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 is designed to be of general application and is formulated around
