1. Britain Tackles Bribery 1 September 2011 Kaiserštejnský Palace, Malostranské nam. 23, Prague 1 Katie Schoultz The UK Bribery Act

2. Roadmap The UK Bribery Act  What does it do?  How will it be enforced?  Inspirational or whacky?

3. Background  OECD Convention  UK’s bad report card  Response to criticism  “FCPA on steroids”

4. What Does it Do? – 4 New Offences  Giving a bribe  Taking a bribe  Bribing a foreign public official (all apply to both companies and individuals)  Failing to prevent bribery (applies to companies only, strict liability)

5. A Step Further than the Americans  Applies to anyone doing business in UK  Zero tolerance approach - no grease payments  Private and public business deals are caught

6. Casting a Wide Net  Failing to prevent bribery is a strict liability offence – defence of “adequate procedures”  Foreign Public Official is widely defined  No grease payments allowed  Corporate hospitality or criminal kickback?  Tax havens

7. Is it fair?  Meddling in other countries’ affairs?  Or boxing clever?  Self-cleaning  Is it worth the risk?

8. Where will the Axe Fall?  Zero tolerance in the Act, prosecutor discretion in practice; no automatic exceptions, no bright lines  SFO’s plans  SFO’s budget  International co-operation  Plea bargaining  Easy targets

9. A Source of Inspiration?  Companies can be criminals in the UK  Playing by the rules  Virtue in vagueness  The self-cleaning kettle  Stoking debate

10. Any Questions? Katie Schoultz Schoultz & Partners, Law Office schoultz@szps.eu Tel: 603 451 079 www.schoultzpartners.eu