In the UK, it is a criminal offence under the Bribery Act 2010 for British nationals or someone who is ordinarily resident in the UK, a body incorporated in the UK, or a Scottish partnership to bribe anywhere in the world. The UK Bribery Act 2010 defines four bribery and corruption offences:
- bribing a person;
- being bribed;
- bribing a foreign public official;
- and corporate liability for failing to prevent bribery by associated persons.
An ‘associated person’ is defined broadly as any person or entity which performs services for the organisation, which may include employees, subsidiaries and agents. A bribe refers to any inducement, reward, or object of value (e.g. money, gifts, hospitality, loans, services, discount, or award of a contract) offered to an individual to gain commercial, contractual, regulatory, or personal advantage.
The offence of corporate liability for failing to mitigate the risk of bribery offers a defence for a commercial organisation to demonstrate that it has adequate systems in place to prevent associated persons from engaging in bribery.
These offences can be triggered by illegal conduct anywhere in the World, and not just the UK.
Visit Ministry of Justice Guidance