The Corporate Offence
An offence is committed by a commercial organisation when:
- A person "associated" with the commercial organisation (i.e. performs services for it) bribes another person (within the meaning of sections 1 and 6);
- The bribe is intended to obtain or retain business for the commercial organisation or retain an advantage in the conduct of the organisation's business.
Importantly, it is a defence for the commercial organisation to show that it had adequate procedures in place to prevent bribery being committed by those associated with it.
For a more detailed analysis of the question of whether a foreign parent company can be liable for the activities of a UK or foreign subsidiary click here.