Reviewing Anti-Bribery Law on Combating Bribery of Foreign Public Officials

Reviewing Anti-Bribery Law on Combating Bribery of Foreign Public Officials

 

Title
Reviewing Anti-Bribery Law on Combating Bribery of Foreign Public Officials
Author
Szu-Han Huang , Chih-Chieh Lin
Keywords
Bribery, Foreign Officials, FCPA, Enterprises, Compliance Program
Abstract
In recent years, anti-bribery of foreign public officials has received high attention
by the international community. While the U.S. government expands the enforcement
region of the Foreign Corrupt Practices Act (FCPA) from Europe and
America to Asia, the enterprises and technology industries in Taiwan should pay
more attention to the prohibition against bribing foreign officials in order to decrease
legal risk. In the past, the main regulate focus of the corruption prohibition
laws in Taiwan were mainly on the public sector. Although the bribery of foreign
officials became criminalized in Taiwan in 2003, from the perspective of implementing
the anti-bribery policy and enhancing the competitiveness edge of the enterprises,
the laws currently in force leave many problems to be solved, and the
enterprises was left no clear rules to comply. For the first part of this article, it will
introduce the issues currently existed in the anti-bribery laws in Taiwan. In the sec-
ond part, this article will clarify the recent issues regarding the corporate compliance
program of the FCPA. Finally, it will consider and provide legislative suggestions
that may improve Taiwan’s anti-bribery policy from the perspective of U.S.
law and on the basis of qualitative research conducted.
Abstract Article

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