i-law

International Construction Law Review

ANTI-BRIBERY LAWS: SOME COMPARISONS BETWEEN GERMANY AND THE UK

GILES DIXON1

GEORG GOESSWEIN2

DR OLAF HOHMANN3

Giles Dixon, Solicitors, Richmond-upon-Thames, England
LL M, Attorney at Law, Kressbronn, Germany
Attorney, Eisenmann Wahle Birk, Stuttgart, Germany

Introduction

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions4 has been ratified by 38 countries. Germany was one of the first to introduce implementing legislation, in 1999, and the new law has had a significant impact on business, with some high profile cases—and a big shift in attitude for a country in which bribery was previously a tax-deductible expense for companies trading internationally. The UK, having made some amendments to existing anti-corruption legislation in 2002, has only recently implemented the Convention in full, with probably the most far-reaching statute of any of the Convention countries and even the US Foreign Corrupt Practices Act (FCPA). The UK’s Bribery Act 20105 came into effect on 1 July 2011.

The UK legislation

In England, bribery is historically a common law offence, the law having developed over several centuries. Around 100 years ago three major laws were passed—under the Public Bodies Corrupt Practices Act 1889 bribery


Pt 1] Anti-Bribery Laws: Germany and the UK

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