Sections 1 and 2 of the Bribery Act prohibit the offer and receipt of a bribe by any person. Unlike the FCPA, this covers both private and public sector bribery.
Section 6, in comparison, applies only to foreign public officials. A foreign public official:
- holds a legislative, administrative or judicial position, whether appointed or elected, in a country outside the UK;
- exercises a public function for or on behalf of a country outside the UK or a public agency or enterprise of that country; or
- is an official or agent of a public international organization.
According to the Ministry of Justice Guidance, foreign public officials include “professionals working for public health agencies and officers exercising public functions in state-owned enterprises. [Foreign public officials can also be officials or agents of a] public international organization, such as the UN or World Bank.”