UK Business Anti-Corruption Initiatives

The following section describes the key public and private business-relevant anti-corruption initiatives initiated by organisations in the UK.

Bribery Act 2010

The Bribery Act entered force in 2011 and establishes company liability for corrupt acts committed by persons acting on behalf of the company. With global jurisdiction, companies can be held liable for acts of corruption committed by employees, agents or subsidiaries anywhere in the world. Unlike the US Foreign Corrupt Practices Act (FCPA), the Bribery Act does not distinguish between large and small bribery payments, meaning facilitation payments are not excluded.

“Adequate procedures” constitute a full defence under the Bribery Act, which are established through adherence to the Six Principles: (1) proportionality, (2) top-level commitment, (3) risk assessment, (4) due diligence, (5) communication, and (6) monitoring and review. The Ministry of Justice provides the Bribery Act 2010: Guidance to assist companies in establishing procedures.

Deferred Prosecution Agreements (DPA) recently became available to UK prosecutors and now provide a course of action against companies between full prosecution and no prosecution. However, DPAs are at the discretion of the prosecution and require a number of consideration to be fulfilled. The Deferred Prosecution Agreements Code of Practice is available from the Serious Fraud Office.

Download the full text of the Bribery Act 2010 (PDF)

The Department for Business, Innovation & Skills (BIS)

BIS coordinates government work to support ethical business overseas through guidance on current bribery laws and co-sponsorship of this Portal. BIS represent the UK at the Organisation for Economic and Corporate Development (OECD) Working Group on Bribery and acts the UK contact point under the OECD Guidelines for Multinational Enterprises .

The Department for International Development (DFID)

DFID is committed to tackling corruption and ensuring that the aid it gives is used for its intended purpose. DFID is working to address the underlying causes of corruption and international factors that allow it to flourish.

Misuse of funds is not tolerated, and the DFID Anti-Fraud and Corruption Policy is distributed to its staff. This anti-corruption policy is also a commitment to getting value for money on behalf of the UK taxpayers. Without certainty that governments are committed to human rights, poverty reduction or good public financial management, DFID does not provide direct financial aid.

DFID standard terms and conditions attached to contracts over £25,000 contain firm anti-corruption clauses and other clauses that protect DFID from being associated with any company found guilty of serious corruption charges. Action will also be taken to recover any funds that have been lost. Similarly, funding may be recovered and future funding withheld from partner governments where arrangements for preventing or detecting fraud and corruption fail to improve.

DFID staff found to have been involved in fraudulent and corrupt activity or to have been negligent in the exercise of supervisory duties will be subject to disciplinary and, where appropriate, criminal proceedings.

UK Export Finance

The UK Export Finance is the country's export credit agency and helps investors by providing credit insurance policies, political risk insurance on overseas investments and guarantees on bank loans. UK Export Finance is the operating name of the Export Credits Guarantee Department (ECGD).

Under its Mission and Principles it aims to take account of factors beyond the purely financial, and of relevant government policies, including in respect of bribery and corruption when it is asked to support export transactions. Furthermore, it is ECGD’s policy to comply with all International Agreements which apply to the operations of Export Credit Agencies, the relevant agreement on bribery and corruption being the OECD Council Recommendation on Bribery and Officially Supported Export Credits.

UK Trade & Investment (UKTI)

UKTI is committed to helping tackle and reduce the bribery and corruption exposure of UK companies overseas. UKTI provides advice and support on how to trade internationally, but does not make commercial judgements for a company. In providing businesses with tailored support to help them achieve success, UKTI provides advice on bribery and corruption where it is appropriate and relevant.

UKTI's Training Unit offers a package of training support to reflect the needs of its staff and customers. This incorporates specific reference to bribery and corruption overseas as well as the wider issues of Corporate Social Responsibility. Together with its parent departments, the Foreign and Commonwealth Office (FCO) and the Department for Business, Innovation & Skills (BIS), UKTI distributes the UK Bribery and Corruption Law Leaflet and continues to conduct a range of awareness-raising activities in the business community. Awareness-raising in the English regions is delivered through UKTI teams of International Trade Advisors and the Tradeshow Access Programme, while overseas awareness-raising is delivered through UKTI commercial teams on UK Overseas Posts.