Forensics – A Study Of Cases

The best way of demonstrating the applicability of the UK Bribery Act (the UKBA) and the US Foreign Corrupt Practices Act (FCPA) in South Africa is by way of case studies.

The applicability of the US-enacted FCPA to agencies

The FCPA specifically provides that payment to third parties to facilitate corrupt acts is a violation and includes onerous penalties for doing so.

For example, a company constructing subsea oil equipment in Nigeria authorised an agent to pay processing fees to Nigerian customs officials. Over a period of five years, the agent made more than 400 payments involving an amount of some USD 2,5 million. Following an investigation into the company's corporate operations worldwide, it was found that these payments amounted to a violation of the FCPA. The corporation cooperated and pleaded guilty, incurring a fine of USD 26 million.