Britain Tackles BriberyBritain Tackles Bribery

1 September 2011

Kaiserštejnský Palace,

Malostranské nam. 23, Prague 1

Katie Schoultz

The UK Bribery Act

Roadmap

The UK Bribery Act What does it do? How will it be enforced? Inspirational or whacky?

Background

OECD Convention UK’s bad report card Response to criticism “FCPA on steroids”

What Does it Do? – 4 New Offences

Giving a bribe Taking a bribe Bribing a foreign public official

(all apply to both companies and individuals) Failing to prevent bribery

(applies to companies only, strict liability)

A Step Further than the Americans

Applies to anyone doing business in UK Zero tolerance approach - no grease

payments Private and public business deals are

caught

Casting a Wide Net

Failing to prevent bribery is a strict liability offence – defence of “adequate procedures”

Foreign Public Official is widely defined No grease payments allowed Corporate hospitality or criminal

kickback? Tax havens

Is it fair?

Meddling in other countries’ affairs? Or boxing clever? Self-cleaning Is it worth the risk?

Where will the Axe Fall?

Zero tolerance in the Act, prosecutor discretion in practice; no automatic exceptions, no bright lines

SFO’s plans SFO’s budget International co-operation Plea bargaining Easy targets

A Source of Inspiration?

Companies can be criminals in the UK Playing by the rules Virtue in vagueness The self-cleaning kettle Stoking debate

Any Questions?

Katie Schoultz

Schoultz & Partners, Law Office

schoultz@szps.eu

Tel: 603 451 079

www.schoultzpartners.eu