Briefing: The Bribery Act and the Foreign and Corrupt Practices Act

The US Foreign and Corrupt Practices Act has served as the foundation for international efforts to confront bribery since its introduction in 1977 and has influenced the far-reaching scope of the UK's recent Bribery Act, in particular its approach to foreign corruption.  In key respects, however, the Bribery Act goes further than the FCPA: It addresses domestic bribery, criminalises facilitation payments, and broadens corporate criminal liability by creating a separate offence of failing to prevent bribery.  Many businesses will be subject to the jurisdiction of both the FCPA and the Bribery Act.  This briefing explains the key similarities and differences between the two regimes including, crucially, enforcement practices. We hope that it will serve as a useful tool in assessing your risk exposure and the efficacy of existing controls.

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