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Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.
Book Synopsis Anti-Bribery Laws in Common Law Jurisdictions by : Stuart H. Deming
Download or read book Anti-Bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press. This book was released on 2014-06-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws and of related laws and regulations in key common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and explains the related legal obligations that apply to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in Australia, Canada, Ireland, New Zealand, and South Africa are also extensively addressed. Stuart H. Deming also closely focuses on laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization for foreign bribery.
Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Book Synopsis Anti-Corruption Regulation by : Homer E Moyer Jr
Download or read book Anti-Corruption Regulation written by Homer E Moyer Jr and published by Law Business Research Ltd.. This book was released on 2017-03-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-Corruption Regulation, edited by Homer E Moyer Jr of Miller & Chevalier Chartered, captures the growing anti-corruption jurisprudence that is developing around the globe and comprises expert summaries of 29 countries' anticorruption laws and enforcement policies plus, contributions from Transparency International and the OECD. Topics covered include: foreign and domestic bribery, financial record keeping, liability and sanctions. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts, there are also editorial chapters covering anti-corruption developments affecting Latin America's mining industry; combating corruption in the banking industry - the Indian experience; calculating penalties; risk and compliance management systems; corporates and UK compliance - the way ahead; current progress in anti-corruption enforcement; and finally a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.
Book Synopsis Anti-bribery Laws in Common Law Jurisdictions by : Stuart H. Deming
Download or read book Anti-bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press, USA. This book was released on 2014 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.
This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell
Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Anti-bribery enforcement by many different nations increased significantly in the decade since the OECD Anti-Bribery Convention became effective. The Convention, which prohibits bribes to foreign officials to obtain business, is the central legal instrument governing modern anti-bribery efforts in multi-jurisdictional business transactions with 38 signatories from nearly all the wealthiest nations. The OECD Anti-Bribery Convention specifically protects local sovereigns from foreign interference in its internal affairs through the local law provisions which provide that payments permitted or required under the written local laws of the receiving official's sovereign do not constitute illegal bribes under the Convention. Local law provisions are also centrally important for modern corporate compliance legal advice, as global traders seek safer avenues for developing relationships with local officials abroad through legally permitted gifts and hospitality. Harmonizing local law provisions under the Convention involves three major issues. First, reliance on unwritten local customs is explicitly excluded under the Convention. Second, distinguishing between true extortion and mere threats to business advantage is of increasing importance as Russia joins the Convention. Third, the scope of "effective regret" voluntary reporting defenses in the local laws of some nations needs to be harmonized with the Convention. Although several of the 38 current signatories have local law provisions in their domestic implementing laws, only one case has interpreted these provisions to date. In U.S. v. Kozeny (Bourke), a U.S. court adopted a construction of the local law defense which places the U.S. Foreign Corrupt Practices Act in conformity with the OECD Anti-Bribery Convention Commentaries 7 and 8. Two contrasting models of written local laws regulating relationships between foreign traders and local officials are found in the examples of Japan and Hong Kong. Japan provides a graphic user-friendly website with clear, specific regulations regarding gifts and hospitality to its officials. Hong Kong, ranked #1 Free-est from Corruption for 17 straight years by conservative think tank Heritage Foundation, has a modern agency which provides specific rulings regarding acceptable gifts and hospitality within two working days. Increasingly important local law provisions regarding permitted gifts and hospitality generates market demand for dual admission lawyers competent in the laws of multiple jurisdictions, as well as providing an opportunity for local discussions about appropriate relations between local officials and global traders. Local law provisions place the tax, securities and criminal law strength of wealthier nations' legal systems behind the development of more predictable written law in higher risk jurisdictions. The OECD Anti-Bribery Convention ensures that wealthier nations' global traders do not interfere in other sovereigns' internal affairs through bribery in violation of that sovereign's laws. Local law provisions enforce genuine mutual respect among sovereigns while providing global traders a safer path to developing economies.
Book Synopsis Local Law Provisions Under the OECD Anti-Bribery Convention by : Elizabeth Spahn
Download or read book Local Law Provisions Under the OECD Anti-Bribery Convention written by Elizabeth Spahn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-bribery enforcement by many different nations increased significantly in the decade since the OECD Anti-Bribery Convention became effective. The Convention, which prohibits bribes to foreign officials to obtain business, is the central legal instrument governing modern anti-bribery efforts in multi-jurisdictional business transactions with 38 signatories from nearly all the wealthiest nations. The OECD Anti-Bribery Convention specifically protects local sovereigns from foreign interference in its internal affairs through the local law provisions which provide that payments permitted or required under the written local laws of the receiving official's sovereign do not constitute illegal bribes under the Convention. Local law provisions are also centrally important for modern corporate compliance legal advice, as global traders seek safer avenues for developing relationships with local officials abroad through legally permitted gifts and hospitality. Harmonizing local law provisions under the Convention involves three major issues. First, reliance on unwritten local customs is explicitly excluded under the Convention. Second, distinguishing between true extortion and mere threats to business advantage is of increasing importance as Russia joins the Convention. Third, the scope of "effective regret" voluntary reporting defenses in the local laws of some nations needs to be harmonized with the Convention. Although several of the 38 current signatories have local law provisions in their domestic implementing laws, only one case has interpreted these provisions to date. In U.S. v. Kozeny (Bourke), a U.S. court adopted a construction of the local law defense which places the U.S. Foreign Corrupt Practices Act in conformity with the OECD Anti-Bribery Convention Commentaries 7 and 8. Two contrasting models of written local laws regulating relationships between foreign traders and local officials are found in the examples of Japan and Hong Kong. Japan provides a graphic user-friendly website with clear, specific regulations regarding gifts and hospitality to its officials. Hong Kong, ranked #1 Free-est from Corruption for 17 straight years by conservative think tank Heritage Foundation, has a modern agency which provides specific rulings regarding acceptable gifts and hospitality within two working days. Increasingly important local law provisions regarding permitted gifts and hospitality generates market demand for dual admission lawyers competent in the laws of multiple jurisdictions, as well as providing an opportunity for local discussions about appropriate relations between local officials and global traders. Local law provisions place the tax, securities and criminal law strength of wealthier nations' legal systems behind the development of more predictable written law in higher risk jurisdictions. The OECD Anti-Bribery Convention ensures that wealthier nations' global traders do not interfere in other sovereigns' internal affairs through bribery in violation of that sovereign's laws. Local law provisions enforce genuine mutual respect among sovereigns while providing global traders a safer path to developing economies.
Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.
Book Synopsis Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention by : OECD
Download or read book Resolving Foreign Bribery Cases with Non-Trial Resolutions Settlements and Non-Trial Agreements by Parties to the Anti-Bribery Convention written by OECD and published by OECD Publishing. This book was released on 2019-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.
This publication identifies the main areas of weakness and potential areas for action to combat money-laundering, tax evasion, foreign bribery, and to identify, freeze and return stolen assets.
Book Synopsis Illicit Financial Flows from Developing Countries Measuring OECD Responses by : OECD
Download or read book Illicit Financial Flows from Developing Countries Measuring OECD Responses written by OECD and published by OECD Publishing. This book was released on 2014-04-23 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication identifies the main areas of weakness and potential areas for action to combat money-laundering, tax evasion, foreign bribery, and to identify, freeze and return stolen assets.
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' fingertipsWritten by a chartered accountant and compliance expert, the book offers practical steps managers should take to guarantee company complianceDescribes best practices in anti-bribery and corruption compliance in all key business areas, including accounting, sales and marketing, management, legal, and internal auditing
Book Synopsis Frequently Asked Questions in Anti-bribery and Corruption by : David Lawler
Download or read book Frequently Asked Questions in Anti-bribery and Corruption written by David Lawler and published by Portico. This book was released on 2012 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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' fingertipsWritten by a chartered accountant and compliance expert, the book offers practical steps managers should take to guarantee company complianceDescribes best practices in anti-bribery and corruption compliance in all key business areas, including accounting, sales and marketing, management, legal, and internal auditing
Book Synopsis Anti-corruption Regulation 2010 by :
Download or read book Anti-corruption Regulation 2010 written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.
Book Synopsis The Liability of Legal Persons for Foreign Bribery A Stocktaking Report by : OECD
Download or read book The Liability of Legal Persons for Foreign Bribery A Stocktaking Report written by OECD and published by OECD Publishing. This book was released on 2016-12-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents a chronology and a “mapping” of the features of the systems for liability of legal persons found in Parties to the OECD Anti-Bribery Convention.
