What UK Bribery Act 2010 Section 6 - Bribery of Foreign Public Officials (FPO Definition, Intent to Influence in Official Capacity, Business Advantage Test, Written Law of Country Concerned, Public International Organisations) requires
Section 6 of the Bribery Act 2010 (c. 23) creates a distinct offence of bribery of foreign public officials (FPOs) - a standalone offence with elements differing from the section 1 active bribery offence. Under section 6(1), a person P who bribes a foreign public official F is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official. Under section 6(2), P must also intend to obtain or retain (a) business or (b) an advantage in the conduct of business. Under section 6(3), bribery for section 6 purposes requires P to offer, promise or give financial or other advantage directly to F or to another person at F's request or with F's assent, where F is not permitted or required by the written law applicable to F to be influenced in F's capacity as a foreign public official by the offer, promise or gift. Under section 6(4), 'influencing' F includes any omission to exercise official functions and any use of F's position even if not within F's authority. Under section 6(5), an FPO is a person who (a) holds a legislative, administrative or judicial position of any kind of a country or territory outside the UK, (b) exercises a public function for or on behalf of a country or territory outside the UK or for any public agency or public enterprise of such a country or territory, or (c) is an official or agent of a public international organisation. Under section 6(6), a public international organisation is an organisation whose members are countries or territories, governments, other public international organisations, or any combination thereof. Under section 6(7), the 'written law' applicable to F is determined by jurisdiction - UK law if a relevant question, the rules of the public international organisation if applicable, or the written constitution, legislation, or published judicial decisions of the foreign country or territory in question. Under section 6(8), a trade or profession is a business for section 6 purposes. Section 6 is the UK's primary counter-FCPA-equivalent provision and underlies the SFO's cross-border enforcement of foreign bribery cases. Penalties under section 11 - up to 10 years imprisonment on indictment for individuals, unlimited fines for individuals and corporates, plus Proceeds of Crime Act 2002 confiscation and Public Contracts Regulations 2015 / Procurement Act 2023 debarment. Section 12 extraterritorial jurisdiction applies.
Pillar: Financial Crime, AML & Sanctions · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2010/23/section/6
SHA-256 integrity: 77c1bc9932f9619d361fbedc79a2ea160ef9841974a475e19df7098932549bc7
Primary Citations — 8 traced to source
- Bribery Act 2010 (c. 23) section 6 (Bribery of foreign public officials): subsection (1) - 'A person (P) who bribes a foreign public official (F) is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official.' Published at legislation.gov.uk/ukpga/2010/23/section/6.
- Bribery Act 2010 section 6(2): P must also intend to obtain or retain (a) business, or (b) an advantage in the conduct of business.
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