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Bribery Act 2010: What does it really mean for those outside "Corporate UK"?

Your company or partnership is located outside of the UK, but does business in the UK. Like many companies, your UK office also conducts business in other overseas countries. You are fully in compliance with the US Foreign Corrupt Practices Act 1977. Why would the UK Bribery Act be relevant to you?

Well, the Bribery Act 2010, which will come into force in April 2011, repeals the UK's existing law relating to bribery, which has long been criticised as unsatisfactory and out of date. The Government, however, had broader ambitions than just remedying some of the inherent problems with the current law.

The new Act forms part of the wider international measures of recent years against the impact of commercial bribery. The focus of many of these, such as the US FCPA, is on the prevention of bribery of public officials.

The Bribery Act 2010 is wider than these other measures in a number of respects, as set out below. It seeks to establish the UK as the front line against commercial bribery, wherever that takes place, by establishing the highest international standards of regulation and by promoting bribery prevention best practice.

Contents

Click on the links below to read more.

Executive Summary

Highlights

The Act has attracted a great deal of commentary, particularly with respect to:

  • Failure to prevent bribery
  • Extra-territoriality
  • Lack of proportionality
The Offences

The Act creates four offences:

  • Paying bribes
  • Receiving bribes
  • Bribery of foreign public officials
  • Failing to prevent bribery
Penalties and Enforcement

Penalties apply to individuals and organisations.

Conclusion and Next Steps

Conclusions and practical steps which should be taken now.

Contact Us

This briefing note is intended to be an introduction to the Bribery Act 2010. If you would like to hear more about the Bribery Act 2010 or have any questions on how it might apply to your business, please contact either Tim Parker at tim.parker@harbottle.com or on + 44 207 667 5187 or Louis Castellani at louis.castellani@harbottle.com or on + 44 207 667 5171.

Harbottle & Lewis LLP
January 2011

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© Harbottle and Lewis LLP 2010

Corporate contacts
Colin Howes
Tel: +44 (0)20 7667 5106
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Rhys Llewellyn
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Tim Parker
Tel: +44 (0)20 7667 5230
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Mark Phillips
Tel: +44 (0)20 7667 5125
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Tony Littner
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Charles Leveque
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Justin Edgar
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Ally Horn
Tel: +44 (0)20 7667 5141
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Ryan McWhinnie
Tel: +44 (0)20 7667 5102
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