Bribery Act in Force Today
Posted: Friday 1 July 2011
Following years of discussions and consultations, the Bribery Act 2010 (“the Act”) finally comes into force today, 1 July 2011.
The Act consolidates existing laws on bribery and creates four distinct offences. Under the Act, it is an offence to bribe another, to receive a bribe or to bribe a foreign public official. It is also an offence for a commercial organisation to fail to prevent bribery by an associated person.
Commercial organisations of every size should ensure they have “adequate procedures” in place to prevent bribery by associated persons on their behalf. The Government has set out six principles to be borne in mind when putting procedures in place as follows:
- Proportionate Procedures;
- Top-Level Commitment;
- Risk Assessment;
- Due Diligence;
- Communication (including training); and
- Monitoring and Review.
The Act has a wide remit and can cover bribery taking place out with the UK. Penalties may be severe, with organisations facing unlimited fines and individuals facing unlimited fines and / or extensive prison sentences (up to ten years).
We have a number of experts who can answer any queries on the Act and its implications. We can also review policies and contracts, provide training and carry out due diligence. Please contact John Lunn, Corporate Partner or Innes Clark, Employment Partner for more details.
For further information, please see our in-depth article on the Act here.
