0000063128 00000 n The answer is that it can, but guidance published by the that the Ministry of Justice in March 2011 (“the Guidance”) makes it clear that bona fide corporate hospitality which seeks to improve the image of an organisation, to present products and services, or to establish cordial relations is not intended to be caught by the Act.A person is guilty of an offence if they bribe a foreign official intending to obtain (or retain) business or a business advantage.It is important to note that there is no statutory permission for facilitation payments in the Act, whether under Section 6 or Section 1. This update supplements our However, the Bribery Act will come into force, and the existing UK corruption legislation repealed, on a date to be appointed by the Secretary of State. trailer<<6de89c5edb8d441a699b56499f8df965>] >> startxref 0 %%EOF 16 0 obj <> endobj 52 0 obj< 0000001907 00000 n bribery to falsify an inspection report or obtain a certificate. In other words, even if the bribery takes place in a country where bribery is culturally acceptable, unless that country’s written laws specifically allow the type of bribery to take place, the actions will be judged by the standards of a reasonable person in the United Kingdom.Concern has been expressed as to whether corporate hospitality can fall within the definitions of active and passive bribery.

Certain provisions in the Act will impact on Jersey businesses and Jersey based individuals, and everyone working within Jersey’s finance industry needs to know enough about the Act to ensure that they will not fall foul of its provisions. Therefore, unlike the position with the US Foreign Corrupt Practices Act 1977, a bribe paid to a foreign official to facilitate routine government action (for example a payment to a harbour master to prevent a delay in providing the papers to allow a ship to be released from port) is not exempt from prosecution although the Guidance suggests that where a payment is made in order to protect against loss of life, limb or liberty the common law defence of duress is very likely to be available.Sections 1, 2 and 6 are applicable to all British nationals, including anyone with a Jersey passport. 0000001153 00000 n It comes into force on 1 July 2011. This is known as “active” bribery. Ours is the only firm to advise on these five laws. Given the SFO’s stated aim to pursue overseas corporates, Jersey companies should not assume that the long arm jurisdiction is window dressing. 0000004661 00000 n This is known as “passive bribery”.Where the improper performance is carried out abroad or is not subject to UK law “any local custom or practice is to be disregarded unless it is permitted or required by the written law applicable to the country concerned”. 0000029595 00000 n A person is guilty of an offence if they offer money or another advantage to another person intending the advantage to induce the other to perform a relevant function improperly or to reward improper performance, or where they know that acceptance of the advantage would in itself be improper. The meaning of “associated person” is defined in Section 8 as “a person who performs services for or on behalf of the relevant commercial organisation regardless of the capacity in which they perform those services”. So, for example, an employee of participant A who gives a bribe in order to benefit his employer would not usually be regarded as being associated with participant B in the joint venture.The Guidance suggests that a bribe given by an employee or an agent of a subsidiary will not automatically involve liability on the part of the parent company. The sorts of case that interest me are those where an ethical UK company loses out because of a bribe paid by foreign company to secure a contract”. 0000063153 00000 n We regularly win awards for the quality of our client service, our work and our people.This client briefing has been prepared for clients and professional associates of Ogier. We are the only law firm to advise on BVI, Cayman Islands, Guernsey, Jersey and Luxembourg law. 0000011215 00000 n Furthermore, the Guidance suggests that companies which are caught by Section 7 should be asking their counterparties what measures they have in place to prevent bribery. 0000072780 00000 n 0000063943 00000 n As such, it is only directly relevant to those Jersey entities which fall within the scope of Section 7. bribery to turn a blind eye to a health safety issue or poor performance or substitution of materials or false labour charges. 0000063480 00000 n

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