Bribery: A Compliance Handbook

ISBN-13: 9781780433288 / Angielski / Miękka / 2014 / 426 str.

Raj Chada; Christopher Sallon; Sam Tate

Opis

Bribery: A Compliance Handbook is a practical guide to regulation in relation to corrupt practices in the UK. The book considers the safeguards and practical measures that organizations, company directors, and compliance officers should put in place to prevent prosecution or regulatory action. The book is a reference point for those concerned with regulation of potentially corrupt activities. It covers the current bribery legislation in the UK, as well as the domestic and international context within which it was enacted. It reviews each of the principle offenses and considers some case studies and issues that affect particular sectors. The emphasis of the book is on preventative matters rather than defending subsequent prosecutions and will appeal not just to lawyers, but to compliance officers, non-executive directors, and others who are required to be aware of the provisions. Contents include: the global legal context * the background to British bribery legislation * the UK Bribery Act * active bribery * receipt of bribes * bribery of corrupt foreign public officials * the corporate offense of failing to prevent bribes * an overview of 'adequate procedures' in practice * a case study: Lord Goldsmith on significance of the UK Bribery Act and guidance for company managers * a case study: corporate hospitality, the civil law of bribery, address commissions, and facilitation payments * practical measures for corporate compliance * the geographical factor and weak governance zones * the sectoral factor * third party risk and corporate exposure * settlements and monitors.

Spis treści

1 Introduction 2 Global context including the FCPA 3 Background the British bribery legislation 4 Giving and taking of bribes 5 Small bribes and facilitation payments 6 Bribery of a foreign public official 7 Failure of commercial organisations to prevent bribery 8 Adequate procedures 9 Internal company investigations 10 Self-reporting 11 Deferred prosecution agreements 12 What to do if you are being investigated 13 Corporate hospitality Appendix 1 Small bribes management discussion Appendix 2 Red flags Appendix 3 Ministry of Justice Guidance on the Bribery Act 2010 Appendix 4 Sentencing Council Definitive Guideline on fraud, bribery and money laundering: corporate offenders Appendix 5 Crime and Courts Act 2013 Schedule 17: Deferred prosecution agreements Appendix 6 Criminal Procedure Rules Part 12: Deferred Prosecution Agreements Appendix 7 Deferred Prosecution Agreements Code of Practice Appendix 8 Transparency International Corruption Perception Index 2013