Anti-corruption laws are critically important for combating corruption around the globe, including Russia. Corruption has corrosive effects on democratic institutions and deteriorates the normal course of doing business. Lately, there is a significant government focus on stamping out bribery and corruption in Russia. Bribery and corruption can take many different forms, and there is an increasing view that it is ultimately bad for long-term business success. Accordingly, Russian and Western regulators are highly focused on (and are prosecuting) extra-territorial violations by overseas companies. Below is a simplified comparison of regulatory frameworks of Russian, UK and US anti-corruption laws that shall be taken into account by non-Russian companies operating in Russia.

UKBA

FCPA

Russian Criminal Code
and Anticorruption Law

Prohibits Bribery of Foreign Officials

yes

yes

yes

Prohibits receipt of bribes

yes

no

yes

Prohibits Bribery in Private Commercial Transactions

yes

no

yes

Facilitation ("Grease") Payments Permitted

no

yes

no

Payment of Bona Fide Business Expenses Permitted

no

yes

yes

Extra-Territorial Effect

yes

yes

yes

Disqualification from Future Government Contracts

yes

yes

yes

Liability for Third Party (Agent/Consultant) Actions

yes

yes

no

Whistleblower Bounty

no

yes

no

Procedures/Training Mitigate Corporate Offence

yes

yes

no

Lawfulness of Action In Country a Defence

yes

yes

yes

Government Pre-Action Opinion Available

no

yes

no

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.