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Bribery Act and compliance

New UK bribery legislation is amongst the toughest in the world, and came into force on 1 July 2011.

The Bribery Act 2010 introduces four offences, with the new Corporate Offence causing the most concern to commercial organisations, and which can be caught by the Act simply because they carry out business in the UK.

They can be responsible for acts of bribery committed on their behalf, by agents or others, and without their knowledge. 

It should be remembered that all the prosecution needs to prove is that bribery occurred or that an offer has been made to someone who acted in anticipation of receiving an advantage. The individual does not need to be prosecuted in order for there to be a prosecution against an organisation.

The burden will then shift to the organisation to prove that it had in place ‘adequate procedures’ designed to prevent employees or others associated with it from engaging in such conduct. If so, there will be a full defence to the Corporate Offence.

There is recognition under the legislation that no bribery prevention regime will be capable of preventing bribery at all times. The defence exists to encourage commercial organisations to put procedures in place to prevent bribery by persons associated with them. 

Our team has provided numerous clients with sensible and pragmatic advice on how the Act will affect their business, and has worked with them to devise realistic compliance plans to ensure they can demonstrate ‘adequate procedures’, should the need arise.

The Regulatory team can help you with:

Arrange a free Bribery Act online training demonstration

Our flexible online e-learning training course, which can be client branded, sector specific, and is undertaken remotely, has already trained hundreds of people on both the legislation and their own internal anti-corruption policies and procedures. For a free no-obligation demonstration, please contact Rachel Keightley on 03700 863243 or email rachel.keightley@shoosmiths.co.uk.

You can find out more information in our Bribery Act compliance training tool flyer.

Bribery Act legal updates

All legal updates are correct at time of publication.

FCPA compliance alone is not sufficient
Recent research amongst UK businesses has shown them to be complacent about compliance with the UK Bribery Act.
Date: 2012-05-14

A comparison between UK Bribery Act and the FCPA
The UK Bribery Act is wider in scope than the US Foreign & Corrupt Practices Act (FCPA) in a number of respects.
Date: 2012-05-09

Are you complacent about Bribery Act compliance?
What exactly is causing UK businesses to be complacent about compliance with Bribery Act legislation?
Date: 2012-04-19

Bribery Act misses may be caught by other legislation
Government guidance that suggests parent companies are unlikely to be snared by anti-bribery legislation that catches a subsidiary could lull businesses into a false sense of security.
Date: 2012-03-06

Adequate procedures under the Bribery Act: New guidance and a British standard

Date: 2012-02-14

First Bribery Act conviction sees court clerk sentenced to six years' imprisonment
Munir Patel, an administration clerk at an Essex magistrates' court, today became the first person to be convicted under the new Bribery Act.
Date: 2011-11-18

Court clerk first to be charged under new Bribery Act
An administration clerk at an Essex magistrates' court is the first person to be charged under the new Bribery Act, after allegedly accepting £500 from a defendant to 'fix' a motoring offence.
Date: 2011-09-01

Bribery Act: Compliance for developers
New legislation, described as the toughest anti-corruption measures in the world, came into force on 1 July.
Date: 2011-08-25

The Bribery Act: Facilitation payments - A real dilemma
Commercial organisations attempting to comply with the UK Bribery Act 2010 face a real dilemma when it comes to facilitation payments.
Date: 2011-08-24

The Bribery Act 2010: There is no such thing as a free lunch for pension scheme trustees
The Bribery Act clarifies and simplifies the pre-existing law on bribery, creating a new legal framework to combat bribery in the private and public sectors. It is aimed at corporate activity but it also applies to trustees of individual pension schemes.
Date: 2011-08-01

Throwing light on the meaning of adequate procedures?
The new "corporate offence" introduced on 1st July by the Bribery Act 2010 has been the subject of much discussion.
Date: 2011-07-27

Anti-bribery due diligence: Buyers and investors beware
The UK Bribery Act 2010 is now in force in the UK, and alongside existing exposure under the US Foreign Corrupt Practices Act 1977 reinforces the investment case for carrying out effective anti-bribery due diligence.
Date: 2011-07-14

Corporate hospitality and the Bribery Act
The Bribery Act 2010 came into effect on 1 July 2011. It is amongst the toughest anti-bribery and corruption legislation in the world.
Date: 2011-07-01

Bribery Act compliance: Only two weeks to go - how far have you got?
With the Bribery Act coming into force on 1 July 2011, many businesses are struggling to have all their procedures in place to ensure compliance. The message is, 'Don't panic'.
Date: 2011-06-17

Bribery Act guidance issued
The Bribery Act will now to come into force on 1 July 2011.
Date: 2011-03-30

Bribery Act Compliance: Should you delay?
New legislation described as the toughest anti-corruption measures in the world and due to come into force in April, has been delayed.
Date: 2011-02-09

Bribery Act delay could cause more problems than it solves
It is being widely reported today that implementation of the Bribery Act 2010 will be delayed, though there has been no official announcement by the Government or the Ministry of Justice.
Date: 2011-02-01

New bribery legislation: A compliance plan
A top New Year priority for many will be to ensure that their organisation has adequate procedures in place to comply with the Bribery Act 2010.
Date: 2011-01-11

Bribery Act 2010: Adequate procedures and personal liability
The consultation period set by the Ministry of Justice concerning its guidance for assessing whether adequate procedures are in place to combat bribery and corruption has now closed.
Date: 2010-11-09

What does the Bribery Act have to do with HR?
The Bribery Act 2010 comes into force in April 2011 and has been described as the toughest anti-corruption legislation in the world.
Date: 2010-10-14

Bribery Act delayed six months
The Government announced today that the Bribery Act will come into force in April 2011 - not October 2010 as previously expected.
Date: 2010-07-20

Bribery Act 2010: A joined-up approach to correct documentation
The requirement for ‘adequate procedures’ under the Bribery Act 2010 means businesses will want to ensure they have the appropriate documentation in place before this autumn, when the new, so-called Corporate Offence is expected to come into force.
Date: 2010-07-09

Businesses urged to prepare as Bribery Bill becomes law
The Bribery Bill has finally become law, introducing a completely new regime with which British businesses will need to comply.
Date: 2010-04-08

Bosses face up to 10 years in jail under new bribery laws
Company directors could be jailed for up to 10 years if their business is caught by the proposed new Bribery Act.
Date: 2010-03-30

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Ron Reid

Partner
T: 03700 86 3317
I: +44 (0)1604 54 3317
E: ron.reid@shoosmiths.co.uk