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International

ASIA FOCUS: Mooncake sales plummet but bribery risks remain. Our recipe for a bribe free Autumn Festival.

With the relocation of our colleague Neil McInnes to Asia we shall be running a series of focus articles on regional anti bribery issues.  In this our first we pick up on mooncakes. By Neil McInnes, Partner Pinsent Masons M Pillay LLP Today, 8 September, is this year’s Chinese Mid-Autumn Festival, also known as the Mooncake or Lantern festival. So thebriberyact thought it would be a good idea to shine its anti-corruption lantern (ahem) on mooncakes, the edible 'delicacies' traditionally given to mark the occasion – and often highlighted for their corruption risk across Asia Pac. How should you assess the bribery risk posed by this lotus seed paste and egg yolk sweetmeat? What do recent mooncake trends in different Asian jurisdictions tell us about gift giving more generally and how to manage your corruption risks around festive periods in the region and elsewhere? A little bit of background... To start, a quick bit of history. ...

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Sectors

REVIEW: Transparency International: Publication – How to Bribe, a typology of bribe paying and how to stop it

Earlier this year we and Pinsent Masons LLP sponsored the publication by Transparency International UK of this publication.  It's free, though TI request a donation of £25 - it's a charity after all - but you don't have to donate if you don't want to. How to bribe, a typology of bribery and how to stop it is a compendium summary of examples of bribery as they have manifested.  The idea, to enable readers to identify situations where bribery might occur in their own businesses and how. Barry wrote the forward and was approached by TI-UK some time ago.  The idea appealed as we are keen proponents of helping companies comply and making compliance relevant for business.  It's no good parroting sections of the Bribery Act or FCPA and expecting people to really understand.  We think people need real life examples and practical tips and guidance.  This is what the booklet offers. ...

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News & what’s on

Failure to prevent economic crime: seismic shift in criminal law – may happen with stroke of a pen

Those who would doubt the hardening enforcement environment in the UK toward corporate crime will no doubt have an answer to the new Attorney General, Jeremy Wright QC MP, maiden speech at last weeks Cambridge Symposium.  In a fairly long speech we have extracted some key elements.  The AG said: “Tackling Economic Crime: a Priority Issue for HMG The United Kingdom is the home of a global financial and business centre and has a responsibility to play a leading role in efforts to tackle economic crime and corruption. This Government has made it a priority to ensure we have the correct laws and structures in place tackle fraud and corruption, and to improve detection of money laundering. We also need to have an accurate assessment of future risks that we face and ensure that we are using our resources as effectively as possible. Since last year’s Symposium there have been a number of noteworthy ...

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Bribery Act & Proceeds of Crime

SFO GC. Alun Milford. Read my lips. This is what we want.

Legal Privilege. Boring lawyers debate or the foundation of basic legal rights. There is a debate on at present dealing with a difference between what the SFO is perceived to want and what the SFO perceive defence attorneys give. Based on the rhetoric it is widely perceived that there is a gulf between the two sides.  We consider that it should be possible to come up with something which works for both. But that is another post! We have spoken about it in passing before.  We understand and sympathise with the SFO position. Yesterday, Alun Milford brought welcome clarity to the debate with a crisp and straightforward explanation. We repeat it in full below - because you should read it, especially if you are looking to establish trust and credibility with the SFO and meet its expectations for consideration for a DPA. Alun Milford: The Use of Information to Discern and Control Risk 02 September 2014

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Your Questions: Answered

The recipe for a compliant summer internship program

Dear Barry & Richard, My company runs a summer internship program and applications to participate close in the Spring. Every year I typically receive extra requests outside the program, in July and August, to provide a week or two vacation placement work experience for kids who are the children of people who know colleagues of mine. When I tell my colleagues in the business that the deadline for applications has been missed I am met with pleas to make an exception in this or that case, told that the commitment has already been made or that I'm just not being very commercial. On the other side of the coin though I have read that an internship could be a bribe and so I don't know what to do. Should I cancel the internship program? Barry and Richard Answer Don't cancel the internship program. You are not alone in dealing with these challenges. Back in the day when an internship ...

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