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Posts Tagged ‘Bribery Act’

The Bribery Act 2010

Monday, September 5th, 2011

This entered into force on 1st July 2011 and catches all forms of business-from sole traders to large corporations. The Act catches the obvious offences of bribery, but the key new offence is the one that can be committed by commercial organizations failing to prevent bribery (section 7). A business will only have a defense, if it can show that it had in place “adequate procedures” designed to prevent bribery. This is where your next piece of ‘housekeeping’ comes in. Put those procedures in place! Set up a top level team who will scrutinize all aspects of the business and, its’ now neatly organised(!) contracts to assess possibilities of bribery. Make sure your staff anti- bribery policy has been updated. Check out the Ministry of Justice Guidance Note which sets out the steps you must take and make sure you document them all.

See: http://www.justice.gov.uk/guidance/docs/bribery-act-2010-guidance.pdf

Bribery Act will be law soon!

Wednesday, April 13th, 2011

The countdown has started and the Bribery Act will come into force on 1st July 2011. It covers the existing offences of bribing another person or being bribed as well as new offences of bribing a foreign public official and that of a commercial organization failing to prevent bribery. The penalties are severe: apart from fines, individuals can face up to 10 years in prison and the business concerned can have its operations radically curtailed both in the UK and abroad.

All forms of business need to take note and start to review their procedures so as to ensure that staff and contractors in the widest sense will not be committing bribery. I will be producing guidance note shortly to help you through the maze of the Bribery Act’s provisions. In the meantime, here is a link to the Ministry of Justice’s guidance note on the law: Click here