| Guvnor

What this means for your business

5 obligations

6 penalties

5 can imprison

2 guides

Enforced by: IPO, PRA, PSR
Applies to: United Kingdom
On this page: 5 compliance obligations, 2 practical guides

Read full text on legislation.gov.uk

What you must do

5 compliance obligations under this legislation — 5 can result in imprisonment.

Offences and prohibitions 5

If your business or its employees request, agree to receive, or actually take a financial or other advantage with the aim of influencing a decision or action improperly – or if the act of requesting/accepting itself is the improper act – you are committing an offence under the Bribery Act. The same applies when a bribe is given as a reward for an improper act, or when a function is performed improperly because a bribe was requested or accepted. Conviction can lead to a substantial fine and up to ten years in prison.

Any Person s.2 FCA

If you (or your business) offer, promise or give any financial or other advantage to a foreign public official – directly or through a third party – with the intention of influencing them to obtain or retain business or any advantage, you commit a criminal offence. The law covers any such advantage, even if the official’s role is outside their authority, and it applies whether the official is a government minister, civil servant or an agent of a public international organisation. On conviction you face an unlimited fine and up to ten years in prison.

Any Person s.6 FCA

If your company commits a bribery offence (under sections 1, 2 or 6 of the Bribery Act) and it is done with the consent or connivance of a senior officer or someone acting as one, both the company and that officer can be prosecuted. On conviction they face an unlimited fine and up to ten years’ imprisonment. The rule does not apply where the senior officer has no close connection with the United Kingdom.

Director/Officer s.14 FCA

If anyone linked to your company (e.g. an employee, agent or subsidiary) offers or receives a bribe to win or keep business, your company can be convicted unless you can show you had adequate anti‑bribery procedures in place. On conviction the company faces an unlimited fine and the case is dealt with in the Crown Court. There is no custodial sentence for the company itself.

Any Person s.7 FCA

If a person or a company offers, promises or gives any financial or other advantage to another person with the intention of persuading them to act improperly (or to reward them for acting improperly) – or knows that the advantage will cause the other person to act improperly – they commit an offence under the Bribery Act. On conviction in the Crown Court the offence can carry an unlimited fine and up to ten years’ imprisonment.

Any Person s.1 FCA