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Anti-Bribery Laws in Common Law Jurisdictions

Anti-Bribery Laws in Common Law Jurisdictions

作者： Stuart H. Deming
出版商： Oxford University Press USA
ISBN: 9780199737710
出版时间 July 2014
规格： Hardback , 496 pages
适应领域： Commonwealth, U.S. ? 免责申明：
Countri(es) stated herein are used as reference only

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- Provides a comprehensive analysis of the foreign bribery laws, related laws, and regulations in all of the major common law jurisdictions
- Addresses the application of private or commercial bribery laws in each jurisdiction to bribery in foreign settings
- Discusses the application of ancillary laws, such as anti-money laundering, record-keeping practices, and laws and regulations relating to internal controls and compliance programs, applicable to bribery in foreign settings
- Clear and concise narrative supported by extensive footnotes and explanatory subparagraphs
- Comprehensive, detailed analyses within an easy-to-follow, well-organized layout to facilitate a reader's ready-access to the pertinent information, and to facilitate any comparisons relative to the different jurisdictions
Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws, related laws, and regulations in all of the major common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, along with the related legal obligations pertaining to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in the major common law jurisdictions of Australia, Canada, Ireland, New Zealand, and South Africa are also addressed.

Stuart H. Deming directs careful attention to 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.

Readership: Major law firms and accounting firms; corporate counsel; academia
ACKNOWLEDGMENTS
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 Act 1906 Revised
Part B: Prevention of Corruption (Amendment) Act 2001
APPENDIX V - NEW ZEALAND
Bribery of Foreign Public Officials: Sections 105C - 105E
APPENDIX VI - SOUTH AFRICA:
Prevention and Combating of Corrupt Activities Act of 2004
APPENDIX VII - UNITED KINGDOM:
Part A: Bribery Act 2010
Part B: Bribery Act 2010: Explanatory Notes
Part C: Bribery Act 2010: Joint Prosecution Guidance of the Direction of the Serious Fraud Office and the Director of Public Prosecutions
Part D: Bribery Act 2010: Guidance for Commercial Organisations
APPENDIX VIII - UNITED STATES:
Part A: Foreign Corrupt Practices Act
Part B: Record-Keeping Regulations
Part C: Reporting on Internal Controls
Part D: Foreign Corrupt Practices Act Opinion Procedure Regulations
INDEX
Stuart H. Deming is the Principal Attorney at Deming PLLC, where he represents and advises clients on the FCPA, the UK Bribery Act, Canada's Corruption of Foreign Public Officials Act, and other compliance issues associated with the conduct of international business. As a former federal prosecutor with the U.S. Securities and Exchange Commission and in various capacities with the U.S. Department of Justice, including as a special prosecutor, he led investigations of major companies, business executives, and public officials. With over 30 years of experience in both the public and private sector, Deming has written extensively and spoken often in the United States and abroad on the FCPA, and related issues. He is the author of the best-selling book published by the American Bar Association (ABA).

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