Combating international corruption
The Government is working to equip UK exporters and overseas investors with practical advice and tools to manage the risks of overseas corruption in an increasingly complex global marketplace.
In the 2011 Trade and Investment White Paper the Government undertook to press for a global level playing field in bribery rules and to provide clear and practical advice on the Bribery Act and overseas security risks and bribery risk management tools.
Overseas corruption hurts honest companies and raises the costs of doing business. Recent corporate studies by a range of professional service providers such as KPMG, Ernst & Young and Price Waterhouse Coopers show that a significant number of UK companies have lost business to a bribing competitor or turned down overseas opportunities due to overseas corruption. You can view reports from these studies using the related links on the right of this page.
Bribery Act 2010
New legislation to reform the criminal law of bribery received Royal Assent on 8 April 2010. The Bribery Act 2010 came into force on 1 July 2011. You can find guidance on previous bribery law here (relating to bribery before 1 July 2011).
The Bribery Act:
- replaces the fragmented and complex offences at common law and in the Prevention of Corruption Acts 1889-1916;
- creates two general offences covering the offering, promising or giving of an advantage, and requesting, agreeing to receive or accepting of an advantage;
- creates a discrete offence of bribery of a foreign public official;
- creates a new offence of failure by a commercial organisation to prevent a bribe being paid for or on its behalf (it will be a defence if the organisation has adequate procedures in place to prevent bribery).
The Secretary of State has issued guidance on what commercial organisations can do to prevent persons associated with them from bribing.
The Director of the Serious Fraud Office and the Director of Public Prosecutions have published guidance setting out their approach to prosecutorial decision-making in respect of offences under the Act
Global level playing field
Bribery and corruption are a barrier to trade and hamper development around the world. Foreign bribery is actively prosecuted in some countries, most notably Denmark, Germany, Italy, Norway, Switzerland, United Kingdom and the United States.
The UK is contributing through the OECD Working Group on Bribery International Business Transactions, the UN Convention Against Corruption and the G20 anti-corruption working group to increasing global awareness, enforcement and investigation of foreign bribery. This has recently resulted in both China and Russia criminalising foreign bribery and in improved enforcement by Australia and Canada, bringing their first and second foreign bribery prosecutions respectively
Practical advice and tools
BIS sponsors a free guidance website on managing the risks of international corruption, aimed at small and medium enterprises in particular. BIS also negotiated a 2010 a good practice guide to corporate anti-bribery procedures by the Organisation for Economic and Corporate Development (OECD)
UK Trade & Investment (UKTI) provides country-specific guidance on overseas bribery and corruption issues. UK overseas posts are regularly instructed to report allegations of UK involvement in foreign bribery and to provide advice and assistance to UK companies on managing the risks of corruption. BIS work with both UKTI and FCO to provide practical training on these instructions, including an on-line toolkit and regular briefings to outgoing Commercial Officers and Political Officers.
We promote leading United Nations and OECD good practice for avoiding involvement in overseas corruption, as part of wider corporate responsibility standards. We also promote anti-corruption tools from the International Chamber of Commerce, Transparency International and sector-specific initiatives on codes of conduct and transparent procurement. Please use the right-hand panel related links for more information on sector initiatives.
Transparency International UK (TI-UK) provides independent, impartial training and advice based on extensive knowledge of good practice in the anti-corruption field. You can access their e-learning modules from the right-hand panel related link
