27 May 2013

Corruption & standards of public conduct law

Starting Area/Sector information

The Bribery Act 2010, which gained Royal Assent on 8 April 2010, will radically transform the UK law on corruption, introducing a fundamentally different concept of bribery, a new strict liability for corporate, and a 'no-fault' foreign bribery offence. It will also have a significant impact on foreign companies who do business in the UK. The Act goes beyond the requirements of the U.S. Foreign Corrupt Practices Act, in prohibiting private sector bribery as well as bribery of foreign public officials.

We advise on a range of related issues globally, including facilitation payments, the presumption of guilt and human rights, corruption in public procurement processes, relations with intermediaries, gifts and hospitality to public officials, contracts with Members of Parliament, the effect of the OECD Convention on Combating Bribery of Foreign Public Officials, the appointment of ex-government officials and ex-elected representatives to private sector organisations, rules for lobbyists and political donations.  We work closely with regulatory lawyers expert in advising on compliance with financial services requirements.   With Clifford Chance's unrivalled global reach, we are able to provide coordinated advice on corporate policies for organisations operating in a global market.

We were closely involved in the policy processes leading up to the passing of the Bribery Act - we met with the Law Commission when it was formulating the draft Bill, submitted evidence to the Joint Parliamentary Committee, participated in CBI Working Group on the Bribery Bill and contributed to the ICC submission on the Bill.