"Developments such as the sentencing
of the Sweett Group plc to a fine of
£2.25m in February 2016 for securing
and retaining contracts in Dubai
through bribery committed by its UAE
subsidiary and the creation of the UK’s
International Corruption Unit mark a
maturing of the UK’s anti-corruption
enforcement regime. In addition,
the continued growth of investment
opportunities in high risk jurisdictions
means that prevention and detection
policies are still critically important for
UK business."
Ian Hargreaves
Partner
1. What is bribery?
The enactment of the UK Bribery Act 2010
(the “Act”) has codified the previously
fragmented law in England and Wales
in respect of the offence of bribery, and
establishes:
- two general criminal offences of giving
or receiving a bribe or other advantage
(including offering, requesting or agreeing
to accept the same);
- a specific offence of bribery of foreign
public officials; and
- a new corporate offence of failure
to prevent bribery by anyone who
is associated with a commercial
organisation and performs services
on its behalf.
2. What are the
exceptions/defences?
A business could avoid conviction under
the corporate offence of failure to prevent
bribery if it can show that it had adequate
procedures in place designed to prevent
bribery. There is no exception under English
law for facilitation payments.
3. What are the sanctions?
Sanctions include unlimited fines for
companies and imprisonment for up to 10
years for individuals. Since 2014, the
Serious Fraud Office added to its
enforcement armoury when it became able
to enter into Deferred Prosecution
Agreements (“DPAs”) with corporates guilty
of economic crimes. Under a DPA,
proceedings are instituted but then deferred
on terms (such as the payment of a financial
penalty, compensation and implementation
of a compliance programme). If the terms of
the agreement are met in the agreed period,
proceedings are discontinued. However, if
the terms of the agreement are breached
the prosecution can be recommenced. It
should also be noted that in October 2014,
sentencing guidelines on financial penalties
for companies convicted of economic
crimes came into force. These guidelines
are used to inform the level of any financial
penalty that forms part of a DPA or in
sentencing anyone found guilty of an
offence under the Act.
More from the Anti-Bribery and Corruption Guide:
Australia, Belgium, China, France, Germany, Hong Kong, Italy, Saudi Arabia, Singapore, Spain and United Arab Emirates.