Firms could face Bribery Act prosecution over FCPA compliance

Mark Sands
20 May 2011

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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

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