Guidance about procedures organisations can put in place to prevent bribery
The Ministry of Justice has published its guidance about procedures that relevant commercial organisations can put into place to prevent persons associated with them from bribing (guidance). An organisation that can prove it has such adequate procedures can use that as the basis of a defence to the offence of failing to prevent bribery under section 7 of the Bribery Act 2010. The guidance sets out six principles intended to give all commercial organisations a starting point for planning, implementing, monitoring and reviewing their bribery free business regime. The guidance recommends a risk based approach to adopting adequate procedures, and recognises that different procedures will be appropriate dependant upon the size of the organisation, the sectors and jurisdictions in which it does business, as well as the nature of its business partners and transactions. Procedures should be proportionate to the risks faced by the organisation.
Organisations will need to review their businesses, carry out the relevant risk assessments and determine whether their procedures are adequate to prevent bribery. Where they are not, they should seek to implement anti-bribery procedures without delay. The Bribery Act will come into force on 1 July 2011.
Keep the date! Birkett Long will be giving a seminar on the Bribery Act in Chelmsford - Tuesday 20 September and Colchester - Friday 23 September 2011, to provide an overview of the act and practical guidance for businesses in dealing with it.
In the meantime for assistance in relation to the Bribery Act contact David Wisbey at david.wisbey@birkettlong.co.uk
