Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

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

Stuart H. Deming

Description

Anti-Bribery Laws in Common Law Jurisdictions provides 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.

Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

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 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

Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

Author Information

Stuart H. Deming is a principal with Deming PLLC, where he represents and advises clients on the FCPA, the UK Bribery Act, Canada's Corruption of Foreign Public Officials Act, and related 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 The Foreign Corrupt Practices Act and the New International Norms published by the American Bar Association (ABA). In 2007, the U.S. Department of State asked him to serve as a Private Sector Adviser on anti-bribery issues on the U.S. Delegation to the APEC Senior Officials' Meeting. For many years, Deming co-chaired the ABA's National Institutes on the FCPA; co-chaired what is now the ABA's Anti-Corruption Committee; and served on the Board of Editorial Advisors to the Foreign Corrupt Practices Act Reporter. Deming received his BA, MBA, and JD from the University of Michigan. He is also licensed as a Certified Public Accountant.

Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

Reviews and Awards

"Anti-Bribery Laws in Common Law Jurisdictions is one of the few books on the market that provides a comprehensive account of the foreign bribery laws in the context of major common law jurisdictions. This book is a highly recommended source for those requiring a comparative account of anti-bribery laws." -Jonathan Mukwiri, Criminal Law and Criminal Justice Books

Anti-Bribery Laws in Common Law Jurisdictions

Stuart H. Deming

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