Anti-Bribery Laws and Gift Policies

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Questions and Answers

What is prohibited under the FCPA and UK Bribery Act?

  • Bribing foreign public officials (correct)
  • Making cash payments to private sector employees
  • Giving gifts of minimal value to foreign public officials
  • Offering entertainment to foreign public officials

What kind of gifts are permissible under the FCPA and UK Bribery Act?

  • Cash payments
  • Gifts of minimal value
  • Gifts that are culturally relevant (correct)
  • Entertainment

In which country is it customary to bring small gifts to meetings?

  • The United States
  • The United Kingdom
  • Germany
  • Japan (correct)

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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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