The Impact of US & UK Anti-bribery Law

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Søren Brinkmann, Lett Advokatfirma, recognised that the international business community is at risk if we are not aware of the scope and reach of the Anti-bribery laws in the US and UK.  Under the new rules, a manager, or responsible party, can go to jail, even if no-one within their company has made (or has knowledge of) any bribes. This applies regardless of the nationality of the company!

In contrast to the US and the UK laws, Danish anti-bribery and corruption law is characterized by vague regulation and limited punishment.  Danish regulation operates with a concept of ‘just bribery’ meaning that in order for bribery to be criminalized, it must first be shown to be 'unjust’.

“It takes very little to get into trouble”

“We are not hear to talk about fairness”

“What gives the US the right to do this?”

“the fact that they can!” (Guy Singer)

“The US believes that they have jurisdiction and will act upon this belief” (Guy Singer)

Comment by the Audience: “I don’t understand how they can have the right to do this?”

Answer: “Much of this will not make sense” (Guy Singer)

Comment by the audience: “I don’t like any of this”

Guy Singer worked as a US prosecutor focussing on violations of the FCPA (Foreign Corrupt Practices Act) for several years, before becoming a defense lawyer at Fulbright & Jaworski.

“What is crazy about the US” according to Guy Singer, is that hardly any real evidence is needed to initiate an investigation of a company and often the Defence Department will encourage the company themselves to do the initial investigation, saving government resources.

“Often there is a complete disbelief among non-Americans when they realize that they can in fact go to jail” (Guy Singer)

Unique to the US is the fact that the law allows for ‘facilitating payments’, covering payments which are 'necessary' to get a US person or goods into a country. Following an illogical logic of: “All bribes are bad, except some”.

An important difference between the UK and the US anti-bribery and corruption law is that whistleblowers get rewarded in the US system, by receiving a share of any settlement, this can be a very large amount of money.  This is certainly not the case in the new UK law, presumably to avoid the incentive to make false accusations.

“I am an English lawyer… Don’t be disappointed by the accent… I am from New York” (Lista Cannon)

“UK gets it right” (Guy Singer): It is a defence to show that ‘adequate procedures’ have been put in place to prevent bribery by those associated with the organization. This is not the case in the US – however having ‘adequate procedures’ in a US context does provide the lawyer with some beneficial arguments in arguing the case.  Lista Canon explained that there had been a consultation period between the UK government, British businesses, Lawyers and stakeholders involving a lot of discussion around how the new law would be implemented, what would count as 'adequate procedures', and how facilitating payments could be phased out without business grinding to halt.

Peter Kürstein, CEO of Radiometer Medical LOVES compliance.

Peter explained Radiometer's procedures to ensure that Radiometer staff are fully trained in Anti-bribery measures, and to ensure compliance throughout their supply chain.  Lista Canon, commented that this was a golden example of the 'adequate procedures' required by the new UK legislation.