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The Organisation for Economic Cooperation and Development
("OECD") Working Group on Bribery recently published its
Phase 3 report "Implementing the OECD Anti-Bribery Convention
in the United Kingdom".
The report provides a comprehensive review of the current UK
response to its obligations regarding implement of the Anti-Bribery
Convention. It evaluates the effectiveness of the Bribery Act 2010
and the Government's published Guidance.
While the OECD does commend the UK on many points, including its
significant increase in foreign bribery actions, it sets out the
areas in which it finds the UK lacking. In summary the OECD main
concerns include:
There has been an increased use of civil recovery orders -
meaning that there is less judicial oversight and the civil
recovery process is much less transparent than criminal plea
agreements;
The OECD found that, due to the low levels of information
regarding settlements being made publicly available by UK
authorities, there cannot be a proper assessment of whether the
sanctions imposed are "effective, proportionate and
dissuasive";
The OECD found that UK Overseas Territories have been slow to
implement the convention and, as some are offshore financial
centres, this raises the risk that they are used to facilitate
corrupt transactions;
The OECD noted that while the Bribery Act 2010 Guidance to
Commercial Organisations has increased awareness of foreign bribery
issues it requires further clarification around
"reasonable and proportionate hospitality" and
"promotional expenditures" especially in regard to
industry norms; and
The OECD is concerned that the Serious Fraud Office has entered
into confidentiality agreements with defendants that prevent the
disclosure of key information after bribery and corruption cases
are settled which reduces public awareness of these matters and
transparency overall.
What is clear from the report is that the UK still has much work
to do to comply with the Convention, and that the Bribery Act is
not sufficient to comply. Businesses should note that the Guidance
may be reviewed in light of the report's recommendations and
compliance with the Bribery Act is an ongoing process.
The material contained in this article is of the nature of
general comment only and does not give advice on any particular
matter. Recipients should not act on the basis of the information
in this e-update without taking appropriate professional advice
upon their own particular circumstances.
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The Financial Times has reported that a review of the UK Bribery Act is set to be announced next month as the UK government seeks to reduce the cost of compliance for small- and medium-sized businesses.
We have pleasure in announcing the publication of our International Guide to Anti-corruption Laws, which provides an "at a glance" summary and comparison of the key criminal and administrative corruption offences in the 22 countries featured.
The Bribery Act has made the news again following the conviction of a would be taxi driver. Earlier this week, at Minshull Street Crown Court in Manchester, Mr Mawia Mushtaq became the second person convicted of an offence under the Bribery Act by attempting to bribe a Licensing Officer.
Rolls-Royce publically announced that it has provided information to the Serious Fraud Office in relation to bribery and corruption activities that have taken place overseas amongst its intermediaries.
The Crown Prosecution Service has announced that corporate manslaughter charges are to be brought against a mining company, under the Corporate Manslaughter Act 2007.
A discussion on when and if the Crown Prosecution Service should be able to take over and put a stop to private prosecutions.
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