Questions and Answers
What is prohibited under the FCPA and UK Bribery Act?
Bribing foreign public officials
What kind of gifts are permissible under the FCPA and UK Bribery Act?
Gifts that are culturally relevant
In which country is it customary to bring small gifts to meetings?
Japan
Study Notes
- The FCPA prohibits bribery of foreign public officials, including those acting in an official capacity for or on behalf of a government department, agency, or instrumentality.
- The UK Bribery Act is similar, but also includes private sector employees.
- A bribe is any gift, cash payment, or other benefit given to a foreign public official in order to improperly influence their decision making.
- Gifts must be of minimal value, not cash, and must not be intended to improperly influence the recipient.
- Entertainment is not permissible under the FCPA or UK Bribery Act, but small gifts are allowed if culturally relevant.
- Gifts and entertainment policy must be reported and documented.
- In Japan, it is customary to bring small gifts to meetings.
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