The following Corporate Crime practice note Produced in partnership with Joanne Kane of Carmelite Chambers provides comprehensive and up to date legal information covering:
The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It is designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker.
BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.
BA 2010 criminalises four distinct types of conduct (offences):
bribing another person
soliciting or accepting a bribe
bribing a foreign public official, and
(for a business only) failing to prevent bribery
Common to each of these offences are:
a (financial or other) advantage is given, promised or requested, and
there is improper performance of a function or activity
BA 2010 criminalises bribery by a person when that person, ‘A’, offers, promises or gives a financial or other advantage to another person, ‘B’:
intending to induce
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