Users' questions

Does the FCPA apply to UK companies?

Does the FCPA apply to UK companies?

Any UK company with securities listed on a US exchange is subject to the jurisdiction of the FCPA. In addition, non-US listed UK companies may find themselves caught by the FCPA on other grounds.

Who prosecutes FCPA?

Enforcement of the Foreign Corrupt Practices Act is carried out by two agencies: the Department of Justice, and the Securities Exchange Commission.

What is the lead prosecuting agency for the UK Bribery Act?

The SFO – the lead agency for investigating complex bribery cases and enforcing the Act where overseas corruption is involved – reported in March 2020 that it had taken five cases to court since the Act’s introduction.

Which companies can be prosecuted under the Bribery Act 2010?

Under the Bribery Act, companies will be liable if anyone acting under its authority commits a bribery offence. Such persons can include employees, consultants, agents, subsidiaries and joint venture partners. The only defence is where a company has adequate procedures in place to prevent bribery offences.

What is the differences between the FCPA and UK Bribery Act?

The FCPA criminalises bribes (anything of value) paid or offered to a “foreign government official”, while the UKBA prohibits bribes paid to “any person” to induce them to act “improperly”. Hence, the latter encompasses both public and commercial bribery.

What is the difference between the UK Bribery Act and the US Foreign Corrupt Practices Act?

The UK Act applies to both commercial as well as public misconduct or criminal activities, while the FCPA doesnʼt address the commercial sphere. The U.S. law explicitly provides for defenses on both of those facilitating payments and reasonable bona fide expenditures, while the UK law doesnʼt.

Does FCPA apply to non citizens?

The FCPA is enforcement against all US based companies, wherever they operate across the globe; against all US citizens anywhere in the world; against all foreign subsidiaries of US companies across the globe; against any foreign company which has a US subsidiary or which does business in the US; against any company …

What Offences does the UK Bribery Act create?

The Bribery Act contains general offences, a discrete offence of bribing a foreign public official and a corporate offence of failing to prevent bribery.

Who enforces the UK Bribery Act?

the UK Serious Fraud Office (SFO)
The UKBA has an extremely broad jurisdictional reach and has been actively enforced by the UK Serious Fraud Office (SFO) against companies, particularly since 2017 (see below table of UK Deferred Prosecution Agreements (DPAs) relating to bribery offences).