Anti-Bribery Laws in Common Law Jurisdictions provides a comprehensive analysis of the foreign bribery laws, related laws, and regulations in all of the major common law jurisdictions. This book extensively addresses the official guidance associated with the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, along with the related legal obligations pertaining to record-keeping practices and maintaining adequate internal controls. Foreign bribery legislation in the major common law jurisdictions of Australia, Canada, Ireland, New Zealand, and South Africa are also addressed. Stuart H. Deming directs careful attention to laws that may expose an individual or entity to private or commercial bribery in foreign settings, as well as to the application of laws relating to money laundering, accounting, and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization.
Stuart H. Deming is the Principal Attorney at Deming PLLC, where he represents and advises clients on the FCPA, the UK Bribery Act, Canada's Corruption of Foreign Public Officials Act, and other compliance issues associated with the conduct of international business. As a former federal prosecutor with the U.S. Securities and Exchange Commission and in various capacities with the U.S. Department of Justice, including as a special prosecutor, he led investigations of major companies, business executives, and public officials. With over 30 years of experience in both the public and private sector, Deming has written extensively and spoken often in the United States and abroad on the FCPA, and related issues. He is the author of the best-selling book published by the American Bar Association (ABA).
AKNOWLEDGMENTS ; PREFACE ; OVERVIEW ; A. The New International Norms ; B. The Focal Point of the New International Norms ; C. The OECD Convention ; D. The OECD Convention and Common Law Countries ; E. Comparing the Anti-Bribery Legal Regimes in ; Common Law Jurisdictions ; I. THE OECD CONVENTION ; II. AUSTRALIA ; III. CANADA ; IV. IRELAND ; V. NEW ZEALAND ; VI. SOUTH AFRICA ; VII. UNITED KINGDOM ; VIII. UNITED STATES ; APPENDICES ; APPENDIX I - OECD CONVENTION: ; Part A: OECD Convention ; Part B: Commentaries to OECD Convention ; APPENDIX II - AUSTRALIA: ; Part A: Criminal Code Act 1995 - Division 70 ; Part B: Criminal Code Amendment (Bribery of Foreign Public Officials) -Explanatory Memorandum ; APPENDIX III - CANADA: ; Corruption of Foreign Public Officials Act ; APPENDIX IV - IRELAND: ; Part A: Prevention of Corruption Act 1906 Revised ; Part B: Prevention of Corruption (Amendment) Act 2001 ; APPENDIX V - NEW ZEALAND ; Bribery of Foreign Public Officials: Sections 105C - 105E ; APPENDIX VI - SOUTH AFRICA: ; Prevention and Combating of Corrupt Activities Act of 2004 ; APPENDIX VII - UNITED KINGDOM: ; Part A: Bribery Act 2010 ; Part B: Bribery Act 2010: Explanatory Notes ; Part C: Bribery Act 2010: Joint Prosecution Guidance of the Direction of the Serious Fraud Office and the Director of Public Prosecutions ; Part D: Bribery Act 2010: Guidance for Commercial Organisations ; APPENDIX VIII - UNITED STATES: ; Part A: Foreign Corrupt Practices Act ; Part B: Record-Keeping Regulations ; Part C: Reporting on Internal Controls ; Part D: Foreign Corrupt Practices Act Opinion Procedure Regulations ; INDEX