The USA Foreign Corrupt Practices Act (FCPA) is further reaching than the UK's Bribery Act 2010. Is this statement true?

The statement that the US FCPA is more far-reaching than the UK Bribery Act 2010 is incorrect. The UK Bribery Act is widely considered one of the strictest and most extensive anti-corruption laws globally. A key reason for this is the introduction of the corporate offence of 'failure of a commercial organisation to prevent bribery' under Section 7. This creates strict liability for bribery committed by an 'associated person' (including third-party agents, subsidiaries, and contractors) acting on the organisation's behalf, anywhere in the world. While the FCPA also has provisions for third-party liability, the UK Act's 'failure to prevent' offence establishes a broader and more stringent basis for corporate accountability.

A: This is factually incorrect. The UK Bribery Act covers both public and private (commercial) bribery, whereas the FCPA's anti-bribery provisions are focused specifically on the bribery of foreign public officials. B: An exemption for facilitation payments makes a law less strict, not more far-reaching. The UK Bribery Act has no such exemption, making it stricter than the FCPA on this point. D: This is misleading. The UK Bribery Act does account for facilitation payments by making them illegal without exception. The FCPA, by contrast, has a narrow exemption for such payments.

1. UK Ministry of Justice. (2011). The Bribery Act 2010 - Guidance about procedures which relevant commercial organisations can put in place to prevent persons associated with them from bribing. Page 10, Paragraph 36 states, "The Act is also wider than previous legislation as it creates a new offence of failure of a commercial organisation to prevent bribery... This addresses the question of corporate liability for bribery." Page 24, Paragraph 81 clarifies that 'associated persons' is a broad term covering those who perform services for the organisation, including agents and subsidiaries.

2. U.S. Department of Justice and U.S. Securities and Exchange Commission. (2020). A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition. Page 25 discusses the narrow exception for "Facilitating or Expediting Payments" for "routine governmental action," a provision not present in the UK Bribery Act. Pages 21-22 discuss liability for third-party agents, which is typically based on a "knowing" state of mind, a different standard from the UK's strict liability 'failure to prevent' offence.

3. Ryder, N. (2011). The UK Bribery Act 2010: A British Revolution?. Journal of Financial Crime, 18(4), pp. 339-351. https://doi.org/10.1108/13590791111173686. This article compares the two acts, noting the UK Act's broader scope, including its application to private-sector bribery and the creation of the Section 7 corporate offence, which it describes as a "revolutionary" and far-reaching provision.