New UK anti-corruption provisions
A detailed discussion of these new provisions must be considered for Austrian companies with economic links to the United Kingdom.
During April 2010, the Bribery Act 2010 was enacted in the United Kingdom. It is far-reaching and stricter than the Austrian Anti-Corruption Act, which makes various acts of bribery punishable by law, making it possible to sue individuals and lengal entities who contravene the provisions. It should be noted that the provisions also apply to foreign corporate bodies with an economic link to the United Kingdom regardless of the country in which the act of corruption has been committed. The business / commercial transaction, constituting bribery, does not need to have been committed within to the United Kingdom as the economic link is already established if the company or individual operates a permanent establishment in the United Kingdom or if it frequently makes purchases within the United Kingdom. However, final clarification of this term by the case law is absent.
An Austrian company will fall foul of this Act if it purchases goods from the United Kingdom, which are then processed by a foreign subsidiary who attempts to sell the goods abroad (even without involving the parent company) by bribing a foreign public official. By comparison, in Austrian law, a foreign company can according to the Association Responsibility Law only be held responsible if the criminal act (active or passive bribery) took place in Austria.
A corresponding liability will be attributable to the (Austrian) company if it fails to demonstrate that it has implemented adequate procedures for preventing corruption as prescribed by British Attorney-General. In order to exclude liability it will be necessary to establish appropriate compliance rules.