The British government’s guidance is due out this week, apparently for real this time, which means the Bribery Act will go live in three months.
To prepare for that milestone, we suggest tuning in to hear Vivian Robinson QC, General Counsel for the Serious Fraud Office.
In September, when the SFO was still planning for roll out of the Bribery Act around now, Mr. Robinson recorded a webcast discussing the new law and how to comply with it.
His sharp, concise commentary covers the new offense of not preventing bribery, the adequate procedures defense (effective compliance programs), self-reporting, facilitation payments, promotional expenses, due diligence by small and medium-size businesses, associated persons (intermediaries), extra-territorial jurisdiction, the role of company lawyers and advisers, the relevance of company ethics and a proper corporate culture, and prosecutorial decisions, among others.
There are plenty of compliance nuggets in this webcast that are relevant to the FCPA as well. For example, do systematic facilitating payments and promotional expenses make companies vulnerable to large-scale bribery demands? Can a company really prevent bribery without creating a culture of compliance? And how much should directors know about what the company is doing to prevent corruption?
Here’s the link to the webcast.