NEWSLETTER-2017
367 MISCELLANEOUS How the US Foreign Corrupt Practices Act and the UK Bribery Act 2010 Can Impact Foreign Companies?* Att. Ekin Ersanli Introduction The two main significant pieces of legislation governing interna- tional anti-corruption enforcement are the US Foreign Corrupt Prac- tices Act (“FCPA”) and the UK Bribery Act 2010 (“BA 2010”). The FCPA was enacted in 1977 to prevent corrupt practices, create equal opportunity for honest businesses to succeed and to maintain public confidence in the integrity of the marketplace of the United States 1 . The BA 2010 received Royal Assent on 8 April 2010 and entered into force on 1 July 2011 in the UK, decades later than the FCPA 2 . This Newsletter article mainly touches upon the types of offences, territorial applications, and penalties under the BA2010 and the FCPA. General Overview of Provisions and Offences The BA 2010 The BA 2010 has major implications for any of the businesses (or trades) that are incorporated in the UK, based on four major offences, including: • Bribing another person; * Article of May 2017 1 Lexis PSL, Corporate Crime, Bribery, corruption, sanctions and export controls; Bribery, The Foreign Corrupt Practices Act—background, https://www.lexis - nexis.com/uk/lexispsl/corporatecrime/document/391423/5M8R-9JC1-F188- 325G-00000-00/The-Foreign-Corrupt-Practices-Act%E2%80%94background. 2 Lissack & Horlick on Bribery > Chapter 12 The international perspective: lessons from US authorities’ enforcement of the Foreign Corrupt Practices Act > B His- tory and summary of the FCPA.
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