Frequently Asked Questions in Anti-Bribery and Corruption

ISBN-13: 9781119971979 / Angielski / Miękka / 2012 / 584 str.

David Lawler

Opis

A practical guide to addressing the challenges managers face in implementing and enforcing new anti-bribery regulations The Bribery Act became the law of the land in July 2011. It abolished all existing U.K. anti-bribery laws and replaced them with a suite of new regulations decidedly different and more strenuous than what has come before. Under it companies found noncompliant will be open to billions in penalties and remediation costs, and managers will be open to prosecution if anyone associated with their company commits an offence covered by the act. As employees in nearly all departments will share responsibility for ensuring that adequate procedures are in place and enforced, there is a screaming need for practical, jargon-free guidance on the subject. This book fills that need. It arms managers and advisors with the knowledge and tools they need to implement, communicate and test controls and procedures that not only comply with but exceed the new anti-bribery requirements. It also offers priceless pointers on how to effectively react to bribery allegations if and when they occur.

• Packed with takeaway tips and checklists that put crucial information at readers' fingertips
• Written by a chartered accountant and compliance expert, the book offers practical steps managers should take to guarantee company compliance
• Describes best practices in anti-bribery and corruption compliance in all key business areas, including accounting, sales and marketing, management, legal, and internal auditing

Recenzje

'This is a great book...if you're in business we'd go so far to say that this is the only book you'll need to read. When you've read it. Read it again. And again. And again.' (thebribaryact.com, 29th May) '...a stand out contribution...bringing common sense to what could easily become a trudge through the quicksand of bribery legislation...a masterclass that helps the reader to grasp both the law and the numerous ways in which it can be broken.' (The Times, 31st May 2012)

Spis treści

About the Author xiii

Acknowledgements xv

Bribery Acronyms and Terms, and a Quick Index xvii

Introduction 1

1 Timeline 5

2 Who Pays Bribes? 19

3 What Are the Key Sets of Rules that Govern International Bribery? 69

4 Frequently Asked Questions 97

5 How Do I Set Up Proportionate Yet Effective Anti–Bribery Compliance Procedures? 343

6 How Do I Carry Out a Review to Detect and Deter Bribery? 405

7 Cautionary Tales What Happens If You Get Caught? 433

8 What Are My Predictions for 2012 and Beyond? 455

9 Appendices 483

References 525

Get the Text of the Statutes on Your Smartphone from the Following QR Codes 545

Do I Need to Read this Book (Again)? 547

Index 549

O autorze

David Lawler specialises in resolving complex and high risk financial and investigative problems. His clients include international companies, SMEs, and individuals, many of whom are under investigation by regulators or prosecutors. An expert in using database and visualisation software to find needles in massive data haystacks, he has conducted in–country bribery investigations in Asia, Africa, the Middle East, Central Asia, and Europe. He has helped companies which are under investigation by the DOJ and the SFO to test their anti–bribery compliance systems and has brought their controls up to ′best of breed′. He has been involved with the assessment of penalties on several high profile FCPA settlements.
David has been retained by companies and their legal advisors to investigate allegations of white–collar crime and wrongdoing, and the follow–on claims that arise. He has provided independent expert evidence to courts and tribunals on questions of  value, benefit, solvency and loss.
Dr Lawler is a Fellow of the Institute of Chartered Accountants in England and Wales, a Certified Fraud Examiner, a Member of the Academy of Experts, and an accredited commercial mediator. He is a partner in the London office of Forensic Risk Alliance, a US and European forensic accounting and e–disclosure consultancy.

Blurb

For many years, companies did not have to concern themselves with bribery; it simply wasn t on the radar. Indeed, in many jurisdictions, companies could get tax relief on bribes paid to get business. The Us Foreign Corrupt Practices Act had been enacted in 1977, bit it was seldom enforced.

Today, we are in a changed business environment. Most countries have either adopted the OECD anti–bribery guidelines or enacted their own. Multinationals are being aggressively targeted and prosecuted, and companied are facing penalties and remediation costs of hundreds of millions of pounds. Some executives are even serving time in prison. In the UK, the Bribery Act 2010, which came into force in July 2011, represents the new gold standard against which companies anti–bribery programs will be judged. Comprehensive and anti–bribery programs must now be in place, and be complied with in all businesses–especially those operating overseas.

Frequently Asked Questions in Anti–Bribery and Corruption is a practical, jargon–free guide to implementing, communicating and testing controls and procedures that comply with, and exceed the standard required under the laws. It also provides advice on the most effective reaction to allegations of bribery if and when they occur. It includes:

• Practical advice to help business people start, and then improve their anti–bribery compliance.
• Simple and common–sense steps that can take a company from having no compliance regime, to being FCPA, Bribery Act, and OECD compliant.
• Suggestions for further reading on each topic, both within the book, and externally, including the URLs of many sources for more information

Frequently Asked Questions in Anti–Bribery and Corruption is essential reading for business people working internationally, including internal auditors, compliance officers, lawyers, fraud investigators, forensic accountants, HR professionals, and senior executives.

All business managers and professional advisors need to be aware of the very real risks of doing business in emerging markets. This book provides a refreshingly concise and accessible summary of current anti–bribery and corruption legislation across multiple jurisdictions, as well as clear, practical advice for professionals needing to enhance corporate controls and identify and respond to potential problems. This book is an essential tool for all those setting–up and monitoring a robust and effective anti–bribery compliance program. Sylvie Kande de Beaupuy, Global Head of Compliance, Technip SA.