Failure to prevent bribery is a strict liability offense applicable only to relevant commercial organizations.
A relevant commercial organization is guilty of a Section 7 offense if:
- a person associated with it (an “associated person”)
- bribes another person
- intending to obtain or retain business for the commercial organization, or intending to obtain or retain an advantage in the conduct of business for the commercial organization.
An associated person bribes another person if, and only if, the associated person is, or would be, guilty of an offense of bribing another person or bribing a foreign public official under the Bribery Act, ignoring the jurisdictional provisions of the Act.1
For more on who qualifies as an associated person, see here.
1 Bribery Act 2010, c. 23, § 7 (UK).