Today, dear reader, I am reproducing two articles culled from Britain's Telegraph newspaper. The first one explains the new UK Bribery Act. The second piece is an interview with the chief of the UK Serious Fraud Office (SFO) Sir Richard Alderman.
Both articles are by the Telegraph's Jonathan Russel.
I do hope our ruling elites will take note of the new UK Bribery Act - as it has dire consequences for those of them who are in the habit of accepting bribes. Please read on:
"What is the Bribery Act?
As official guidance on the Bribery Act is released by the Ministry of Justice, we list the key points that you need to know.
By Jonathan Russell 6:00AM BST 31 Mar 2011
The Bribery Act is designed to bring the UK in line with international norms on anti-corruption legislation. It will make it a criminal offence to give or receive a bribe. It will also introduce a corporate offence of failing to prevent bribery.
Under the powers granted by the new law prosecutors, essentially the Serious Fraud Office, will be able to prosecute both domestic and foreign companies, providing they have some presence in the UK. Bribes committed in the UK and abroad could be prosecuted under the Act.
Some experts have argued the new law could put British companies at a disadvantage as it goes further than similar legislation in other jurisdictions. Under UK law bribes offered to public and private officials or executives will be illegal.
Making facilitation payments, whereby Governmentofficials are paid to carry out services they should normally do, will also be illegal.
Individuals will face up to 10 years in prison and an unlimited fine if found guilty of committing bribery.
Under the corporate offence a company faces an unlimited fine if it is found to have failed to prevent a bribe taking place.
The guidance released by the Ministry of Justice was designed to instruct companies on the measures they need to put in place to avoid being prosecuted under the Act. "
(Second Telegraph piece)
" "SFO chief Richard Alderman interview: 'It's time to get on and enforce the Bribery Act'
As official guidance on the Bribery Act is released by the Ministry of Justice, we ask Richard Alderman, director of the Serious Fraud Office, what will happen next.
Richard Alderman has encouraged British companies to 'tip off; the SFO about deals that run contrary to the Bribery Act' Photo: Paul Grover
By Jonathan Russell 6:30AM BST 31 Mar 2011
Q. What are your initial impressions of the guidance on the Bribery Act?
A. I am very pleased that the guidance has now been published. I think it is good the Government has taken the time to listen to business in order to get the law right. Our job now is to get on and enforce it.
I will be looking at a number of things. I want to see companies police themselves and develop and anti-corruption culture. I want to get on and investigate those companies that are putting our ethical UK businesses at disadvantage by offering bribes.
Q. Will you investigate foreign companies that are listed in London that you suspect may be involved in bribery?
A. Yes. My view is that we have a very wide jurisdiction. My role will be to whether these very limited circumstances are satisfied. We will be looking to see whether they fall within the Act. We will be looking to see what activities are carried on the UK. I think this exclusion is very limited and it right for us to probe whether that exemption is satisfied. I would say companies should not rely on over-technical interpretations of the Act.
Q. Is having a UK subsidiary enough to generate liability for a foreign group?
A. There may be circumstances were the test maybe satisfied. However we will be looking in respect of the activities of these foreign companies.
Q. What are your concerns about implementing the Bribery Act?
A. My concern has always been if investigations and prosecution powers (of the SFO) are split the fight against complex economic crime will damaged. I don’t want to see it (the SFO) split up.
Q. What should companies do now?
A. The Act will come into force in three months time. What I am asking is for companies to come to me if they are being disadvantaged by their competitors paying bribes. Come and talk to me"
So there it is, dear reader. Corruption amongst our ruling elites is slowly eroding the confidence of ordinary Ghanaians in our country's democratic system of government.
If corruption is not dealt with effectively, by prosecuting and jailing the politicians, top public officials and the mercenary journalists whose silence they purchase, Ghanaian democracy will not survive, in the long-term.
Hopefully, the new UK Bribery Act, will stop yet another president of the Republic of Ghana, following in the footsteps of the perfidious President Kufuor: who ignored section 2 of the Divestiture of State Interest Act (DSIA) - and handed over a valuable national asset, to corrupt foreign investors, on a silver platter, and under rather dubious circumstances.
The controversial Vodafone takeover of Ghana Telecom is a classic example of the kind of nation-wrecking privatisation deals, which are eroding the confidence of ordinary Ghanaians in our democratic institutions. Such shenanigans ought not to be countenanced, under any circumstances, going forward.
Perhaps the head of Ghana's Economic and Organised Crime Office (EOCO) ought to talk to the head of the UK SFO, with a view to gaining insights into how the EOCO can deal with all those who took part in that Vodafone takeover of GT - and prosecuting them here too.
Any law passed to indemnify those who take part in the rip off of our nation, cannot be allowed to stand - as it contravenes the constitutional edict calling on all Ghanaians to fight corruption.
Since that outrageous law, which was passed to indemnify those who took part in the sale and purchase agreement of the so-called "Enlarged Ghana Telecom Group" provides legal cover for corrupt individuals, the EOCO must simply ignore it.
Finally, if the EOCO has heard the bush telegraph story that "chop chop" kickbacks were collected in London by some Ghanaians, for the new bio-metric Ghanaian passport printing deal, what exactly are they going to do about it - assuming there is some truth in it, that is?
Hmm, Ghana - eyeasem oo: asem kesie ebeba debi ankasa. The bribe-takers amongst Ghana's ruling elites, who refuse to change their ways, must start worrying - for they could soon be facing British judges in British law courts! A word to the wise...
Tel (powered by Tigo - the one mobile phone network in Ghana that actually works!): +233 (0) 27. 745 3109.
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