Broad Anti-Bribery Anti-Corruption Requirements

The UK Bribery Act (UKBA) prohibits public or private companies from offering or accepting a “financial or other advantage” (including through a third party) in return for business.  The UKBA was enacted in 2011 to modernize UK anti-corruption laws.

The Act has four key provisions that apply to conduct in the UK or strong ties to the UK including citizenship, incorporation or residency. The first provision prohibits offering, promising or giving a bribe. The second provision criminalizes requesting, agreeing to receive or accepting a bribe. The third provision prohibits the bribery of foreign public officials. And the fourth provision establishes liability for corporate officers involved in bribery schemes.

The scope of the UKBA is broader than the FCPA in three respects:

  • The FCPA applies only to the corruption of foreign officials, whereas the UKBA applies to bribes offered or given to any person in the public or private sector.
  • The FCPA requires corrupt intent on the part of the briber, whereas under the UKBA a bribing offense is committed when such payment/advantage is not permitted by law whether the person intends to influence the foreign official or not.
  • Unlike the FCPA which applies only to persons giving or offering a bribe, the UKBA also applies to any person requesting or accepting a bribe.

 

Like the FCPA, ignorance or inaction is no protection from UKBA penalties. The consequences for violating the Act may include up to 10 years in prison for individuals, unlimited fines for corporations and permanent exclusion from competing for UK public contracts .

Compliance Made Easy

Hiperos 3PM ABAC Accelerator helps companies simplify and streamline UKBA compliance by centralizing third party information and workflows, automating and documenting due diligence, assessment and scoring of third parties, managing only third parties posing corruption risks and monitoring risk factors continuously with data directly from leading data providers. All material ABAC issues and actions taken are recorded in a central “book of record” with a verifiable audit trail. Learn more