This book is about the ‘regulation’ of corporations that use bribery in international
business transactions to win or maintain business contracts and business interests
in overseas jurisdictions (shortened to transnational corporate bribery throughout
this book). Such bribery involves at least two willing or consenting actors who
may either actively offer, promise to give or give, or passively request, agree to
receive or accept, bribes and inducements. (The bribe receiver may of course be
more ‘active’ in demanding bribes but such distinctions are made in law.) The
direction of these bribes is from corporations to foreign public officials in the
context of a corporation’s overseas business. (Of course, ‘private to private’
bribery (that is, commercial bribery) also occurs, but the focus of this book is on
‘private to public’ bribery.) These bribes take myriad forms, from cash payments
(potentially of £billions) through to indirect hospitalities (including shopping trips,
tickets for sports events and so on) to non-monetary favours such as the provision
of prostitutes or employment for self or social network. There is intent behind
such bribes and this is usually to ensure the commission or omission of certain
acts that breach the duties of public officials for organisational gains (that is, for
the benefit of the corporate entity). These include the awarding or continuance of
multi-million pound contracts for the corporation, though inevitably individual
gains usually also accompany this.