The Bribery Act 2010 (UKBA) has been in force since July 2011 and was the first in a series of UK legislation creating corporate failure to prevent offences. The act impacts UK organisations and associated persons irrespective of location, as well as non-UK based organisations doing business in the UK. To that extent it has extra territorial reach. Senior management and compliance professionals within all UK organisations need to ensure they have appropriate anti-bribery policies and procedures in place, so as not to fall foul of this offence.
Offence & Defence
Pursuant to section 7 UKBA, an organisation commits an offence if an "associated person" (employee, agent, subsidiary) with it provides an advantage to a person, with the intention of influencing that person to carry out their favourable treatment in the case of a public official. This is a strict liability offence, meaning there is no need for the authorities to prove management knowledge or involvement; the only defence is that the organisation had adequate procedures in place to prevent bribery.
Who is caught?
Unlike failure to prevent fraud/tax evasion offences, this
offence covers all UK companies regardless of size/turnover.
UK subsidiaries of overseas entities.
Foreign companies doing business in the UK, again regardless of
size or turnover.
Download our brochure to understand the relevant considerations, government guidance, and how we can help with proactive prevention support before reactive defence services are necessary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
