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Understanding the UK Bribery Act 2010

The United Kingdom Bribery Act of 2010 (“UK Bribery Act”), which came into force in July 2011, is the UK’s principal anti-corruption law. The Act criminalizes both the act of offering and receiving bribes by UK nationals or residents, applicable to actions both within the UK and internationally. It possesses extra-territorial reach, meaning that non-UK companies also fall under its jurisdiction if they conduct business within the UK or if any aspect of a bribery arrangement occurs within UK boundaries.

Under this Act, corporate entities, including companies and partnerships, can be held liable for failing to prevent bribery acts carried out on their behalf by an "associated person." This term "associated persons" is broadly defined to encompass employees, agents, subsidiaries, and any individuals who provide services for or represent the organization.

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What Constitutes a Bribe Under the UK Bribery Act?

The Act defines bribery as offering, promising, giving, requesting, or accepting a financial or other advantage to induce or reward improper performance. This includes attempts to influence decision-makers in a business context with incentives outside acceptable business practices.

Key Offenses Under the Bribery Act:

  • Offering a bribe
  • Receiving a bribe
  • Bribing a foreign public official
  • Corporate failure to prevent bribery by associated persons

The Importance of Compliance With The UK Bribery Act

Adhering to the UK Bribery Act is not only a legal requirement but a fundamental aspect of ethical business practice. Non-compliance can expose companies and individuals to severe penalties, including up to ten years of imprisonment and unlimited fines. Robust anti-bribery policies and procedures enhance business integrity and reduce risk.

Implementing Adequate Procedures

The Act provides a defense of "adequate procedures," which, if followed, protect against prosecution for failing to prevent bribery. Companies should align their compliance programs with the Ministry of Justice's Six Principles:

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GAN Integrity for UK Bribery Act Compliance

GAN Integrity supports these principles through a comprehensive anti-bribery management program, enhancing every aspect of compliance.

ABAC Program Management Third-Party Risk Management Disclosure Management Policy Management Reporting and Documentation

ABAC Program Management

Ensure your organization upholds ethical integrity and ABAC compliance through comprehensive risk assessments, effective policy management, and continuous monitoring. Capabilities include:

  • Third-party due diligence: Mitigate bribery and corruption risks with integrated questionnaires, sanctions checks, and risk intelligence data.
  • Disclosure management: Consolidate and assess conflicts of interest (COI), gifts, travel, entertainment, and political and charitable contribution disclosures.
  • Reporting and documentation: Maintain a complete audit trail and detailed reporting to easily demonstrate compliance to stakeholders and regulators.
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Recent Resources

Reference

UK Bribery Act — Compliance Reference — GAN Integrity

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anti-bribery and corruption — Compliance Reference — GAN Integrity

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Frequently Asked Questions

What is the difference between the FCPA and the UK bribery act?
The UK Bribery Act has a broader scope than the FCPA, as it criminalizes both offering and receiving bribes, applies to both public and private sector bribery, and covers actions within the UK and internationally. Additionally, the UK Bribery Act imposes stricter penalties, including unlimited fines for companies and up to ten years of imprisonment for individuals, compared to the FCPA's more limited penalties.
To comply with the UK Bribery Act, companies should implement robust anti-bribery policies and procedures, including comprehensive risk assessments, effective policy management, and continuous monitoring. This involves conducting thorough third-party due diligence, managing disclosures related to conflicts of interest and gifts, and maintaining detailed documentation to demonstrate compliance to stakeholders and regulators.
Non-compliance with the UK Bribery Act can result in severe penalties, including unlimited fines for companies and individuals. Additionally, individuals found guilty of offenses under the Act can face up to ten years of imprisonment.

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