• U.K. Ministry of Justice Publishes Guidance on the Bribery Act 2010
  • April 14, 2011 | Authors: Christopher R. Brewster; Zaldwaynaka (Z) Scott
  • Law Firms: Kaye Scholer LLP - Washington Office ; Kaye Scholer LLP - Chicago Office
  • On March 30, 2011, the United Kingdom’s Ministry of Justice (“MOJ”) published its long-awaited Guidance to the “Bribery Act 2010,” the most far reaching anti-bribery legislation since the U.S. Foreign Corrupt Practices Act (“FCPA”). The Bribery Act makes it an offense to give or receive a bribe and to offer or agree to receive a bribe, whether the bribe is made or not. The Act also introduces the new offense of “failure ... to prevent bribery,” imputing liability to a commercial organization if a person “associated with” the organization bribes another person, provided that the intent of the bribe is to obtain or retain business for the organization, or to obtain or retain an advantage in the conduct of the organization’s business. The offense of “failure ... to prevent bribery” extends not only to U.K. corporations, but also to any company, wherever incorporated, which “carries on a business, or part of a business, in any part of the United Kingdom.” Whether the corporation knows or has reason to know of the employee’s bribery-related activity is irrelevant. Senior officers with a “close connection” to the United Kingdom may also be prosecuted if they “consent[ed] or conniv[ed]” in the commission of a bribery offense.