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united kingdom (bribery act)<br />
1. Bribery in the public sector<br />
Definition of a public official as receiver of gifts and benefits in bribery<br />
related offences<br />
Within the UK the offering of a gift to any person is prohibited. There<br />
is no distinction between public and commercial bribery. Foreign officials<br />
are individuals who whether appointed or elected, perform<br />
public functions in any branch of foreign, national, local or municipal<br />
government. This includes officials holding a legislative, administrative<br />
or judicial position in a foreign country or territory, or who exercises a<br />
public function on behalf of a foreign country or territory, or on behalf<br />
of a public agency/enterprise of a foreign country. The definition includes<br />
officials or agents of a “public international organisation” (e.g.,<br />
the UN).<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act contrary to their duties?<br />
Yes.<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act in accordance with their duties?<br />
No, unless the briber knows or believes that the acceptance of the<br />
benefit would itself constitute the improper performance of a relevant<br />
function or activity, e.g., the public official is prohibited from accepting<br />
the offered or promised benefit by their public service law.<br />
Is there a specific monetary limit up to which a person can offer<br />
gifts to public officials without being held criminally liable?<br />
(e.g., gifts below EUR 100 will not be considered an advantage)<br />
(Geringfügigkeitsgrenze)<br />
No, there is no specific monetary limit expressed in GBP.<br />
Is it a criminal offence to offer gifts or advantages to public officials<br />
even though there is no connection to a specific action or<br />
omission of the public official (e.g., Christmas gifts, etc)?<br />
No, unless the briber knows or believes that the acceptance of the<br />
benefit would itself constitute the improper performance of a relevant<br />
function or activity, e.g., the public official is prohibited from<br />
accepting the offered or promised benefit by their public service law.<br />
148 www.schoenherr.eu
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