Transcript Dias nummer 1

International Anti-Bribery & Corruption
The significance for Danish and Global Businesses of
U.S. & U.K. Anti-Bribery Regulation & Enforcement
12 May 2011,
Side 1
LETT Law Firm
Fulbright & Jaworski L.L.P.
British Chamber of Commerce in Denmark
Danish-American Business Forum
Agenda
10:45-11:00
Registration (morning seminar)
11:00-11:15
Welcome by BCCD and DABF and introduction by LETT Law
Firm
11:15-12:00
Fulbright (part. 1)
12:00-12:15
Break and networking
12:15-13:00
Fulbright (part 2.)
13:00-14:30
Lunch including shorter presentations by CEO Peter Kürsten
of Radiometer A/S, and Jens Berthelsen of Transparency
International – Q&A
12:45-13:00
Registration (afternoon seminar)
14:30-14:45
Welcome by BCCD and DABF and introduction by LETT Law
Firm
14:45-15:30
Fulbright (part. 1)
15:30-15:45
Break and networking
15:45-16:30
Fulbright (part 2.)
International Anti-Bribery & Corruption – 12 May 2011 – Søren Brinkmann
Side 2
Introduction
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Extent of bribery and corruption impossible to assess – most
likely to be several BEUR in the EU alone
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Numerous cases with “public” and “private” bribery and
corruption across the world
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The OECD Anti-Bribery Convention establishes legally
binding standards to criminalise bribery of foreign public
officials in international business transactions and provides for
a host of related measures that make this effective. All
members have adopted the Convention

Various national efforts
International Anti-Bribery & Corruption – 12 May 2011 – Søren Brinkmann
Side 3
The Danish Penal Code
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The Danish Penal Code implements i.a. EU and OECD
legislation
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Section 122: active bribery
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To Danish and foreign public officials/organisations
The offer itself is criminalised
Jail up to 3 years
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Section 144: passive bribery
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Received by public officials/organisations
Jail up to 6 years
Presents? (FOB 1976.83)
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Section 299: ”required to take care of others assets” or ”kickback”
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Management of a company
Material loss
Receive or give kick-back is criminalised
Jail up to 1 year and 6 months
International Anti-Bribery & Corruption – 12 May 2011 – Søren Brinkmann
Side 4
Actions in Denmark
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Danish companies do not have a particular focus on anti-bribery or
corruption for cultural reasons – but even smaller and medium
sized Danish companies may easily loose track of all actions of its
employees
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The efforts in Denmark have been intensified by the police /
prosecutor (Bagmandspolitiet) in recent years. Joint investigations
with foreign police and prosecutors. Nevertheless few examples…
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Cases in short:
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Mission Pharma A/S
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Burmeister & Wain Scandinavian Contractors
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Carl Bro
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”Oil for food” (Novo Nordisk, Grundfos, Ferring and Leo Pharma)
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Fjord Fresh
International Anti-Bribery & Corruption – 12 May 2011 – Søren Brinkmann
Side 5
Copenhagen
Raadhuspladsen 4
DK-1550 København V
Tlf. +45 33 34 00 00
Fax +45 33 34 00 01
Kolding
Jernbanegade 31
DK-6000 Kolding
Tlf. +45 33 34 00 00
Fax +45 33 34 00 01
International Anti-Bribery & Corruption – 12 May 2011 – Søren Brinkmann
Side 6
Aarhus - Rådhusgården
Vester Allé 4
DK-8000 Aarhus C
Tlf. +45 33 34 00 00
Fax +45 33 34 00 01