21 August, 2016
Clients operating across Asia Pacific face strict anti-bribery laws often coupled with a cultural tradition of gift giving and relationship building. Our new improved and expanded edition on “Gifts, Entertainment, Travel and Training” is aimed at helping clients navigate the local and international anti-bribery rules relating to the giving of gifts and entertainment. These rules often differ across jurisdictions and our Guide provides helpful guidance on what may or may not be prohibited and what steps can be taken to minimize the risk of falling foul of anti-bribery laws.
The Guide covers 15 jurisdictions across the region and provides practical guidance on parameters for the provision of gifts, and business hospitality, the status of charitable donations and benefits provided to third parties, and whether authorization may mitigate liability. In this new expanded version of the Guide we have also included chapters summarizing the key long-arm statutes, the US Foreign Corrupt Practices Act and the UK Bribery Act, and have included handy ‘at a glance’ checklists at the end of each country chapter.
The Guide will be of assistance to members of Legal and Compliance teams who are expected to provide guidance to their businesses in relation to the provision of gifts, entertainment, travel and training.
Key topics covered by the Guide include:
- the general scope of local anti-bribery laws (e.g. whether they cover both public and private sector bribery, and the meaning of “public official”)
- the kinds of gifts likely to be considered acceptable
- the forms of entertainment likely to be considered acceptable
- whether and to what extent travel and accommodation may be provided for
- whether rules cover relatives of public officials
- whether consent or disclosure may legitimize an otherwise problematic advantage
- fines and penalties
The Guide has been compiled by our network of Herbert Smith Freehills Corporate Crime & Investigations specialists, with the assistance of local counsel in certain jurisdictions. It compliments other guides in our series, such as the 2015 Guide to Anti-corruption regulation in Asia Pacific and the 2015 Global Anti-corruption Report.
To request a copy of the Guide, please email asia.publications@hsf.com
For further information, please contact:
Kyle Wombolt, Partner, Herbert Smith Freehills
kyle.wombolt@hsf.com
