United States:
FCPA Update: Implementation of U.K. Bribery Bill Postponed Until April 2011
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Implementation of the U.K. Bribery Bill (discussed in our
update of April 6, 2010) has been postponed for nine months
while the government evaluates comments to the Bill raised by
various business constituencies. The delay in implementation has
been viewed as a setback to U.S. efforts to achieve a global
approach to combating fraud. As currently drafted, the Bill is
potentially one of the toughest anti-bribery laws in the world and
would apply to any U.S. company doing business in the United
Kingdom. The Bill differs from the FCPA in several important
respects including the elimination of the "facilitating
payment" exception and imposition of a presumption of criminal
liability on an organization whose employees, agents or consultants
engaged in bribery to further the organization's business.
Commentators believe the delay in implementation may result in a
watered-down version of the law.
Look for additional updates on the progress of the Bill and
suggestions for compliance procedures.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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