SFO secures £10m DPA – what this means for corporates

The underlying conduct related to failures to prevent bribery in connection with three overseas public‑sector contracts pursued through the use of third‑party agents. These included a contract worth up to £200 million awarded by the Omani Ministry of Transport and Communications, and two contracts sought in Algeria relating to IT, e‑commerce solutions and encryption technology for government bodies. Although the Algerian contracts were ultimately not secured, the court accepted that the company did not have adequate procedures in place to manage bribery risks arising from the use of agents in high‑risk jurisdictions.

This is the SFO’s first DPA in four years and demonstrates that DPAs remain a central part of the UK corporate enforcement toolkit where companies self‑report, cooperate and remediate effectively.

The case is a timely boost for the SFO, reinforcing its enforcement role and signalling continuity and resolve notwithstanding recent uncertainty surrounding the director and the organisation’s future.

The DPA was secured for failure to prevent bribery under the Bribery Act 2010, highlighting the ongoing exposure for corporates where their procedures are not genuinely “adequate”.

Ultra self‑reported the conduct, cooperated with the investigation and undertook reform. Those factors were central to the availability of a DPA and avoidance of prosecution. Early identification of issues remains critical.

The DPA requires three years of reporting on the effectiveness of Ultra’s anti‑bribery and compliance programme – underlining that policies alone are insufficient without testing, monitoring and evidence of real‑world effectiveness.