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Anti-Bribery Laws in Common Law Jurisdictions
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Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

Abstract

This book provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom, and the United States, the critical factors associated with the laws that are applied to bribery in foreign settings are explained and analyzed. Given the extent of their extraterritorial reach, the Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act, and the official guidance associated with each are extensively addressed along with the related legal obligat ... More

Keywords: FCPA, UK Bribery Act, CFPOA, secret commissions, anti-bribery, OECD Convention, compliance programs, private bribery, commercial bribery, internal controls

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780199737710
Published to Oxford Scholarship Online: August 2014 DOI:10.1093/acprof:oso/9780199737710.001.0001

Authors

Affiliations are at time of print publication.

Stuart H. Deming, author
Deming PLLC

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Contents

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End Matter

OECD CONVENTION—APPENDIX I: Part A Convention on Combating Bribery of Foreign Public Officials in International Business Transactions*

OECD CONVENTION—APPENDIX I: Part B Commentaries on the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions*

AUSTRALIA—APPENDIX II: Part A Criminal Code Act 1995*

AUSTRALIA—APPENDIX II: Part B Criminal Code Amendment (Bribery of Foreign Public Officials) Bill 1999 – Explanatory Memorandum*

CANADA—APPENDIX III Corruption of Foreign Public Officials Act*

IRELAND—APPENDIX IV: Part A Prevention of Corruption Act 1906 Revised*

IRELAND—APPENDIX IV: Part B Prevention of Corruption (Amendment) Act 2001 Revised*

NEW ZEALAND—APPENDIX V Crimes Act 1961*

SOUTH AFRICA—APPENDIX VI Prevention and Combating of Corrupt Activities Act of 2004*

UNITED KINGDOM—APPENDIX VII: Part A Bribery Act 2010*

UNITED KINGDOM—APPENDIX VII: Part B Bribery Act 2010*

UNITED KINGDOM—APPENDIX VII: Part C Bribery Act 2010: Joint Prosecution Guidance of The Director of the Serious Fraud Office and The Director of Public Prosecutions*

UNITED KINGDOM—APPENDIX VII: Part D The Bribery Act 2010 Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010)*

Appendix A Bribery Act 2010 case studies

UNITED STATES—APPENDIX VIII: Part A Foreign Corrupt Practices Act*

UNITED STATES—APPENDIX VIII: Part B Record-Keeping Regulations*

United States—APPENDIX VIII: Part C Reporting on Internal Controls*

APPENDIX VIII: Part D Foreign Corrupt Practices Act Opinion Procedure*

Index