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This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery.

The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources.

This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes.

This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that end, it identifies and assesses the existing anti-bribery laws in Kuwait, including a legal evaluation based on international standards. This study raises several issues concerning the lack of regulations of private bribery, facilitating payments and kickbacks in government contracts, and gifts and hospitalities in private sector, using UK Bribery Act 2010 (UK BA 2010) as a reference. This study showcases how these legal shortcomings are inconsistent with international treaties, and undermine efforts to tackle corruption. Emphasis has been put on criminalising private bribery, regulating the acceptance of hospitalities and gifts and abolishing the commission payment regime in public contracts in Kuwait.

Adopting a doctrinal focus, this paper examines case studies on curbing corporate bribery using both primary and secondary sources. Given the increasingly transitional and organised nature of business corruption, extravagant gifts and facilitating payments in public procurements globally, a comparison is drawn with the UK BA 2010.

Kuwait’s legal system does not criminalise bribery in private sector. Its anti-bribery laws are not at par with international standards. Therefore, the laws on disclosing commissions in public contracts must be abolished, and facilitating payments and hospitality payments in private sector must be regulated.

This study explores corporate criminal liability for bribery in Kuwait by investigating the weaknesses and legal shortcomings of the existing anti-bribery laws, and proposing reforms to counter these using UK BA 2010 as a guide.

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries.

It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement.

This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption.

In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries.

Assist to continue efforts to deter corruption.

No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

The purpose of this paper is to identify mechanisms by which an international obligation to prevent or punish corporate bribery can be enforced by a national law through trade relations.

The UK Bribery Act 2010 is an example of national law which enforces OECD anti‐bribery norms, with a view to effecting an institutional change in the law and morality of other countries. Taiwan is used as a case study to look at how the UK Act may achieve its intended purposes.

The paper identifies three modes of governance in the enforcement of the Act: legal exclusivism, legal inclusivism, and legal pluralism. In the mode of legal exclusivism, the Act disregards the morality of Taiwan so as to enforce the principle of transparency in trade. In the mode of legal inclusivism, the Act allows UK multinational companies to make their own “laws” so that anti‐bribery norms can be more efficiently and effectively diffused. But in the mode of legal pluralism, the Act is forced to acknowledge the law and morality of other countries (e.g. Taiwan), especially when mutual legal assistance is crucial for cross‐border investigation and prosecution.

Although this paper is based on an analysis of how the Act will interact with the law and morality of Taiwan, the model developed provides a lens through which one can show how an international norm enforced by a national law can function in a way that brings about institutional change in other countries.

The paper provides a new insight into how legal norms can be diffused through trade.

The purpose of this paper is to examine the scope of the legal responses to bribery and particularly foreign bribery in the global context. It identifies the corrosive effect of bribery and its negative effect on the economy, before turning to Australia’s mixed response to foreign bribery.

The paper is theoretical in nature as a review of policy, and the literature has been the main method used for analysis. Given the increasingly transnational and organised nature of foreign bribery, this paper adopts a comparative approach using Australia as the home base with some comparisons with the UK and the USA.

This paper finds that Australia’s response to foreign bribery is improving from a low base, and that this is recognised by the Organisation for Economic Cooperation and Development. Further improvement could be expected if there were strong government leadership and coordination of law enforcement authorities, including the police, corporate regulators and corruption authorities at the Commonwealth, state and territory levels. This paper acknowledges the work of Australia’s unfinished Senate Foreign Bribery Inquiry, which is due to report by 30 June 2017.

This paper revisits the debate on bribery and the response of law enforcement, highlighting the importance of effective and coordinated law enforcement. The paper will provide background for those analysing the issues with foreign bribery and the solutions for law enforcement.

The paper enables the reader to gain insights into the problems and causes and effects of foreign bribery. It is hoped that this paper will contribute to, and facilitate, further analysis of the most effective way to deal with bribery and the legal response.

The purpose of this paper is to assess the implications of The UK Bribery Act 2010 for businesses and in particular those with cross‐border activities.

This study relies on documentary research and using both primary and secondary data drawn from the public domain.

The study suggests why UK businesses and in particular those conducting cross‐country transactions should take the implications of this law seriously as the enforcement agency in the UK transforms to a more active mode. It also suggests why, despite some severe criticisms, the UK does not lag behind in the global fight against corruption.

This is an exploratory review paper to promote empirical research in a business sensitive theme.

Insights from the study should prompt business leaders to give sufficient attention to those areas with high risks of falling within the ambit of the Act.

The study's findings reinforce the ethical dimensions of cross‐border business practices.

This study uses the implications of the new UK Act to draw attention to the business community that with the passing of the Act business cannot be as usual; that compliance to the Foreign Corrupt Practice Act would be insufficient; and that despite controversies over implementation delays, the UK does not lag behind in the fight against corruption worldwide.

This paper aims to examine whether the vigorous enforcement of anti‐bribery laws has had an impact on the propensity of firms to engage in bribe‐giving in international business.

A set of statistical analyses was performed on data – Bribe Payers Index, a measure of bribe‐giving – from four years spanning a nine‐year period to ascertain trends in bribe‐giving.

The results indicate that the perceived level of bribe‐giving by firms from the major exporting countries has been declining. This decline has occurred at a time when the enforcement of national anti‐bribery laws has been stepped up greatly and international treaties against bribe‐giving have been adopted and increasingly enforced.

A robust legal approach to curb bribe‐giving appears to have a general deterrent effect on the propensity of firms based in the countries studied to engage in bribe‐giving. Data availability is limited to about 20 countries.

International cooperation among law enforcement agencies anchored in national laws and international treaties provide an effective basis to successfully prosecute bribe‐giving in international business.

This study strongly suggests that enforcement of national laws against bribe‐giving, coupled with cooperation among national governments, can play a significant role in reducing the perceived level of bribe‐giving in international business.

The purpose of this study is to highlight the unquantifiable importance that the UK Bribery Act (UKBA) has invigorated into commercial interactions of both natural and legal persons. This repealed all previous anti-corruption and bribery legislation in the UK. It has brought enhanced circumspection into how businesses are to be conducted with the emphasis being placed on adhering to level playing dimensions amongst the participants. The “Organisation for Economic Cooperation and Development (OECD) Pressure” can be rightly attributed to be a galvanizing ingredient that helped to propel the enactment. The UK is, perhaps, now seen as a global leader as far as anti-bribery matters are concerned with the incorporation of robust restraints glaringly introduced into the Act that has demonstrated positive emissions.

This study relies on both the primary and secondary legal documents in the analysis. These documents include but not limited to the Holy Bible, UKBA 2010, OECD Bribery Convention 1997, Foreign Corrupt Practices Act 1977 and case law. It is doctrinal in outlook.

There is a conspicuous indication that the Act has jolted commercial organisations to be very careful in the way they conduct their businesses in order not to fall foul of the Act. Compliance has improved tremendously. It should not be ruled out that the Act can still be tinkered with given the reactions that it has generated since coming into force.

This study gives the policymakers an enhanced hope to be able to plan for economic growth in the knowledge that the Act is there to act as a buffer against bribery that will eventually, depending on the quantum, could lead to money laundering. This is a negative to the economy.

The originality of this study is embedded on the fact that the emissions that the Act has introduced should be acknowledged and adhered to irrespective of the negatives that may be attributed to the Act.

This article aims to examine some of the implications of the UK Bribery Act (UKBA) 2010 for business in Africa and reviews the effectiveness of strategies African governments have adopted to prevent bribery. The author proposes the development of a bespoke anti-bribery management system (ABMS) based on empirical research. This would help African institutions overcome some of the challenges associated with enforcing regulatory measures formulated in developed countries.

The paper takes the form of a literature review and commentary.

The UKBA has extra-territorial jurisdiction which empowers UK courts to prosecute cases of bribery committed abroad by UK companies and their associates. The risk of prosecution is likely to affect foreign direct investment and official development aid flows to Africa. However, companies can escape prosecution if they can prove that they have adequate procedures in place to prevent bribery. This raises the question as to whether the legislation shifts the responsibility of fighting bribery to under-resourced overseas business partners and supply chains. While most African governments have adopted robust anti-bribery laws, their enforcement is hampered by weak institutions.

Empirical research is required to assess the impact of the legislation over the next five years.

African organisations must be sensitised about the consequences of violating the UKBA to ensure they adopt appropriate anti-bribery strategies.

This article contributes to literature by exploring the development of evidence based ABMS for African organisations which is currently lacking.