ARTICLE
15 August 2018

Act Now To Ensure Compliance With The Criminal Justice (Corruption Offences) Act 2018

W
Walkers

Contributor

Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
Following the signing of a commencement order on 30 July 2018, the Criminal Justice (Corruption Offences) Act 2018 (the "Act") is now in force.
Cayman Islands Criminal Law

Introduction and Overview

Following the signing of a commencement order on 30 July 2018, the Criminal Justice (Corruption Offences) Act 2018 (the "Act") is now in force. The Act represents a comprehensive overhaul of the Irish anti bribery and corruption ("ABaC") regime. A detailed overview of the Act, including detail on the Act's criminal penalties and extra-territorial effect, is set out in our previous advisory available here. In order to ensure your company, board and senior management mitigate the risk of a breach of the Act, we have set out below key steps that you should take immediately.

Steps to Protect your Company, Board and Senior Management

It is a defence to proceedings under the Act for a company to prove that "it took all reasonable steps and exercised all due diligence to avoid the commission of the offence". In practice, to ensure this defence is available to your company, you should take steps including:

  • put in place (or update your existing) ABaC policy with reference to the Act;
  • ensure your compliance officer (or another suitable member of staff) is assigned ownership of the company's ABaC policy and framework, with appropriate reporting to the board;
  • ensure your board/senior management consider and receive training on you company's ABaC policy;
  • consider if wider staff training is required; and
  • update (or implement) a gifts and entertainment register for your company.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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