Penalties, and why facilitation payments are illegal

The consequences of bribery are severe, for individuals and organisations alike.

Penalties for individuals

An individual convicted of a Bribery Act offence faces up to 10 years' imprisonment, an unlimited fine, or both. Directors can also be disqualified from acting as directors. A conviction ends careers in most professions.

Penalties for organisations

Organisations face unlimited fines. On top of the fine, a convicted organisation can be barred from bidding for public contracts, may have the proceeds of the tainted business confiscated, and suffers reputational damage that often costs far more than the fine itself. The SFO can also resolve some corporate cases through Deferred Prosecution Agreements, which still involve substantial financial penalties and ongoing scrutiny.

Facilitation payments

A facilitation payment is a small, unofficial payment made to a public official to speed up or secure a routine action they are already required to perform, such as processing a visa, releasing goods from customs, or connecting a utility.

Some other legal regimes tolerate these payments. The United States' Foreign Corrupt Practices Act, for example, contains a narrow exception for them. UK law does not. Under the Bribery Act, facilitation payments are bribes, full stop. The size of the payment and the local custom are irrelevant.

This matters in practice. If you are working abroad and an official asks for "a small fee to move things along" that does not appear on any official tariff, paying it would be an offence under UK law, even if everyone around you insists it is normal. The right response is to refuse politely, ask for the official written process and receipt, and report the request when you are back in contact with your manager or compliance contact.

The only recognised exception is duress: if you genuinely fear for your safety or liberty, pay, get yourself safe, and report it immediately afterwards.