Anti-corruption regulations are designed to prevent bribery, corruption, and unethical practices within organizations and across borders. These regulations vary significantly across different jurisdictions, reflecting local legal frameworks, cultural norms, and enforcement mechanisms. 

Here’s how anti-corruption regulations differ across key regions:

United States: Foreign Corrupt Practices Act (FCPA)

The FCPA is a prominent anti-corruption law that applies to U.S. companies, foreign companies listed on U.S. stock exchanges, and their employees, agents, and subsidiaries. It includes anti-bribery provisions and accounting requirements for accurate record-keeping and internal controls. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) enforce the FCPA, which has a broad extraterritorial reach, allowing it to address corrupt activities conducted outside the U.S. if they involve U.S. persons or entities.

United Kingdom: UK Bribery Act

The UK Bribery Act is one of the strictest anti-corruption laws globally, covering bribery of foreign and domestic officials, commercial bribery, and corporate liability for failing to prevent bribery. The law imposes strict liability, meaning companies must demonstrate they had adequate procedures to prevent bribery. The Serious Fraud Office (SFO) and other agencies enforce the UK Bribery Act, with penalties including unlimited fines and imprisonment.

European Union: Various National Laws and Directives

The EU does not have a single overarching anti-corruption law. Instead, each member state has its own national laws, influenced by EU directives and international conventions. Efforts to harmonize anti-corruption measures include the EU Anti-Corruption Report and directives on public procurement and financial crimes. However, enforcement and specific provisions vary widely among member states.

China: Anti-Unfair Competition Law (AUCL) and Other Measures

China’s primary anti-corruption laws are the Anti-Unfair Competition Law (AUCL) and the Criminal Law of the People’s Republic of China, focusing on bribery involving state officials and commercial bribery. Significant anti-corruption campaigns target both government officials and private sector corruption, with rigorous enforcement often resulting in severe penalties, including imprisonment and, in extreme cases, the death penalty.

Brazil: Clean Company Act

Brazil’s Clean Company Act holds companies liable for corrupt practices, including bribery of foreign and domestic officials. The law focuses on corporate responsibility and imposes strict penalties for violations. Leniency programs allow companies that voluntarily disclose corruption and cooperate with investigations to receive reduced penalties. Enforcement is carried out by various agencies, including the Office of the Comptroller General (CGU) and the Federal Police.

India: Prevention of Corruption Act (PCA)

India’s Prevention of Corruption Act (PCA) targets public sector corruption, criminalizing bribery of public officials and including provisions for punishing both the giver and the receiver of bribes. Recent amendments have strengthened anti-corruption measures, including stricter penalties and corporate liability. The Central Bureau of Investigation (CBI) and the Central Vigilance Commission (CVC) are the primary enforcement agencies.