17. the UK Bribery Act 2010 and Its Implications for Businesses
17. The UK Bribery Act 2010 and its implications for businesses John Rupp, Robert Amaee and Ian Redfearn , Covington & Burling LLP alone to constitute carrying on a business or part In the first two circumstances, it does not matter of a business in the UK. But it notes that the “final whether the person to whom the advantage is arbiter, in any particular case, will be the [UK] offered, promised or given is the same as the There was a time in the not so distant past when bribed and bribing a foreign public official can be courts”, and Richard Alderman, the former director person who is being induced to perform or the US Foreign Corrupt Practices Act was the only committed by any individual or commercial of the Serious Fraud Office (SFO), the UK’s lead rewarded for performing a relevant function or game in town for prosecuting those who bribed organisation if an act or omission forming part of anti-bribery enforcement authority, declared that activity improperly. In each case, the advantage foreign government officials. Although many other the offence takes place in the UK. the SFO would not be impressed with “overly may also be offered, promised or given through a countries had criminalised such conduct, many technical interpretations” of the Bribery Act. third party. others had not — and most of the anti-bribery If that jurisdictional test is not satisfied, the laws on the books of countries other than the US Bribery Act nonetheless may be triggered if any of The Adequate Procedures Guidance is not binding The term ‘relevant function or activity’ is defined were not enforced.
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