Sentences with phrase «as the bribery act»

This new legislation is not dissimilar to other legislation designed to influence corporate behaviour, such as the Bribery Act and the GDPR, and as such requires a similar approach to assess risk and put measures in place to prevent the targeted activity from occurring.

The SFO will publish operational guidance and Codes of Practice from time to time (e.g., on issues of treatment of evidence, witnesses and legal representation at interviews, deferred prosecution agreements, corporate self - reporting) and also publishes its related prosecution policies and protocols (such as the Bribery Act Joint Prosecution Guidance of The Director of the Serious Fraud Office and The Director of Public Prosecutions, Guidance on Corporate Prosecutions, etc.).7 These are not, however, consultative processes aimed at clarifying the SFO's approach to legal interpretation or jurisdictional issues (as in the case of the DOJ opinion procedure or SEC no - action letters).

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Although the introduction of the UK Bribery Act has no doubt improved the UK's ranking since 2010, recent events such as the phone hacking scandal have shown that there are still too many areas of corruption vulnerability in the UK public sector.

The SFO has said it expects it will only mount an additional 1.3 prosecutions a year as a result of the Bribery Act coming into force.

The committee stated the charge against the justices as «bribery and corruption contrary to S. 244 of the Criminal Offences Act and Rule 2 of the CCMG.»

The Supreme Court said that in the future, bribery - related charges would require that any official act performed as part of a quid pro quo would have to involve a formal exercise of government power, not just a meeting or a phone call.

Percoco's defense against the federal bribery charges — that one has to be a state employee in name, if not in fact, in order to act as a public official — troubles good government groups.

Percoco's defense against the federal bribery charges — that one has to be a state employee in name to act as a public official — troubles good government groups.

«The suspension follows the establishment of a prima facie case against the four Justices, by the Committee set up by the Chief Justice to investigate alleged acts of bribery and corruption against certain persons, including the four Justices, as contained in the 29th August, 2015 petition of Mr. Anas Aremeyaw Anas,» the statement said.

They wrote that the McDonnell ruling did hold that exerting pressure on another public official to perform an official act qualifies as an official act under bribery statutes.

Last month, the US Supreme Court vacated McDonnell's corruption conviction and ruled that gifts to public officials must result in «official acts,» like legislation, to count as bribery.

That ruling, reached six months after the Skeloses were convicted, significantly narrowed the definition of an «official act» as it applies to federal bribery statutes and found that, while the McDonnell case was «distasteful,» it did not rise to the level of public corruption.

In 2016, Howe, 57, admitted to acting as the middleman in Percoco's alleged bribery schemes and agreed to testify against him as part of a plea deal.

But Sampson's lawyers, in a letter to Brooklyn U.S. District Judge Dora Irizarry, said the favors — contacting state agencies and private parties on the broker's behalf — would no longer qualify as «official acts» that could establish a bribery scheme under the new Supreme Court definition.

In the last few years the Bribery Act, Corporate Manslaughter Act and other legislation has all directly affected academies and insurance provisions as has case law.

Indeed, the jurisdictional reach of statutes such as the US Foreign Corrupt Practices Act 1977 and the UK Bribery Act 2010 means that conduct in Asia is often at the heart of enforcement actions by UK and US authorities, making the rules of privilege in the UK and US particularly important to multinational corporates.

He has 12 years» experience of major commercial litigation in such diverse areas as bribery and corruption of senior executives and misappropriation of corporate assets (including the 24 - week Fiona Trust trial), international arbitration (typically LCIA, ICC, LMAA and UNCITRAL and frequently for or against states or state - owned companies), proceedings in the Commercial Court under the Arbitration Act 1996, banking litigation, offshore engineering, shipping and insurance.

«This is a blog on the «nuts and bolts» of anti-corruption and anti-bribery compliance under laws such as the Foreign Corrupt Practices Act and U.K. Bribery Act.»

She has significant expertise handling, fraud, false accounting, bribery / corruption, money laundering and terrorism matters as well as acting in relation to market abuse, disclosure and listing obligations for listed companies.

Consequently, as we enter the Bribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving comBribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving combribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving companies.

Finally, Sánchez & Salegna complies with and respects the provisions of the US Foreign Corrupt Practices Act as well as the UK Bribery Act 2010.

It now includes fraudulent manipulation of stock exchange transactions, insider trading, falsification of books, extortion, forgery and other offenses resembling forgery, criminal breach of contract, bribery of judicial officers, and secret commissions, as well as new offences under the Corruption of Foreign Public Officials Act.

As solicitor general, Garnier was instrumental in the introduction of the American — style deferred prosecution agreements (DPAs) for those companies held to account under the Bribery Act 2010 and for several other financial crimes.

We were involved in four of the 10 largest DOJ Foreign Corrupt Practice Act (FCPA), UK Bribery Act and anticorruption investigations, including as monitor of one of the largest FCPA matters in recent history.

Mr David also advises multinational companies and financial institutions in relation to their anti-money laundering, ethics and anti-corruption programmes, with particular focus on the UK Bribery Act and the concept of adequate procedures, as well as the broader issues of anti-bribery risk management, compliance and training.

As Burges Salmon reported in March 2016, Sweett Group plc (now Sweett Group Limited), a construction and professional services firm, was the first company to be convicted of the «corporate offence» under Section 7 of the Bribery Act 2010.

The offences utilise the same model of strict corporate criminal liability as first seen in the corporate offence of failure to prevent bribery as seen in Section 7 of the Bribery Acbribery as seen in Section 7 of the Bribery AcBribery Act 2010.

To date, three of the four DPAs secured in the United Kingdom have not faced any difficult application of corporate criminal liability: Standard Bank plc related to the strict liability offence of failing to prevent bribery under section 7 of the Bribery Act 2010; XYZ Ltd applied to a small company in which the directing mind and will was easily identified; Rolls - Royce related to the strict liability offence of failing to prevent bribery as well as substantive offences of bribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the cbribery under section 7 of the Bribery Act 2010; XYZ Ltd applied to a small company in which the directing mind and will was easily identified; Rolls - Royce related to the strict liability offence of failing to prevent bribery as well as substantive offences of bribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the cBribery Act 2010; XYZ Ltd applied to a small company in which the directing mind and will was easily identified; Rolls - Royce related to the strict liability offence of failing to prevent bribery as well as substantive offences of bribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the cbribery as well as substantive offences of bribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the cbribery and corruption involving, on the facts as admitted by Rolls - Royce for the purposes of the DPA, controlling minds of the company.

Last year, Michael also acted for individuals implicated in the Tesco corruption investigation, the Rolls Royce bosses bribery probe with the SFO as well as the head of foreign exchange at Barclays.

Emma notably acted for the Directors of London based oil and gas company, Soma, in relation to the SFOs investigation into allegations of bribery and corruption as well as a...

With regard to facilitation payments which the Bribery Act 2010 unequivocally classes as bribes (in contrast to the equivalent statute in the US), Alderman drew up a «six - stage solution» the effect of which was to suggest that they might be tolerated.

Our bribery and corruption lawyers also handle internal company investigations, acting for witnesses as well as for companies, sometimes in conjunction with teams of other lawyers in the UK and internationally.

The introduction of wide reaching legislation in the UK (including, the Enterprise Act 2002, Proceeds of Crime Act 2002, Serious Organised Crime Act 2005, Fraud Act 2006, Corporate Manslaughter and Corporate Homicide Act 2007, Bribery Act 2010 and the Criminal Finances Act 2017) as well as the increasingly global and aggressive approach taken by the regulatory authorities both in the UK and abroad, highlight the need for businesses, their officers and employees to be able to navigate their way effectively through the regulatory minefield facing them in their day - to - day operations.

There is no formal basis on which to approach the Serious Fraud Office (SFO) for guidance as to whether a party's conduct infringes the Bribery Act 2010, for example.

The UK Bribery Act 2010 is tougher than the FCPA — criminalising commercial bribery, as well as the bribery of foreign officials and having no «facilitation payments» excBribery Act 2010 is tougher than the FCPA — criminalising commercial bribery, as well as the bribery of foreign officials and having no «facilitation payments» excbribery, as well as the bribery of foreign officials and having no «facilitation payments» excbribery of foreign officials and having no «facilitation payments» exception.

You can take money, so long as you disclose it — as opposed to bribery, where you just can't take money to do an official act.

The one area where I have strengthened the team is on the compliance front as it became clear to me that we needed to do more to respond to «generic» legal risks (such as those presented by the Bribery Act, the Data Protection Act and the Environmental Information Regulations).

In addition he has presented client seminars and delivered keynote speeches on topics such as TUPE and the Bribery Act 2010.