The Sections 1, 2, and 6 primary offenses of bribery, being bribed, and bribing a foreign public official apply where either:

  • conduct that forms part of the offense takes place in the UK; or
  • conduct that would form part of the offense takes place overseas by someone with a close connection to the UK.

The following may qualify as a person having a close connection to the UK:

  • a British citizen;
  • a British overseas territories citizen;
  • a British national (overseas);
  • a British overseas citizen;
  • a person who under the British Nationality Act 1981 was a British subject;
  • a British protected person within the meaning of that Act;
  • an individual ordinarily resident in the UK;
  • a body incorporated under the law of any part of the UK; and
  • a Scottish partnership.

The Section 7 corporate offense of failure to prevent bribery applies only to a relevant commercial organization.  However, a relevant commercial organization can be responsible for bribery committed by its associated persons anywhere in the world, regardless of whether or not the associated person has any connection with the UK.1

For more on relevant commercial organizations, see here.

1 Bribery Act 2010, c. 23, § 12 (UK).

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