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ARTICLE · 11 FEBRUARY 2014

Beefing Up The UK Bribery Act 2010

Mayer Brown
Mayer Brown
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The head of the UK's Serious Fraud Office has proposed a change to the Bribery Act 2010 (the "Act"), seeking broader powers to get tough with corporations that fail to prevent their staff from committing financial crimes.

Hong KongCriminal Law
Richard Tollan
Richard Tollan
Jennifer Colegate
Jennifer Colegate
Liang Pu
Liang Pu
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The head of the UK's Serious Fraud Office has proposed a change to the Bribery Act 2010 (the "Act"), seeking broader powers to get tough with corporations that fail to prevent their staff from committing financial crimes. If enacted, the measures could make it easier for the SFO to prosecute corporations under the Act. Considering the extraterritorial reach of the Act, the tabled change will have implications for corporations which, while not registered in the UK, conduct business in or through the jurisdiction.

The Proposal

The proposed change centres on Section 7 of the Act, which provides that it is an offence for a company to fail to prevent acts of bribery by its staff. The offence is one of strict liability, but corporations may avail themselves of the statutory defence of having in place "adequate procedures". As a result, for the SFO to successfully bring a prosecution under Section 7, it must be established that the "controlling mind" of the corporation -

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