NEWSLETTER-2017

368 NEWSLETTER 2017 • Soliciting or accepting a bribe; • Bribing a foreign public official; and • Failing to prevent bribery ( for a business ). The FCPA The FCPA has two broad categories of provisions: • Anti-bribery Provisions : These provisions prevent US per- sons, companies, company officers, directors, employees and agents, and others acting within the US, from corruptly paying, offering, or promising anything of value to a foreign official in order to obtain or retain business. • Accounting Provisions : These provisions ensure the trans- parency of accounts in all companies that file a report with the Securities and Exchange Commission (“SEC”) in the US. In order to maintain transparency of accounts, companies are required to: - Make and keep books and records that accurately and fairly reflect the transactions of the corporation; and - Devise and maintain an adequate system of internal accounting controls. Jurisdiction Territorial Application The BA 2010 The BA2010 applies to bribery committed by a business, or on its behalf, anywhere in the world 3 . The offences of bribing another person, soliciting or accepting a bribe, or bribing a foreign public official, are committed if any act or omission forming part of an offence; • Takes place in the UK, or 3 Lexis PSL Corporate Crime Bribery, corruption, sanctions and export controls; Bribery > The Bribery Act 2010