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(Information as of 21 June 2007)
Date of deposit of instrument of ratification/acceptance or date of accession
The United Kingdom signed the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“the OECD Convention”) on December 17, 1997, and deposited its instrument of ratification on December 14, 1998. The UK’s ratification was extended to the Isle of Man in 2001.
Implementing legislation
The Anti-Terrorism, Crime and Security Act 2001 received the Royal Assent on 14 December 2001. As such, Part 12 of the Act, which came into force on 14 February 2002, amended the scope of the UK law as it relates to bribery, bringing in provisions to strengthen the law on international corruption.
Other relevant laws, regulations or decrees that have an impact on a country’s implementation of the OECD Convention or the Recommendations
The Public Bodies Corrupt Practices Act 1889
The UK has prosecuted the crime of bribery under the common law (unwritten) for many centuries but the crime of corruption only entered statute law (written) in 1889 when Lord Randolph Churchill MP introduced a Private Members’ Bill which outlawed bribery of public officials.
The Prevention of Corruption Act 1906
In 1906 a new Act was introduced which makes it a crime to bribe any ‘agent’. An agent is anybody employed by or acting for another, whether in the public or private sector.
The Prevention of Corruption Act 1916
In 1916 the law was changed again and the ‘presumption’ of corruption was introduced. Under this provision, if a contractor gives a gift to a public official, that gift shall be presumed to be corrupt unless the accused person can prove otherwise. This can be said to represent a ‘reversal of the burden of proof’, meaning the accused person is in effect denied the presumption of innocence. The Law Commission recommended the abolition of the presumption. The Government has said it will repeal this law soon.
The Anti-Terrorism, Crime and Security Act 2001
UK corruption law then remained largely unchanged until 2002, when the above Act entered into force. This introduced new provisions to give U.K. courts jurisdiction over crimes committed abroad by UK nationals and UK companies.
A Corruption Bill will be put to Parliament as soon as legislative time permits. This bill will replace these disparate Acts and the common law with one comprehensive Corruption Act. In March 2007, the Home Secretary asked the Law Commission to take this work forward with a view to preparing a draft bill in 2008.
Other information
Relevant authorities
Foreign and Commonwealth Office
King Charles Street
London
SW1A 2AH
Tel: 0207 008 2682
Fax: 0207 008 3905
Ministry of Justice
2 Marsham Street
London
SW1P 4DF
Tel: 0207 035 6995
Fax: 0207 035 xxxx
Relevant Internet links to national implementing legislation
http://www.hmso.gov.uk/acts/acts2001/20010024.htm
http://www.hmso.gov.uk/acts/en2001/2001en24.htm
Signature/Ratification of other relevant international instruments
The United Kingdom has signed the Council of Europe Criminal Law Convention on Corruption and joined GRECO (www.greco.coe.int). The round 1 report was published September 2001 and the compliance report published August 2003. An on-site evaluation mission was completed April 2004.
The United Kingdom signed the United Nations Convention Against Corruption (UNCAC) on 9 December 2003 and ratified UNCAC on 14 February 2006.
UK Law became fully compliant with the convention when the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005 came into force on the 31 December 2005, and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 came into effect on 1 January 2006.
Working Group on Bribery Monitoring Reports
Phase 1: Review of Implementation of the Convention and 1997 Recommendation http://www.oecd.org/dataoecd/8/24/2754266.pdf
Phase 1bis: http://www.oecd.org/dataoecd/12/50/2498215.pdf
Phase 2: Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions. http://www.oecd.org/dataoecd/62/32/34599062.pdf
The site visit by lead examiners and secretariat took place in July 2004. The report was debated at the December 2004 Bribery Working Group meeting and published on 18 March 2005.
Phase 2: Follow-up Report on the Implementation of the Phase 2 Recommendations on the Application of the Convention and the 1997 Recommendation on Combating Bribery of Foreign Public Officials in International Business Transactions:
http://www.oecd.org/dataoecd/43/13/38962457.pdf
Judicial decisions (and enforcement actions)
Since 14 February 2002, 108 allegations of corruption have been recorded against British citizens or companies. Until July 2005, these were referred to the National Criminal Intelligence Service (NCIS). Since that date the Serious Fraud Office has acted as the ‘gateway’ in the UK for all such referrals or reports. These referrals are the subject of a preliminary investigation by the SFO or passed on to the appropriate police or prosecution agency.
Of the 108 matters that have been referred, 19 have the status of full investigations, either by the SFO (15) or other agency. 35 are in vetting or are the subject of preliminary investigations. 26 have been closed, one has been concluded, 2 have been tried, 1 has been discontinued and the balance closed due to insufficient evidence. In 32 cases, no action was taken either because the allegation was not substantiated or e.g. was a repeat or comprised in an earlier allegation.
As of November 2006, a new 10 person unit in the City of London Police has been providing dedicated support to the SFO on a number of foreign bribery matters.
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