Bribery Act Guidance
Thursday 07 April, 2011
On 31 March 2011, the Ministry of Justice published its Guidance on the Bribery Act 2010 and set the date for the Act to come into force: 01 July 2011. After that date, commercial organisations will be at risk of the corporate offence of failure to prevent bribery, and will need to have, by then, “adequate procedures” designed top revent bribery, which, under the Act, will afford a defence.
The Act is silent as to what ‘adequate’ procedures will look like but required the Government to provide guidance on the point. Following the publication of its draft guidance in September 2010, the Government came under increasing pressure for a review of the Act. There was criticism that the Act went too far, placing companies at unnecessary risk of criminal liability, and tending to stifle business. The Guidance as issued seems intended, in part, to meet these criticisms. It contains not only ‘Guidance about procedures which relevant commercial organisations can put in place to prevent persons associated with them from bribing’ (to give it its full title), but also a commentary on the corporate offence, explaining the policy behind it and how the Government expects the Act to apply in practice. It is something of a balancing act between reassuring businesses on the one hand and upholding the legislation on the other. This article highlights some of the headline topics.
Bribery Act Guidance Full Article
Date: Tuesday 22 - Wednesday 23 May, 2012
Location: Dexter House, London
Ince & Co partners Kevin Cooper and Stephen Askins are leading a workshop on “Responding to and managing a Piracy incident” on Wednesday 23 May.
Date: Wednesday 20 June, 2012
Location: London
Ince & Co partner Stephen Askins is participating in the First BIMCO seminar on GUARDCON, the much anticipated GUARDCON standard contract for the employment of security guards on vessels, on Wednesday 20 June.