Clifford Chance

Don't Overlook Your Books: ‎The Rise of Books and Records Provisions in Global Anti-corruption Legislation

11 March 2016

Given the increased use of the 'books and records' provisions of the US Foreign Corrupt Practices Act 1977 (FCPA) by the US Securities and Exchange Commission (SEC) to target corporate entities whose accounting records do not accurately and fairly reflect the company's transactions, it may come as little surprise that other jurisdictions are starting to introduce similar regimes into their anti-bribery legislation.

Australia for example, has recently introduced accounting offences in its foreign bribery legislation which are based loosely on the FCPA 'books and records' provisions.

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