Bribery Act 2010

The Bribery Act 2010 is an anti-corruption law in the United Kingdom. It was adopted in April 2010 and entered into force on 1 July 2011. A special feature of this law is that it has a global scope, and both individuals and companies can be sanctioned. For this reason, comparisons with the Foreign Corrupt Practices Act (FCPA ) are produced.

Global coverage

A perpetrator ( natural or legal person) may be also held responsible if he commits a Bestechungstat abroad and it has a close connection ( "close connection" ) with the United Kingdom has. A close connection always exists if the offender holds the citizenship of one of the countries of the United Kingdom, or has his habitual residence. A legal entity falls within the scope when it was incorporated under the laws of the United Kingdom.

Facts

Responsibility for own actions

Punishable are a variety of acts of bribery. Essentially, this German criminal offenses of bribery ( § 334 StGB) and corruption meet ( § 332 StGB) as well as bribery and commercial bribery ( § 299 StGB). A special feature is that even so-called " facilitation payments " are covered.

Responsibility for the actions of third parties

Responsibility of the management

If a company has committed a Bestechungstat itself, the company's senior management can also be held responsible, even if it has no property offenders. A "senior officer" as a person of the top leadership of the company is always responsible for the Bestechungstat when was consented to the offense was committed or the company this was at least tolerated.

Control of the enterprise

A company can be held liable for the actions of third parties. It is likely to act in this case a form of " vicarious liability".

A responsibility exists whenever a person ( natural or legal) to another person ( natural or legal) impresses with the intention to conclude a business by bribery or continue or to gain an advantage in the conduct of the business. Furthermore, the acting person a " associated person " has to be in relationship with the company, but by which employees may also be covered external agents or subsidiaries. It is remarkable that it does not matter whether the act was committed in the UK. Only a sufficient link with the United Kingdom must be given. This may be the case with exports to the United Kingdom or in a subsidiary located there.

Example: A company with a permanent establishment in the United Kingdom, can be held liable for the act of an employee in South America to account.

But there is a possibility of defense for the company. So it will not be held responsible if on "adequate procedures" (eg: reasonable measures) has to prevent corruption deeds in the company. The Lord Chancellor and Secretary of State for Justice, Kenneth Clarke, has concretised in a guideline these measures as follows:

The so- described compliance program is merely a non-binding recommendation