Foreign Anti-Bribery Laws: A Comparison of USA and UK

Foreign Anti-Bribery
laws National Anti-
Corruption
Running head: Foreign Anti-Bribery Laws National Anti-Corruption
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Foreign Anti-Bribery Laws National Anti-Corruption
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Part A
It is not legal to offer, promise, agree, request, or accept bribes by the businesses, politicians, and
others while performing their duties. As the name implies Anti-bribery Laws prevent the issue of
a bribe in society. Bribery has many negative impacts on businesses, societies, and people and
therefore the anti-bribery laws are required to be there. Different nations have different laws on
this topic. In the presented report focus will be made on the anti-bribery law of USA and UK.
The Foreign Corrupt Practices Act of 1977 (FCPA) is the lead act of the USA, which addresses
the issue of Bribery in the nation. On the other side, the UK Bribery Act 2010 (The BA 2010)
controls the level of bribe and related activities in the UK and ensures fair practices in business.
In the following discussion, the comparison between two of the mentioned acts will be done. In
addition to this company’s best practices related to the adoption of both of these legislations will
also be discussed.
Difference between Compare the Foreign Corrupt Practices Act, 1977 (US) and UK Bribery Act,
2010:-
Definition of Bribe
1. The FCPA restrict the payment of gifts or “anything of value” which can influence the
foreign officials. The definition of the term “anything of value” is not defined under the
act.
2. Under the BA 2010, any financial or other advantage consider as a bribe (Hunter, 2011).
A general overview of offenses and provisions
1. The BA 2010 is applicable to all the businesses incorporated in the UK. It includes the
following four major offenses:-

Foreign Anti-Bribery Laws National Anti-Corruption
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 Accepting of soliciting a bribe
 Offering bribe to a foreign public official
 Bribing another person and,
 For a business failing to prevent bribery
2. The FCPA is known for two main provisions, one that is related to bribery of foreign
officials and another one is concerned of accounting transparency requirement under the
Securities Exchange Act of 1934.
Judicial Territory Application
1. The BA 2010 applies to the incidents of bribery committed by businesses anywhere in the
globe. Consequently, this act has an extraterritorial effect. Foreign business, which trades
in UK and UK businesses which trade abroad, has to comply with the provisions of this
act.
2. The provisions of FCPA can apply to forbidden conduct anywhere around the globe and
extends to publicly traded companies and their agents, officers, employees directors, and
stockholders. Here this is necessary to state that the provisions of this act are also
applicable to all the foreign person and firms that do any act in the furtherance of a
corrupt payment while working in the US.
Penalties
1. In case of any breach with the provisions of the BA 2010, an individual may be liable for
limitless fines and imprisonment of up to 10 years. In cases of companies, the same may be
held liable for unlimited fines and may be restricted by taking part in public procurement
exercises in the UK. Directors of the company may be liable to leave their office for 2-15
years.