Don't Gamble with the U.K. Bribery Act

Abstract:     
Those transacting with the U.K. — beware. On July 1, 2011, the U.K. Bribery Act 2010 went into effect, mandating a "zero tolerance policy" for bribery. While the Bribery Act is quite similar to the U.S. Foreign Corrupt Practices Act, the Bribery Act has broadened its influence to areas the FCPA has never seen, expanding its extraterritorial reach and applying its force to any corporation that conducts any “part of a business” — regardless of how tenuous the connection — in the U.K.

The alleged bribe does not even have to take place on U.K. soil, nor do the parties have to be from the U.K. If one party's business has a “connection” to the U.K., that corporation can be subject to the Bribery Act’s jurisdiction and be held criminally liable in the U.K. With such a wide breadth, the Bribery Act will expose many U.S.-based corporations to potential liability. As such, international corporations need to be cognizant of the Bribery Act’s reach and implications.

Keywords: U.K. Bribery Act, FCPA, Foreign Corrupt Practices Act

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