Annex 2
SUPPLEMENTARY QUESTIONS TO BAE SYSTEMS, LOCKHEED
MARTIN AND THALES
THALES UK RESPONSES
1. Please could you summarise the impact that
the US Foreign Corrupt Practices Act has had on your business.
Thales' policy has always been to strictly abide
by the laws of the countries where it operates. It is particularly
true for the subsidiaries that operate in the US, which have internal
procedures to comply with American laws.
The 1997 OECD Convention, signed 20 years
after the FCPA, integrated the goal of the FCPA and enhanced it
marginally. Thales anti-corruption Group-wide procedures and organisation
is set to abide by the OECD Convention as a whole, and by all
national implementing legislations of the signatory countries
where the Group operates.
2. What impact, if any, would the draft Bribery
Bill have on your organisation's systems and business practices
were it to be made law?
Following the 1997 OECD Convention, Thales
has deployed a robust Group-wide organisation and policy to prevent
corruption. Whilst we would review our policies and procedures
in the light of any new legislation in order to ensure compliance,
we do not anticipate the need to make substantial changes were
the Bribery Bill to be enacted in its current form.
3. How workable, from your company's perspective,
is the "legitimately due" test under clause 4(3)(b)
of the draft Bill?
We fully endorse the concerns expressed, and
amendments suggested, by the CBI in their written evidence paper
to the Committee.
4. What is your view on where the burden of
proof should lie for the new corporate offence provided for in
clauses 5 and 6 of the draft Bill: should it be a matter
for the prosecution to prove negligence, or for the defence to
prove adequate procedures or due diligence?
We endorse the views of the CBI and the Anti-Corruption
Forum in their written evidence to the Committee on this proposed
offence.
5. Are there any specific changes that should
be made to the draft Bill that you have not had an opportunity
to identify before now?
Please see our general evidence paper that accompanies
these responses.
6. Is there any further information that you
wish to supply in connection with your appearance on 3 June?
Please see our general evidence paper and the
Thales Group Head Office response requested by the Committee.
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