At its essence, this work seeks to provide guidance to attorneys, corporate counsel, accountants, consultants, and others advising or representing individuals and entities subject to anti-bribery legal regimes in common law jurisdictions. The Organisation for Economic Co-operation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention”) establishes the core principles around which the key anti-bribery regimes are now based. Yet, a much broader perspective, entailing a keen appreciation of what is taking place in common law jurisdictions, is now required.
No longer can the focus be largely on the Foreign Corrupt Practices Act. Most major common law jurisdictions are now parties to the OECD Convention and, in addition to their implementation of anti-bribery legislation, are increasingly active in their enforcement of their anti-bribery legislation. This work is intended to be helpful in providing insights into the range of factors that need to be considered in complying with the anti-bribery legislation in each jurisdiction as well as a sense of what corresponding laws also require consideration.
Despite rather extensive efforts to understand the nuances of the applicable laws in each of these largely common law jurisdictions, no commentator can fully grasp all of the factors that need to be taken into account in understanding the law of each country. Reliance upon the expertise and experience of reputable local practitioners is always well advised to better grasp how a particular country’s anti-bribery regime is actually applied. Often procedural, evidentiary, and other considerations unique to a particular jurisdiction may bear on how an anti-bribery regime is actually applied and enforced.