We have timed this edition to coincide with our brand refresh – we hope you like the new look at Bird & Bird!

In Spring 2011, the Bribery Act 2010 is expected to come into force in the UK. In our feature article, a team from our London Dispute Resolution Group looks at the implications of the Act for both domestic and overseas businesses operating in the UK and/or undertaking business activities in other jurisdictions. In particular, we highlight what "doing business in the UK" might mean and how it relates to individuals and undertakings "associated" with a UK-based company.

We already have substantial practical expertise in assisting clients to be proactive in ensuring that their current internal procedures comply with the FCPA, and now the more draconian Bribery Act. In anticipation of the new Act, clients will need best-practice policies and "adequate" procedures in place to guard against bribery both within their organisations and by anyone associated with them. We've recently spoken at various events (including the International Bar Association Annual Conference and the World Bribery & Corruption Compliance Forum 2010) on the implications of the Act for any worldwide business with a connection to the UK. Do contact us if we can assist you.

In this edition, we also have commentaries on other national bribery and anti-corruption frameworks, and general updates on recent developments from our international network.

As always, we include key contacts and contributors from each Bird & Bird office, and a list of forthcoming events. If you would like to discuss any of the issues raised or attend an event, please do not hesitate to contact me or one of your local contacts.

Jane Player, Oliver Stanley and Simona Rainer

Following the enactment of the Bribery Act 2010, which is due to come into force in April 2011, the topic of corporate bribery and corruption has been revived.  Reaction to the Act has been diverse, ranging from praise in some quarters for the stringent approach of the Act to criticism from international corporations concerned by the potential impact on their business, imposed by the effects of section 7.

Bribery and corruption in the United Kingdom

Currently, bribery and corruption offences are governed by a mix of common law and more than ten different statutes.  The Anti-Terrorism, Crime and Security Act 2001  provides an extra-territorial aspect to the current law.  This means that, in certain circumstances, UK nationals and corporate entities can be prosecuted for bribery and corruption even if the act has been carried out abroad.  The current law also prohibits  bribing a foreign public official .  It is evident therefore that the Bribery Act does not introduce a completely novel concept of anti-bribery and corruption legislation.

More on the Bribery Act
 

Commentaries on national bribery and
anti-corruption frameworks

In Belgium, bribery and corruption are governed by a single Act, the Belgium Criminal Code ("the Code"). This governs both public and private sector bribery. 'Active bribery' of public figures in Belgium involves conferring an undue advantage to a public person. 'Passive bribery' involves the receipt by a public person of a direct or indirect undue advantage in exchange for performance or non-performance of a public duty. 'Active' and 'passive' bribery also apply to persons in the private sector. To be able to successfully convict a person of bribery, the prosecutor must demonstrate intent on the part of the accused. Incumbent Belgian public officials also have a duty to report all criminal offences (including bribery) which they are aware of to the public prosecutor.
- Raf Schoefs, Belgium
 

Corruption has been a major political topic in Poland for many years; however, as yet, there is no unified anti-corruption legislation. No bill has been introduced in Parliament despite continued work by both the Government and the main opposition party on an anti-corruption act since 2007.
- Kuba Ruiz and Luisa Zukowski, Poland

More commentaries by country
 

Commentaries by country:

Belgium, Czech Republic, Finland, France, Germany, Hong Kong, Italy, The Netherlands, Poland, Singapore, Slovakia, Spain, Sweden.

General updates

Legislative changes relating to the appeals process are due to come into force at the beginning of 2011. The key amendments being introduced are as follows:

• permission to appeal against a district court's decision will be required in civil law matters related to a modest monetary claim; and
• appealing a district court's decision directly to the Supreme Court will be possible in situations where the same legal question has arisen in several cases and the absence of precedent case law is prolonging uncertainty.

- Iina-Mari Supperi, Finland

On 17 July 2009, the German Federal Supreme Court (the "BGH")  handed down a ruling which caused concern amongst corporate compliance officers. The ruling in question primarily concerned the responsibilities of a public institution's General Counsel and Head of Internal Audit. In its ruling, the BGH however, also indicated that compliance officers in the private sector may face criminal prosecution if they are aware of, but fail to prevent other representatives of their company committing, criminal offences.
 
- Alexander Duisberg and Stephan Appt, Germany

More on country updates

Update contributions by country:

Czech Republic, Finland, Germany, Poland, UK.