Bribery of a foreign public official meaning

FEPA FEPA is a landmark statute that, for the first time in US history, criminalises foreign officials who solicit or receive bribes in return for carrying out an official act to secure a commercial benefit. It applies where a foreign official seeks or takes bribes from issuers or domestic concerns, or from any person whilst the official is in the US. Enacted with bipartisan, bicameral backing, the law grants federal prosecutors expansive extraterritorial authority to pursue corrupt foreign officials who demand or accept bribes. For decades, the Foreign Corrupt Practices Act (FCPA) was the only foreign bribery regime, and it addresses the supply side of misconduct—ie, paying or offering bribes to public officials to gain a business advantage. Yet the FCPA does not authorise prosecutors to charge the other participant in a quid pro quo-style bribery scheme—the bribe-seeking official—and, until FEPA’s arrival, the Department of Justice (DOJ) has resorted to applying other statutes, such as money laundering and wire fraud, when seeking to indict corrupt foreign officials...

Here we set out the background to the Guralp DPA, consider the issues that arose regarding the disgorgement of profits and the DPA’s duration, and explain how the court addressed these matters... Background Guralp agreed a DPA with the SFO in October 2019, becoming the sixth company in the UK to do so. This followed an investigation into claims that the business had bribed a foreign public official to secure sales of its technology. Over a 13‑year span, three former staff members were said to have made corrupt payments to an official at the Korean Institute of Geoscience and Mineral resources to guarantee purchases of Guralp’s seismic monitoring equipment. Although the individual defendants were acquitted at trial, the company admitted conspiring to make corrupt payments and, for conduct after 2011—when the Bribery Act 2010 (BA 2010) took effect—failing to prevent bribery. The case against the company concluded through the DPA, which was publicly disclosed once the individuals’ trials had finished. Owing to Guralp’s fragile financial position, the DPA...

On 21 November 2024, the prosecutor, working with its French peer, the Parquet National Financier (PNF), launched a bribery inquiry concerning the French aviation and defence conglomerate. Thales maintains a major footprint in the UK, with its subsidiary employing over 7,000 people across 16 locations. The company, which is partly owned by the French state, produces technology, sensors and software fitted to civilian and military aircraft, among them the Rafale fighter. A French judicial source told MLex last week that the case centres on a PNF investigation opened in July 2024 into suspected bribery of a foreign public official, influence trading and money laundering tied to an Asian arms deal. The PNF has now teamed up with the SFO on the case, each authority respectively concentrating on its own jurisdiction in parallel...

The Bribery Act 2010 (BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 (BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs...

ARCHIVED : This Practice Note is archived and is no longer being updated. For information on the US Foreign Corrupt Practices Act, see Practice Note: The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table. As organisations move into new markets to capture growth, caution is vital, as fresh opportunities also carry fresh challenges. Multinational companies, in particular, face exposure where a subsidiary, affiliate, employee, or agent engages in misconduct that breaches the US Foreign Corrupt Practices Act (FCPA). The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) are prioritising FCPA enforcement and show no sign of easing their pursuit of FCPA actions. To prevent, detect, and remediate behaviour that may violate the FCPA, in-house counsel and compliance professionals should identify business areas at risk and understand the conduct the FCPA prohibits. This note offers an overview of the law, how it applies to your company’s operations, and a primer on the essential elements of an effective...

This Practice Note offers an introduction and addresses matters concerning its scope of application. It sets out best practice guidance on helping your clients meet FCPA requirements, including establishing and running an effective anti‑corruption compliance programme within their organisations. The Practice Note also outlines current FCPA enforcement patterns. For organisations operating across borders, it is crucial that they grasp their duties and constraints under the FCPA. As enforcement intensifies and regulators gain unprecedented visibility into the transactions themselves, informing organisations about the FCPA is a highly valuable professional service lawyers can deliver. For further detail on the FCPA, see Practice Notes: Practical steps in a bribery investigation—UK and US perspectives and The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table, as well as: Best practices in FCPA investigations—checklist. FCPA—an overview As companies ambitiously push into new territories in search of growth, they should move carefully, as this can bring fresh challenges. Multinationals, in particular, face an elevated risk that a...

What are bribery and corruption? Corruption, in broad terms, is the misuse of entrusted power through dishonest conduct to secure personal or commercial benefit. Bribery is a form of corruption and, in a business setting, refers to any advantage—financial or otherwise—offered or accepted with the aim of rewarding or prompting the improper performance of a public, business or employment-related task. Performance is improper where there is an expectation that the activity will be undertaken in good faith, yet it is carried out in a way that breaches that expectation. What are the four offences under the Bribery Act 2010 (BA 2010)? BA 2010 sets out four principal bribery offences: bribing another person requesting or accepting a bribe bribing a foreign public official failing to prevent bribery (this applies only to businesses) Who can be involved in bribery? Bribery can be carried out by individuals, corporate entities and their officers, as well as by foreign public officials...

Summary The Bribery Act 2010 (BA 2010) took effect on 1 July 2011. It extends to any company incorporated in, or trading from, the UK and captures bribery carried out for its benefit anywhere in the world, irrespective of where it occurs. It is markedly wider than earlier anti-corruption legislation. BA 2010 states plainly that individuals must not offer or receive bribes, and it establishes a distinct offence of bribing a foreign public official. In addition, a company is liable where bribery is undertaken on its behalf, unless it has adequate procedures in place to prevent bribery. What amounts to adequate procedures is not defined by BA 2010; businesses must make their own assessment of adequacy. Guidance from the Ministry of Justice (MoJ) makes clear we must maintain a robust, enforced policy against bribery and corruption that is understood by everyone. Accordingly, I enclose, for your approval and comment, a [ n ] [ Group ] anti-bribery and corruption policy...