jurisdiction
- Albania
- Algeria
- Angola
- Argentina
- Australia
- Austria
- Belgium
- Bosnia and Herzegovina
- Brazil
- Bulgaria
- Chile
- China
- Colombia
- Croatia
- Czech Republic
- France
- Germany
- Hong Kong
- Hungary
- India
- Indonesia
- Italy
- Kenya
- Luxembourg
- Malaysia
- Mauritius
- Mexico
- Monaco
- Montenegro
- Morocco
- Mozambique
- Netherlands
- Nigeria
- North Macedonia
- Norway
- Oman
- Peru
- Poland
- Portugal
- Romania
- Saudi Arabia
- Serbia
- Singapore
- Slovakia
- Slovenia
- South Africa
- Spain
- Sweden
- Switzerland
- Thailand
- Turkiye
- Ukraine
- United Arab Emirates
-
United Kingdom
Source of law | The Bribery Act 2010 (in force from 1 July 2011) | |
---|---|---|
Offence | General Offence
| General Offence
|
The bribe | ||
Is there a presumption that the advantage was given/received corruptly? | No | No |
Would facilitation payments be caught? | Yes | Yes |
Would corporate hospitality be caught? | Depends on intent | Depends on intent |
Is there any de minimis? | No | No |
Does the bribe have to be monetary? | No | No |
Public officials | ||
Does the offence only apply to bribing public officials? | No | No |
Acts performed outside Belgium | ||
Can bribery performed outside Belgium be caught? | Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK) | Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK) |
Does the act also need to be illegal in the foreign country of performance? | No | No |
Who can be liable | ||
UK nationals? | Yes | Yes |
UK company? | Yes | Yes |
UK partnership (including limited liability partnerships) incorporated? | Yes 2 | Yes |
Director of UK company? | Yes (either directly or if the director consented or connived in an offence committed by the company 3 ) | Yes (either directly or if the director consented or connived in an offence committed by the company) |
UK company if the bribe is committed abroad by its foreign subsidiary? | No | No |
Foreign subsidiary of an UK company if the bribe is committed abroad? | No | No |
Foreign national/company/partnership if bribe is committed in UK? | Yes | Yes |
Foreign national domiciled or “ordinarily resident” in UK if bribe is committed outside UK? | Yes | Yes |
Foreign company/partnership if bribe is committed abroad? | No | No |
Penalties | ||
Penalties | Individuals
| Individuals
|
Defences | ||
Are there any defences available? | No | No |
Source of law | The Bribery Act 2010 (in force from 1 July 2011) | |
---|---|---|
Offence | Bribing a foreign public official (s6)
| Corporate offence (s7) A company or partnership failing to prevent bribery (under s1 or 6) committed anywhere in the world by a person performing services on its behalf intending to obtain or retain business or a business advantage for the company / partnership UNLESS adequate procedures were in place designed to prevent the bribery. |
The bribe | ||
Is there a presumption that the advantage was given/received corruptly? | No | No |
Would facilitation payments be caught? | Yes | Yes |
Would corporate hospitality be caught? | Yes 1 | Depends on intent |
Is there any de minimis? | No | No |
Does the bribe have to be monetary? | No | No |
Public officials | ||
Does the offence only apply to bribing public officials? | Yes | No |
Acts performed outside Belgium | ||
Can bribery performed outside UK be caught? | Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK) | Yes (if committed by a British national, or resident, a national of a British overseas territory or a body incorporated in the UK) |
Does the act also need to be illegal in the foreign country of performance? | No | No |
Who can be liable | ||
UK nationals? | Yes | No (only corporates and partnerships can be liable) |
UK company? | Yes | Yes |
UK partnership (including limited liability partnerships) incorporated? | Yes | Yes |
Director of UK company? | Yes (either directly or if the director consented or connived in an offence committed by the company) | No |
UK company if the bribe is committed abroad by its foreign subsidiary? | No | Yes (if the subsidiary is performing services on the UK company’s behalf and the bribe was made with the intention of obtaining or retaining business or a business advantage for the parent) |
Foreign subsidiary of an UK company if the bribe is committed abroad? | No | Yes (if the company “carries on a business, or part of a business” in any part of the UK) |
Foreign national/company/partnership if bribe is committed in UK? | Yes | No |
Foreign national domiciled or “ordinarily resident” in UK if bribe is committed outside UK ? | Yes | Yes (but the act also needs to be illegal in the foreign country of performance) |
Foreign company/partnership if bribe is committed abroad? | No | Yes (if the company “carries on a business, or part of a business” in any part of the UK) |
Penalties | ||
Penalties | Individuals
| Companies
|
Defences | ||
Are there any defences available? | No | Yes (it is a defence for the corporate to show that it had in place “adequate procedures” designed to prevent bribery on its behalf) 5 |