Originally published March 30, 2011
Keywords: Bribery Act 2010, OECD anti-corruption legislation, anti-bribery convention, fraud
The Bribery Act 2010 is intended to modernise UK anti-corruption legislation and bring it into line with the OECD Anti-Bribery Convention. It also introduces new offences aimed at making it easier for prosecutions to be brought against corporate offenders, senior management who connive in the paying of bribes by their company to win business contracts, and in situations where bribes have not been paid directly but through intermediaries.
The new offence committed by a corporate which fails to prevent bribery by its employees and agents is a strict liability offence, subject only to one statutory defence, that is if an organisation can show that it had "adequate procedures" in place to prevent bribery. The Bribery Act mandates the Government to introduce guidance on what "adequate procedures" means.
The UK Government's long-awaited guidance on "adequate procedures" was finally published today (30 March 2011). The Justice Secretary, Kenneth Clarke, also announced today that the Act itself will come into force on 1 July 2011. The Serious Fraud Office and Director of Public Prosecutions today also published joint guidance for prosecutors in relation to the Bribery Act.
The Government's guidance, rather than being prescriptive, is designed to be of general application and is formulated around six principles. The emphasis is on the need for a risk-based approach to managing corruption risk and for procedures that are put in place to be proportionate to the corruption risk faced by an organisation. To read a full discussion of the guidance, follow the link below.
Mayer Brown commentary on UK Government's "adequate procedures" guidance
UK Government Guidance - full text
SFO/DPP guidance for prosecutors
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