Anti-Corruption Laws in China, US, UK and Other European Jurisdictions
From law firm McDermott Will & Emery, an overview of anti-bribery and anti-corruption laws in China, the United Kingdom and selected European countries, and the United States,
“What emerges is that, whilst both the long reach of the US rules and pressure from the Organisation for Economic Cooperation and Development has meant that foreign corrupt practices are now to a greater extent unlawful in many jurisdictions worldwide, significant differences remain as to enforcement regimes. For example, facilitation payments are exempt in Germany in certain circumstances, but are not exempt under any circumstances in either the United Kingdom or the People’s Republic of China. In many other countries, both public and private bribery (whether domestic or foreign) are expressly outlawed, but the tests vary widely. Notably, In the United States under the US Foreign Corrupt Practices Act (the FCPA), a territorial nexus that is seemingly only tangential—such as a phone call or email from the United States or use of a US bank to clear funds relating to the foreign transaction—may be sufficient for the Department of Justice to exert US jurisdiction.
The clear trend is that the enforcement of anti-corruption laws has become a major focus of law enforcement and regulatory authorities not just in the United States but globally.”
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