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Uk Bribery Act and the Revelation Providing to the Control of Commercial Bribery in China

Author: KongXiangZuo
Tutor: TangBo
School: East China University of Political Science
Course: Economic Law
Keywords: UK Anti-Bribery China Commercial Bribery Control
CLC: F203
Type: Master's thesis
Year: 2012
Downloads: 145
Quote: 0
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Abstract


UK Bribery Act came into effect on01Jul,2011, which illustrated theinternational community’s increasing focus on bribery and corruption. The Act isregarded as the strictest anti-corruption law so far, which covers not only the briberyto public officials, but also in private sectors. Almost all the corporations andindividuals with close connection with UK are within the scope of the Act. Thepenalty level has been dramatically increased: for individuals, the most severe penaltywill be ten years imprisonment and corresponding fines; for corporations, it will beunlimited fines. The Act stipulated four offences, two of which are general onesincluding offering a bribe and accepting a bribe. An independent offense is stipulatedin Section6as bribing or intending to bribe foreign public officials. A new corporateoffense is stipulated in Section7for failure to prevent bribery.UK Ministry of Justice has published a guidance to guide the commercialorganizations how to prove that they have set up “adequate procedures” to prevent thebribery of related persons.SFO and CPS have jointly published a guidance to set outthe Directors’ approach to prosecutorial decision-making in respect of offences underthe Act.UK Bribery Act has created a stricter anti-bribery system than FCPA. There aredifferences in the objects, scope, exception, defense, and etc. Those internationalcorporations with business presence in or connection with UK cannot ensure the compliance with the latest international anti-bribery standards relying on the internalcontrol mechanism designed based on FCPA. It’s necessary to conduct a review andgap analysis of the current anti-bribery policies and procedures to ensure thecompliance.There are many deficiencies in our current legal system to control commercialbribery and the situation is not satisfactory. Several definitions and stipulations aredifferent and even contradictory between the ordinary law and special law. Obviously,it’s not a coordinated organic system in harmony. The experience of UK can beborrowed and the scattered articles should be consolidated into one Anti-CommercialBribery Act including both the substantial law and the procedural law. In addition,there are four inspirations: first, more focus should be put onto the control of briberyin private sectors and minimize the penalty difference with those in public sector;secondly, more focus should be put onto the offering a bribe and minimize the penaltydifference with accepting a bribe; thirdly, more focus should be put onto theimprovement of internal control and code of conduct in commercial organizations toprevent the bribery risk in advance rather than conduct punishment afterwards; lastly,the self-report and whistle-blowing channel and mechanism should be established andencouraged. It’s also important to ensure the safety and reward of the reporters andwhistle-blowers.

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