Bribery Act 2010 overview
The Bribery Act 2010 is now in force. It creates the
most onerous anti-corruption regime in the world.
Businesses operating in the UK face criminal liability for
bribes paid by third parties, wherever in the world that activity
takes place. The Act raises the prospect that businesses could
face prosecution in relation to bribes that they do not know about,
paid by business partners overseas. It will, however, be a
complete defence to show that "adequate procedures" were in place
to prevent bribery. In March the UK government published
guidance on what measures are likely to be considered "adequate",
giving businesses 3 months to put the necessary arrangements in
place.
The Act also codifies existing anti-Bribery law by
introducing:
- A general offence targeting the payer of a bribe.
- A general offence targeting the recipient of a bribe; and
- A specific offence prohibiting the bribery of foreign public
officials.
Commentary
The scope of the Bribery Act is potentially very
wide. Concern has been voiced over the approach that will be
taken in practice; in particular in relation to hospitality, to
facilitation payments, and to businesses which have limited links
to the UK. The way in which the Act is enforced by the
prosecuting authorities, and interpreted by the Courts will, over
time, begin to paint a better picture for businesses of the real
risks they face. We will be following these developments
closely over the coming months, and will be providing regular
commentary.
The key enforcement developments can also be tracked by
referring to our Enforcement Trends Table.
You may also be interested in the SFO
investigations tracker.
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