The UK Bribery Act that will take effect on July 1, 2011 will cause many sleepless nights for CEOs on both sides of the Atlantic. The law is extra-territorial in scope, with broad application not only to British companies, citizens and residents, but also to public and private foreign companies doing business in Great Britain, regardless of whether the act or omission constituting bribery occurs in or outside the UK. The burden of proof will be on the defendant, not the prosecution – a disturbing new trend in international law.
The new UK law will establish rules for two general offenses covering the offering, promising or giving of a bribe (active bribery) and the requesting, agreeing to receive or accepting of a bribe (passive bribery). The Act expands the scope of regulation to include commercial bribery, not just bribery of government officials.
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