Foreign Anti-Bribery Law and Domestic Anti-Corruption

Running head: FOREIGN ANTI-BRIBERY LAW AND DOMESTIC ANTI-CORRUPTION
FOREIGN ANTI-BRIBERY LAW AND DOMESTIC ANTI-CORRUPTION
Name of the Student
Name of the University
Author Note

FOREIGN ANTI-BRIBERY LAW AND DOMESTIC ANTI-CORRUPTION
1
Foreign bribery, a form of corruption is considered as a serious kind of criminal offence
which carries some heavy penalties. It results in the inefficient economic and resource distortion
allocation. Foreign bribery threatens the democracy as well as the rule of law; which is
considered impediment to the economic development, also corrosive of the good governance.
Providing or the offer to provide, benefits to a foreign public official is included in the meaning
of the foreign bribery. It includes the causing of any provided benefit or which is offered to any
foreign public official in cases of the benefits not due legitimately. The bribe can be made in
form of payments by cash, employment for families and friends, holidays or the extravagant
gifts. There are three elements necessary in order to bribe a foreign public official. At first, a
person either needs to provide or the offering of providing of any benefit to any other person, or
causes any benefit or causes the offer for providing benefit to any other person for committing
the foreign bribery offence. Secondly, the benefit needs not to be due legitimately to any other
person. Finally, a person intentionally did so for the influencing of a foreign public official in
exercise of that official’s duty either to retain or obtain business, or to retain or obtain any
advantage of business which is not due legitimate to the intended recipient or the recipient of that
business advantage.
Recently, the foreign bribery scandals and domestic corruptions have been increased
throughout the country of Azerbaijan, the name of a famous Azerbaijan company has been
linked with these scandals which is affecting in fully prospering as a nation. A corrupted
economy fails to properly function as corruption prevents natural economic laws in functioning
freely. In order to strengthen the economic and social condition of the country, the government
of Azerbaijan needs to implement a more specific, intensive and strict legislation which will
prevent and reduce the rate of foreign bribery in the country. The government of Azerbaijan

FOREIGN ANTI-BRIBERY LAW AND DOMESTIC ANTI-CORRUPTION
2
needs to adopt a new legislation to deal with the act of foreign bribery. The government may
look upon the other countries that have previous experience in dealing with foreign bribery. They
can follow the provisions of Foreign Corruption Practices Act.
The Foreign Practices Act 1977
The Foreign Practices Act passed in the year of 1977 by the United States of America
which prohibits the individuals and the U.S. firms from making payment of the bribes to the
public foreign officials in respect of business deals. It is primarily known for two of its main
provisions. One of them is the addressing of the requirements of accounting transparency under
Securities Exchange Act, 1934 while the other one is concerned with foreign official’s bribery.
The amendment of the Act was made in 1988 and 1998 and was subjected to continuation of
congressional concerns. No minimum punishment amount has been placed by the FCPA for the
commission of bribery. The responsibility of enforcing the FCPA is held jointly by the
Department of Justice and by the Securities and Exchange Commission. The Act of the
companies regulated by the SEC are enforced by the SEC whereas, all other domestic company
bills are enforced by the Department of Justice. One special unit has been created by the SEC to
handle the matters which falls under the FCPA auspices. The FCPA prominence has been
increased by the SEC enforcement from 2010 and onwards. The commencing, declining or
resolving by the DOJ of a matter of FCPA, the Principles of Federal Prosecution guides it in the
case of an individual and the Principles of Federal Prosecution of Business Organization guides
it in the case of a company. Chapter 9-27.000 of the U.S. Attorney’s Manual set forth the
Principles of Federal Prosecution, which provides guidance for the Prosecutors of DOJ regarding
the initiating the prosecution or declining the same, selection of charges and the plea-bargaining.

FOREIGN ANTI-BRIBERY LAW AND DOMESTIC ANTI-CORRUPTION
3
Chapter 9-28.000 of the U.S. Attorney’s Manual set forth the Principles of Federal Prosecution
of Business Organizations, which provides guidance in respect of taking resolution of the cases
which involves corporate wrongdoing SEC’s Enforcement Division which published the SEC’s
Enforcement Manual set forth the information about SEC’s investigation conducting process and
also the principles which guides its staffs in determining the conditions for opening or closing of
an investigation. There are five elements which needs to be met for the constitution of the
violation of FCPA, which are, the briber needs to be a citizen of the U.S.; there needs to be a
corrupt intent for making of bribe; the payment or the offering of payment needs to be anything
of the value; the recipient of the bribe needs to be foreign government official; the bribe needs to
be offered have been paid to retain or obtain any business. The FCPA follows some guiding
principles in order to prevent and reduce the corruption and foreign bribery, which are,
commitment by the senior management and a clearly articulated anti-corruption policy, adopting
Code of Conduct and the compliance procedures and policies, risk management, training and
giving continuous advice, disciplinary measures and incentives, due-diligence of third-party and
the payments, reporting confidentially and conducting internal investigations, periodic testings
and reviewing the same, acquisitioning and mergers.
The government of Azerbaijan may also follow the provisions of the Bribery Act 2010.
The Bribery Act 2010
The Bribery Act of 2010 is the United Kingdom Parliament’s Act which covers criminal
law regarding bribery. It was first introduced in the year of 2009 in the speech of Queen in the
parliament. Finally on the day of 8th April 2010, the Act had received the Royal Assent which
was supposed to come into force on April 2010 but later the date changed to 1.7.2011. All the