and Corruption Policy ( Policy ) is

More information

CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015

CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015 GOLDFIELDS MONEY LIMITED ACN 087 651 849 CODE OF CONDUCT as adopted by the Board of Directors on 20 February 2015 1. Purpose This Code of Conduct (Code) clearly states the standards of responsibility and

More information

A Guide to Transactions Involving Directors. www.odce.ie

A Guide to Transactions Involving Directors. www.odce.ie A Guide to Transactions Involving Directors www.odce.ie COPYRIGHT STATEMENT The contents of this document are the copyright of the Director of Corporate Enforcement. Nothing herein should be construed

More information

Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement

Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement Michael V. Seitzinger Legislative Attorney October 21, 2010 Congressional Research Service CRS Report for Congress

More information

Anti-Bribery and Corruption Policy POLYMETAL GROUP

Anti-Bribery and Corruption Policy POLYMETAL GROUP APPROVED by the Board of Directors of Polymetal International Plc Anti-Bribery and Corruption Policy POLYMETAL GROUP (as amended by a resolution of the Board of Directors of Polymetal International plc

More information

The Bribery Act 2010 Raising the Bar above the US Foreign Corrupt Practices Act

The Bribery Act 2010 Raising the Bar above the US Foreign Corrupt Practices Act The Bribery Act 2010 Raising the Bar above the US Foreign Corrupt Practices Act 10 September 2010 Boston Brussels Chicago Düsseldorf Houston London Los Angeles Miami Milan Munich New York Orange County

More information

Briefing 43. The Corporate Manslaughter and Corporate Homicide Act 2007. NHS Employers. Background. Key points

Briefing 43. The Corporate Manslaughter and Corporate Homicide Act 2007. NHS Employers. Background. Key points March 2008 Briefing 43 The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) comes into effect on 6 April 2008. The Act aims to ensure that organisations are held to account when a death has

More information

Proposed Culpable Homicide (Scotland) Bill

Proposed Culpable Homicide (Scotland) Bill Proposed Culpable Homicide (Scotland) Bill UNISON Scotland s Response to Proposals to amend the law of Culpable Homicide in Scotland March 2015 INTRODUCTION UNISON is Scotland s largest trade union representing

More information

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10 Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:

More information

MACLEAN-FOGG COMPANY FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY

MACLEAN-FOGG COMPANY FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY MACLEAN-FOGG COMPANY FOREIGN CORRUPT PRACTICES ACT COMPLIANCE POLICY MacLean-Fogg s corporate policy prohibits all improper or unethical payments to government officials anywhere in the world. This is

More information

FOREIGN CORRUPT PRACTICES ACT AND ANTI-CORRUPTION COMPLIANCE POLICY. Adopted April 30, 2014

FOREIGN CORRUPT PRACTICES ACT AND ANTI-CORRUPTION COMPLIANCE POLICY. Adopted April 30, 2014 FOREIGN CORRUPT PRACTICES ACT AND ANTI-CORRUPTION COMPLIANCE POLICY Adopted April 30, 2014 134782_1 TABLE OF CONTENTS I. POLICY STATEMENT... 1 II. KEY TERMS... 2 III. SCOPE AND APPLICABILITY OF THIS POLICY...

More information

Criminal Code Amendment (Cluster Munitions Prohibition) Act 2012

Criminal Code Amendment (Cluster Munitions Prohibition) Act 2012 Criminal Code Amendment (Cluster Munitions Prohibition) Act 2012 No. 114, 2012 An Act to criminalise some acts involving certain munitions, and for related purposes An electronic version of this Act is

More information

Foreign Corrupt Practices Act:

Foreign Corrupt Practices Act: Foreign Corrupt Practices Act: A Guide to U.S. Anti-Bribery Law Roger J. Magnuson 1 1 Guide to U.S. Anti-Bribery Law Foreign Corrupt Practices Act Three Components to this Presentation: Overview of the

More information

MICHAEL HILL INTERNATIONAL LIMITED SECURITIES TRADING POLICY AND GUIDELINES

MICHAEL HILL INTERNATIONAL LIMITED SECURITIES TRADING POLICY AND GUIDELINES MICHAEL HILL INTERNATIONAL LIMITED SECURITIES TRADING POLICY AND GUIDELINES This policy applies to all Directors, officers and employees of Michael Hill International Limited and its subsidiaries in New

More information

Management Liability Policy

Management Liability Policy Management Liability Policy Summary of cover November 2015 edition Why choose AXA s Management liability policy? The Management liability policy is available to any UK registered business excluding those

More information

Business Ethics Policy

Business Ethics Policy Business Ethics Policy Page 1 of 12 Preface and document control This document is intended to provide information in respect of G4S Group Head Office policy, procedure, standards or guidance and will be

More information

Intercontinental Exchange, Inc. Global Anti-Bribery Policy

Intercontinental Exchange, Inc. Global Anti-Bribery Policy Intercontinental Exchange, Inc. Global Anti-Bribery Policy 20140923 1. Policy Intercontinental Exchange, Inc. (ICE), and all subsidiaries and entities controlled by it (collectively, the Company ), is

More information

VNSNY CORPORATE. DRA Policy

VNSNY CORPORATE. DRA Policy VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES

More information

Explanatory Paper TPB(EP) 03/2010

Explanatory Paper TPB(EP) 03/2010 Explanatory Paper TPB(EP) 03/2010 Professional Indemnity Insurance This TPB explanatory paper (TPB(EP)) is intended as information only. It provides a detailed explanation of the Board s professional indemnity

More information