Jurisdiction(s):
United Kingdom

Gifts and Hospitality under the UK Bribery Act 2010: No De Minimis Rule, Adequate Procedures, Facilitation Payments, and SFO Expectations

Published on: 16 January 2024

Published by a LexisNexis Practice Compliance expert

Legal News

Article summary

De minimis non curat lex translates as ‘the law does not trouble itself with trifles’. Yet the Bribery Act 2010 (BA 2010) suggests otherwise, clearly. Commencing on 1 July 2011, BA 2010 overhauled and superseded antiquated bribery and corruption statutes. It answered criticism of the UK framework from the Organisation for Economic Co-operation and Development (OECD). The Act signals the government’s uncompromising stance on bribery in UK commerce. Though concise—only 20 sections and two schedules—it reaches broadly across jurisdictions, establishes wide-ranging criminal prohibitions, and captures both individuals and companies operating in private and public spheres. Its effect spans both private enterprise and public administration. Matthew Vernon of Osborne Clarke explores the principal issues and risks for businesses around corporate hospitality and gifting, and outlines what organisations can anticipate from the Serious Fraud Office (SFO). Its scope is wide, with effect across private and public sectors alike.

Failing to prevent bribery

BA 2010 contains three core offences:

offering or giving a bribe to another person (active bribery);
requesting or accepting a bribe (passive bribery);
bribing a foreign (non-UK) public official.

In addition, there is a strict liability corporate offence for failing to prevent bribery...

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