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United Kingdom

Anti-Bribery and Corruption Laws in United Kingdom

United Kingdom
Source of lawThe Bribery Act 2010 (in force from 1 July 2011)
Offence

General Offence
Bribing (s1)
Offering or giving a financial or other advantage to a person:

  • intending to induce them, or another, improperly to perform a public function or business activity, or as a reward for the same; or
  • knowing or believing the acceptance would in itself constitute improper performance.

General Offence
Being bribed (s2)

  • Requesting or accepting an advantage intending personally or through another, improperly to perform a public function or business activity, or as a reward for the same
  • Requesting or accepting such advantage when the request or acceptance would itself constitute an improper performance of a public function or business activity; or
  • Improperly performing such a function or activity in anticipation of receiving such an advantage.
The bribe  
Is there a presumption that the advantage was given/received corruptly?NoNo
Would facilitation payments be caught?Yes Yes 
Would corporate hospitality be caught?Depends on intentDepends on intent
Is there any de minimis?NoNo
Does the bribe have to be monetary?NoNo
Public officials  
Does the offence only apply to bribing public officials?NoNo
Acts performed outside Belgium  
Can bribery performed outside Belgium be caught?Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK)Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK)
Does the act also need to be illegal in the foreign country of performance?NoNo
Who can be liable  
UK nationals?YesYes
UK company?YesYes
UK  partnership (including limited liability partnerships) incorporated?Yes  2 “Person” is not defined but under s5 and 11 of the Interpretation Act 1978, “person” is to be construed as extending to “a body of persons corporate or unincorporate”. Yes
Director of UK  company?Yes (either directly or if the director consented or connived in an offence committed by the company 3 If no act or omission which forms part of the offence by the company took place in the UK, the Director or senior officer must have a “close connection” with the UK i.e. by being a British national or resident, or a national of a British overseas territory. )Yes (either directly or if the director consented or connived in an offence committed by the company)
UK company if the bribe is committed abroad by its foreign subsidiary?NoNo
Foreign subsidiary of an UK company if the bribe is committed abroad?NoNo
Foreign national/company/partnership if bribe is committed in UK?YesYes
Foreign national domiciled or “ordinarily resident” in UK if bribe is committed outside UK?YesYes 
Foreign company/partnership if bribe is committed abroad?NoNo
Penalties  
Penalties

Individuals

  • Imprisonment for up to ten year
  • Unlimited fine
    Companie
  • Unlimited fine
  • Debarment from public contract
  • A confiscation order under the Proceeds of Crime Act 2002 (POCA)

Individuals

  • Imprisonment for up to ten years
  • Unlimited fine
    Companies
  • Unlimited fine
  • Debarment from public contracts
  • A confiscation order under POCA
Defences  
Are there any defences available?NoNo
Source of lawThe Bribery Act 2010 (in force from 1 July 2011)
Offence

Bribing a foreign public official (s6)
Offering or giving to (or with the assent of) a foreign public official any advantage that is neither permitted nor required by the written law applicable to that official intending to:

  • to influence them in their capacity as a foreign public official and
  • obtain or retain business or a business advantage.

 

Corporate offence (s7)
A company or partnership failing to prevent bribery (under s1 or 6) committed anywhere in the world by a person performing services on its behalf intending to obtain or retain business or a business advantage for the company / partnership UNLESS adequate procedures were in place designed to prevent the bribery.
The bribe  
Is there a presumption that the advantage was given/received corruptly?NoNo
Would facilitation payments be caught?Yes Yes 
Would corporate hospitality be caught?Yes  1 Unlike the other offences, the offence of bribing a foreign public official does not require “impropriety” as part of the wrongful act, but only that the advantage is given in order to “influence”. Clearly, corporate hospitality is intended to influence the recipient to look favourably on the giver of the hospitality. Therefore, the legislation relies on prosecutorial discretion with respect to corporate hospitality given to foreign public officials. Depends on intent
Is there any de minimis?NoNo
Does the bribe have to be monetary?NoNo
Public officials  
Does the offence only apply to bribing public officials?YesNo
Acts performed outside Belgium  
Can bribery performed outside UK be caught?Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK)Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK)
Does the act also need to be illegal in the foreign country of performance?NoNo
Who can be liable  
UK nationals?YesNo (only corporates and
partnerships can be liable)
UK company?Yes Yes
UK partnership (including limited liability partnerships) incorporated?YesYes
Director of UK company?Yes (either directly or if the director consented or connived in an offence committed by the company)No
UK company if the bribe is committed abroad by its foreign subsidiary?NoYes (if the subsidiary is performing services on the UK company’s behalf and the bribe was made with the intention of obtaining or retaining business or a business advantage for the parent)
Foreign subsidiary of an UK company if the bribe is committed abroad?NoYes (if the company “carries on a business, or part
of a business” in any part of the UK)
Foreign national/company/partnership if bribe is committed in UK?YesNo
Foreign national domiciled or “ordinarily resident” in UK if bribe is committed outside UK ?YesYes (but the act also needs to be illegal in the foreign country of performance)
Foreign company/partnership if bribe is committed abroad?NoYes (if the company “carries on a business, or part
of a business” in any part of the UK)
Penalties  
Penalties

Individuals

  • Imprisonment for up to ten years
  • Unlimited fine
    Companies
  • Unlimited fine
  • Debarment from public contracts
  • A confiscation order under POCA

Companies

  • Unlimited fine
  • Debarment from public contracts  4 The Government has indicated that such a conviction would not automatically trigger debarment but it remains a discretionary penalty.
  • A confiscation order under POCA
Defences  
Are there any defences available?NoYes (it is a defence for the corporate to show that it
had in place “adequate procedures” designed to
prevent bribery on its behalf)  5 Adequate procedures, in line with Government guidance published in March 2011, should heed six broad principles which are (1) proportionality, (2) commitment to an anticorruption culture from the senior management of the organisation, (3) assessment of possible risks, (4) due diligence on parties dealt with in the course of business, (5) communication and training on procedures and policies and (6) monitoring and review of the same.