THE EFFECT OF THE UNITED KINGDOM (UK) BRIBERY ACT BEYOND ITS BORDERS

Introduction

Following the adoption of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention)in 1997 by member countries of the OECD, and the successes witnessed by the US in fighting bribery of foreign public officers under the auspices of the 1977 Foreign Corrupt Practices Act (FCPA), the UK updated its laws on criminalization and prosecution of persons involved in bribery of foreign public officials by enacting an Anti-Bribery Act in 2010.
In this four –part article titled ‘The effect of the United Kingdom (UK) Bribery Act Beyond its Borders’;  this first article gives a brief background to why the Act was established and the persons covered by the Act. The second article deals with the various categories of offenses and emphasizes on business conducts for both UK and foreign companies to ensure compliance with the Act and signify when a bribe has been offered or received. The third article deals with measures that can be instituted by a company to prevent bribery while the fourth article in this series will compare and contrast both the FCPA and Bribery Act while reviewing some key aspects that vary between the two legislations.  The articles each illustrate the provisions with related cases.

Background

Prior to the Bribery Act, the UK criminalised the bribery of foreign public officials principally by relying on the Prevention of Corruption Act 1906, the Public Bodies Corrupt Practices Act 1889 and the common law bribery offence which all date back to… Read more

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One thought on “THE EFFECT OF THE UNITED KINGDOM (UK) BRIBERY ACT BEYOND ITS BORDERS

  1. Come May 29th Nigeria will have a government which has promised to a) fight corruption effectively, b) Resolve insecurity challenges and c) grow the economy. In the last few years thanks to the FCPA and UK Anti Bribery regimes we have seen Nigerian businesses and individuals sanctioned overseas for corruption acts committed in Nigeria, whilst same persons walk free in Nigeria even in one or a few cases where they have faced trial. What can we learn from how these jurisdictions have handled related corruption cases?

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