Click here to download the Anti-corruption Regulation 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 21 jurisdictions are covered in this report:

Armenia; Brazil; Canada; France; Germany; Greece; India; Ireland; Italy; Japan; Korea; Liechtenstein; Mexico; Norway; Singapore; Sweden; Switzerland; Turkey; United Arab Emirates; United Kingdom; United States

Questions

The set of questions relating to the topic of anti-corruption regulation and answered by the guide for each jurisdiction covered include:

• • To which international anti-corruption conventions is your country a signatory?
• • Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

Foreign bribery

• • Describe the elements of the law prohibiting bribery of a foreign public official.
• • How does your law define a foreign public official?
• • To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
• • Do the laws and regulations permit facilitating or “grease” payments?
• • In what circumstances do the laws prohibit payments through intermediaries or third parties to foreign public officials?
• • Can both individuals and companies be held liable for bribery of a foreign official?
• • Can a successor entity be held liable for bribery of foreign officials by the target entity that occurred prior to the merger or acquisition?
• • Is there civil and criminal enforcement of your country’s foreign bribery laws?
• • What government agencies enforce the foreign bribery laws and regulations?
• • Is there a mechanism for companies to disclose violations in exchange for lesser penalties?
• • Can enforcement matters be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial?
• • Describe any recent shifts in the patterns of enforcement of the foreign bribery rules.
• • In what circumstances can foreign companies be prosecuted for foreign bribery?
• • What are the sanctions for individuals and companies violating the foreign bribery rules?
• • Identify and summarise recent landmark decisions or investigations involving foreign bribery.

Financial record keeping

• • What legal rules require accurate corporate books and records, effective internal company controls, periodic financial statements or external auditing?
• • To what extent must companies disclose violations of anti-bribery laws or associated accounting irregularities?
• • Are such laws used to prosecute domestic or foreign bribery?
• • What are the sanctions for violations of the accounting rules associated with the payment of bribes?
• • Do your country’s tax laws prohibit the deductibility of domestic or foreign bribes?

Domestic bribery

• • Describe the individual elements of the law prohibiting bribery of a domestic public official.
• • Does the law prohibit both the paying and receiving of a bribe?
• • How does your law define a public official and does that definition include employees of state-owned or state-controlled companies?
• • Can a public official participate in commercial activities while serving as a public official?
• • Describe any restrictions on providing domestic officials with gifts, travel expenses, meals or entertainment. Do the restrictions apply to both the providing and receiving of such benefits?
• • Are certain types of gifts and gratuities permissible under your domestic bribery laws and, if so, what types?
• • Does your country also prohibit private commercial bribery?
• • What are the sanctions for individuals and companies violating the domestic bribery rules?
• • Have the domestic bribery laws been enforced with respect to facilitating or “grease” payments?
• • Identify and summarise recent landmark decisions and investigations involving domestic bribery laws, including any investigations or decisions involving foreign companies.