The Acts defines four new criminal offences:
- offering or paying a bribe
- requesting or receiving a bribe
- bribing a foreign public official. (A specific offence required to comply with the OECD Convention)
- a corporate offence of failing to prevent bribery being undertaken on its behalf.
The act defines ‘bribery’ in wide terms, to capture the differing ways in which bribes are made or received. It sets out several scenarios, or “cases”. The one which is expected to apply to most businesses is the offence of giving a bribe, specifically:
"The defendant offers, promises or gives a financial or other advantage intending to induce another person to perform improperly one of their functions in their position of trust and responsibility, or as a reward for improper performance"
The legislation applies to all companies, partnerships and individuals based in England, Scotland, Wales and Northern Ireland, as well as foreign companies and individuals doing business in the UK. It has a global reach, applying to acts or omissions taking place anywhere in the world.
Download the White Paper below:
Read and/or Print the full UK Bribery Act White Paper