Anti-corruption regulation—United Kingdom—Q&A guide
Anti-corruption regulation—United Kingdom—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—United Kingdom—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in United Kingdom published as part of the Lexology Getting the Deal Through series by Law Business Research (published: December 2020).

Authors: White & Case LLP—Jonah Anderson; Anneka Randhawa

1. To which international anti-corruption conventions is your country a signatory?

The United Kingdom is a signatory to the following conventions:

  1. The Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

  2. The Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union;

  3. The Council of Europe Criminal Law Convention on Corruption. (Implementation of this convention is monitored by the Group of States against Corruption);

  4. The Additional Protocol to the Council of Europe Criminal Law Convention on Corruption;

  5. The United Nations Convention against Corruption;

  6. The Convention on the Protection of the European Communities Financial Interests and Protocols.

  7. The Council of Europe Civil Law Convention on Corruption (not yet ratified); and

  8. The United Nations Convention against Transnational Organized Crime (UNTOC).

The conventions above establish legally binding standards to criminalise bribery of foreign public officials and officials of public international organisations.

The Mechanism for the Review of the Implementation of the UNTOC was launched in October 2020, after 10 years of negotiation. The Review Mechanism is a peer review process designed

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