Anti-Bribery Laws in Common Law Jurisdictionsprovides 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.
AKNOWLEDGMENTS
PREFACE
OVERVIEW
A. The New International Norms
B. The Focal Point of the New International Norms
C. The OECD Convention
D. The OECD Convention and Common Law Countries
E. Comparing the Anti-Bribery Legal Regimes in Common Law Jurisdictions
I. THE OECD CONVENTION
II. AUSTRALIA
III. CANADA
IV. IRELAND
V. NEW ZEALAND
VI. SOUTH AFRICA
VII. UNITED KINGDOM
VIII. UNITED STATES
APPENDICES
APPENDIX I - OECD CONVENTION:
Part A: OECD Convention
Part B: Commentaries to OECD Convention
APPENDIX II - AUSTRALIA: Part A: Criminal Code Act 1995 - Division 70 Part B: Criminal Code Amendment (Bribery of Foreign Public Officials) -Explanatory Memorandum
APPENDIX III - CANADA: Corruption of Foreign Public Officials Act
APPENDIX IV - IRELAND: Part A: Prevention of Corruption Actl#)