header-logo header-logo

09 June 2011 / Greg Wildisen
Issue: 7469 / Categories: Features , Fraud , Bribery
printer mail-detail

Locating the smoking gun

Organisations need to adapt their business processes to avoid breaching the Bribery Act, says Greg Wildisen

The Bribery Act 2010 will come into force on 1 July 2011. It is set to alter business practices for UK companies and individuals conducting business in the UK or overseas, and foreign companies with a presence in the UK. The Act introduces a general offence prohibiting active and passive bribery, a specific offence of bribing a foreign public official, and a corporate offence for commercial organisations for failing to prevent active bribery committed by their employees, agents or subsidiaries (the corporate offence).

Corporate offence defence

Pursuant to s 7(2) of the Act, it will be a defence to a corporate breach if an organisation can demonstrate that it has “adequate procedures” in place, designed to prevent persons associated with it from committing bribery. In accordance with s 9 of the Act, the Ministry of Justice has issued guidance upon what will constitute “adequate procedures” (30 March 2011). The Secretary of State summarises that: “The guidance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll