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Global Anti-Bribery

This course introduces global anti-bribery laws and provides basic principles and specific guidelines for complying with anti-bribery laws around the world. Globally, costs related to corruption total an estimated $2.6 trillion annually, with over $1 trillion paid in bribes each year. Bribery, extortion, and other corrupt practices add up to 10% of the total cost of doing business globally and up to 25% of the cost of procurement contracts in developing countries. Corruption distorts markets and inhibits competition. It undermines the rule of law and breeds cynicism among citizens. Corrupt practices also hinder development and poverty-reduction efforts, especially in developing nations. In recent years, many countries and regional organizations have passed new anti-bribery laws or strengthened existing statutes in an effort to prevent corruption and ensure fair competition in the global marketplace.

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Learning Objectives

Identify the key regulations that prevent bribery and corruption globally — the Foreign Corrupt Practices Act (FCPA).
The UK Bribery Act — in addition to common components of many anti-bribery laws around the world.

Recognize when to report a violation and the consequences for violating an anti-bribery law.

Course Outline

1. Overview
1. “Grease Payments”
2. Global Cost of Corruption
3. About this course…
2. Laws
1. Foreign Corrupt Practices Act (FCPA)
2. What is Covered in the FCPA?
3. The FCPA Applies To...
4. UK Bribery Act
5. Differences Between the Bribery Act and the FCPA
6. Definitions
7. New Terms and Phrases
8. Who is a Foreign Official ?
9. Anything of Value
10. Anti-Bribery Provisions
11. Bribery Act Offenses
3. Illegal Payments
1. What is an Illegal Payment ?
2. What is the Intent ?
3. Who is Responsible?
4. Things to Remember
5. Prasad’s Offer
4. Independent Agents
1. Payments
2. Authorizing an Improper Payment
3. Warning Signs
4. Ignoring Red Flags
5. Customs and Logistics
6. Company Ties
7. Gifts and Payments
8. When is a Gift or Payment Permitted?
9. Facilitating or Expediting Payments
10. Gifts and Entertainment
11. Business-Related Expenses
12. Approving Payments
13. Is Karl’s Gratuity Acceptable?

5. Recordkeeping and Adequate Procedures
1. Reasonable Detail
2. Remember…
3. Adequate Procedures
4. Can We Pay an Agent in Cash?
6. Violations
1. Who Enforces the FCPA?
2. Willful Ignorance Is No Excuse
3. Disclosing Anti-Bribery Violations
4. Maintaining Integrity
7. Conclusion
1. Conclusion