Firms could face Bribery Act prosecution over FCPA compliance

Foreign institutions may be left open to prosecution under the UK Bribery Act by continuing to document facilitating payments as required by the Foreign Corrupt Practices Act (FCPA).

As a result, firms that fall under both pieces of legislation could face a serious conflict, argues Luke Steadman, a managing director at consultancy Alvarez & Marsal, as the evidence mandated by US authorities could also be used by their counterparts in the UK to show tolerance of facilitating payments.

The FCPA