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09 June 2011 / Greg Wildisen
Issue: 7469 / Categories: Features , Fraud , Bribery
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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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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