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.
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