The Bribery Act 2010

Updated on Saturday 25th June 2016

The Bribery Act 2010 Image
The Bribery Act 2010 was implemented to update and improve the UK law on bribery counting also foreign bribery, in order to focus better on the requests of the 1997 OECD anti-bribery agreement.The introduction of this new corporate criminal offence engages a problem of proof on enterprises to show they have proper measures in place to stop bribery. The Bribery Act also provides for strict punishments for active and passive bribery cases committed by persons as well as corporations.

Implications for companies and managers

The Bribery Act is a legislation of major importance for corporations merged in or carrying on resources-resources-business in the United Kingdom. It shows sharp liability risks for enterprises, managers and persons. To prevent corporate liability for bribery, businesses must make sure that they have durable, up-to-date and effective anti-bribery rules and schemes.

The Bribery Act, unlike preceding regulations, places severe liability upon enterprises for failure to avert bribes being given (active bribery) and the only defence is that the corporation had in place acceptable measures intended to inhibit individuals related with it from undertaking corruption. Transparency International UK has created a complete guide on good practice measures for company anti-bribery programmes.

Jurisdictional influence of the Bribery Act

The Bribery Act has extra-territorial spread both for UK corporations functioning abroad and for overseas enterprises with existence in the UK. Enterprises listed in the UK must pay attention to the extra-territorial influence of the Bribery Act. A business can cause a misdemeanor under section 7 of failure to avert bribery if a subsidiary, employee, agent or service supplier (related individuals) bribes another individual anywhere in the world to get or recollect resources-resources-business or a resources-resources-business benefit.

A foreign subsidiary of a UK business can make the parent corporation legally responsible under section 7 when it pledges an act of bribery bu performing services for the UK parent company. If the foreign subsidiary acted completely on its own account it would not cause the UK parent to be responsible for failure to prevent bribery under section 7, as it would not be executing services for the UK parent.

If you are accused of bribery or corruption, please feel free to contact our criminal defence solicitors in London, in order to obtain proper guidance and legal assistance.