THE OECD Working Group on Bribery has just completed its report on the UK's application of the Convention of Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments. The report states that the United Kingdom has significantly boosted its foreign bribery enforcement efforts but needs to be more transparent when resolving cases
The Working Group made the following further steps to improve the UK's fight against foreign bribery:
++ Maintain the Serious Fraud Office's role and resources in criminal foreign bribery investigations and prosecutions;
++ Avoid confidentiality agreements that prevent disclosure of key information about settled cases;
++ Promptly adopt a roadmap to proactively extend the Convention to Overseas Territories;
++ Clarify the significance of “reasonable and proportionate” hospitality and promotional expenditures;
++ Clarify the distinction between provision of advice and self reports;
++ Continue to provide evidence to other countries after settlements, where appropriate;
++ Ensure that companies effectively move towards “zero tolerance” of facilitation payments.
The report also highlighted positive aspects of the UK's efforts to fight foreign bribery. The Serious Fraud Office has significantly increased foreign bribery enforcement. The UK government, including through its overseas missions, has made substantial efforts to raise awareness of the Bribery Act and the foreign bribery offence. Coupled with the publicity surrounding the enactment of the Bribery Act, this has led to heightened awareness of foreign bribery-related issues in the UK. The Working Group also notes the UK's interesting approach of requiring companies to compensate the country of a bribed official, although further refinements are recommended.
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