The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. The Act prohibits bribery of public officials and business-to-business bribery and establishes company liability for corrupt acts committed by persons acting on behalf of the company.
With global jurisdiction, companies can be held liable in the UK for acts of corruption committed by employees, agents or subsidiaries anywhere in the world.
The Government considers that procedures put in place by commercial organisations wishing to prevent bribery from being committed on their behalf should be informed by six principles (not prescriptive), Proportionate procedures, Top-level commitment, Risk assessment, Due diligence, Communication, Monitoring and review.
Section 1 makes it an offence for a person ('P') to offer, promise or give financial or other advantages to another person in one of two cases:
- Case 1 applies where P intends the advantage to bring about the improper performance by another person of a relevant function or activity or to reward such improper performance.
- Case 2 applies where P knows or believes that the acceptance of the advantage offered, promised or given in itself constitutes the improper performance of a relevant function or activity.
Section 6 creates a standalone offence of bribery of a foreign public official. The offence is committed when a person offers, promises, or gives financial or other advantages to a foreign public official with the intention of influencing the official in the performance of his or her official functions.
Organisations can continue to provide bona fide hospitality, promotional or other business expenditure that is reasonable and proportionate.
Training and Awareness
(1) Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.(2)Subject to subsections (3) to (5), any amendment, repeal or revocation made by Schedule 1 or 2 has the same extent as the provision amended, repealed or revoked.(3)The amendment of, and repeals in, the Armed Forces Act 2006 do not extend to the Channel Islands.(4)The amendments of the International Criminal Court Act 2001 extend to England and Wales and Northern Ireland only.(5)Subsection (2) does not apply to the repeal in the Civil Aviation Act 1982.
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