Active bribery meaning

Dana Astra IOOO v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 289 (Admin) What was the background? The Secretary of State for Foreign, Commonwealth and Development Affairs (the FCDO) designated Dana, a major real estate and construction company active in Belarus, as an 'involved person' under the 2019 Regulations, SI 2019/600, made pursuant to s 1 of SAMLA 2018. Importantly, Dana was not domiciled in the UK and had no property, assets, or commercial interests within the jurisdiction. The FCDO considered there were reasonable grounds to suspect that Dana was an involved person for the purposes of Regulation 6 of the 2019 Regulations, SI 2019/600, because it: had engaged in the repression of civil society or democratic opposition in Belarus, or in other conduct, policies, or activities that undermine democracy or the rule of law in that state, in particular through its sponsorship of the Belarusian National Olympic Committee (the BNOC); and had obtained a benefit from, or provided support...

In this issue: Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Law Commission proposes updated framework to modernise contempt of court laws The Law Commission has set out proposals for an updated regime on contempt of court, designed to tackle issues arising from online interaction and digital platforms. It would establish four separate forms of contempt, doing away with the current civil/criminal split. The model aims to clarify the rules governing behaviour in court during trials, compliance with court orders, and situations involving disruptive or prejudicial publications while proceedings are active—now treated as beginning at the point of charge....

In this issue: Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Criminal procedure and evidence From chaos to cohesion—a new architecture for contempt of court The Law Commission’s Contempt of Court: Report (Part 1) on Liability, released on 17 November 2025, proposes scrapping the traditional civil/criminal contempt split and modernising contempt law through four new contempt categories. Christopher Gribbin and Molly Vann of Mishcon de Reya LLP assess this comprehensive redesign, featuring an updated general test for contempt, precise offence definitions and rebalanced rules on publication risk—most notably redefining when proceedings become ‘active’,...

The Bribery Act 2010 (BA 2010) criminalises: offering or giving a bribe to another person (active bribery) requesting, agreeing to receive, or accepting a bribe (passive bribery) bribing a foreign public official for a business or commercial organisation only, failing to prevent bribery The purpose of this Practice Note is to present a general overview of the active and passive bribery offences in BA 2010, ss 1 and 2, together with the offence of bribing a foreign public official under BA 2010, s 6; in essence, the giving or receiving of bribes. It does not include a synopsis of the corporate offence of failing to prevent bribery, which is dealt with in Practice Note: Failure to prevent bribery—the offence. This Practice Note should be considered alongside Practice Note: The Bribery Act 2010—an introductory guide. BA 2010 came into force on 1 July 2011. Conduct occurring prior to commencement of BA 2010 is prosecuted under the previous law; see Practice Notes: Corruption...

Conflict in Ukraine news & analysis tracker—2023 [Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence—Oil Price Cap INT/2022/2469656—LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence—Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The General Licence is issued under Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019/855, reg 64. 19 December 2023 — OFSI notes expiry of correspondent...

Facilitating the performance of a duty by public officials Facilitation payments, sometimes termed ‘grease’ or ‘facilitating’ payments, are typically modest sums made to public officials or third parties in order to secure the carrying out of their functions, either more swiftly or even to ensure it occurs at all. This may extend to the giving of ‘gifts’, such as cigarettes or alcohol. In certain jurisdictions, these payments are routine and lawful (eg permitted in some situations under the US Foreign Corrupt Practices Act 1977 (FCPA 1977); see Practice Note: The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table). Are facilitation payments illegal under BA 2010? Such payments amount to the offering, promising or providing of a financial advantage and therefore constitute bribery, as the Bribery Act 2010 (BA 2010) provides no exemption. Active bribery offences Active bribery is expressly prohibited by BA 2010...

Parties This Agreement is executed on [ date ] [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Manufacturer ); and [ insert name of party ] [ of OR a company incorporated in [ country ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party, and together they constitute the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute [ and support ] the Products on [ an exclusive OR a shared exclusive ] basis in the Territory, in accordance with the provisions of this Agreement...

This Agreement is entered into on [ insert date ] Parties 1 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Manufacturer ) 2 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Distributor ) (The Manufacturer and the Distributor are each a party and, collectively, both the parties.) Background (A) The Manufacturer [ manufactures and ] supplies the [ [ luxury OR premium OR top of market ] ] Products, which are [ associated with [ high OR the highest ] standards of quality in their field ]. (B) The image, and the level of service linked to the Products, are of [ the...