UK Bribery Act 2010

The UK Bribery Act establishes company liability for acts of corruption committed by persons acting on behalf of the company (i.e., employees, agents or subsidiaries). Companies should be aware that the Bribery Act has near global jurisdiction and does not distinguish between bribery and facilitation payments or large and small bribery payments. The Bribery Act also establishes a defence for a company that can prove it has ‘adequate procedures’ to prevent a bribe being paid on its behalf.

Bribery Act Compliance Guide

The Bribery Act’s Six Principles provide an outline for an anti-corruption compliance system that establishes ‘adequate procedures’ to prevent a person from bribing on the company’s behalf. Implementing adequate procedures provides a full legal defence. This means a company that has implemented adequate procedures prior to the commission of a corruption offence can shield itself from corporate liability – company responsibility for the offences of persons acting on its behalf. Companies that fail to establish a compliance system risk criminal and civil responsibility, including unlimited fines and up to 10 years' imprisonment. The following Six Principles will help your company decide whether your compliance system establishes ‘adequate procedures’:

Proportionality Your company procedures should be proportionate to the size and risks of the organisation.	Top-Level Commitment Responsibility for compliance starts with top-level management.	Risk Assessment Research and identify the risks your company might face in the markets it operates.
Due Diligence Know who performs services on behlaf of your company and who represents your company.	Communication Communicate and train your company policies and procedures to staff and to those who perform services for your company.	Monitoring & Review Take steps to ensure your company keeps pace with changes to the risks and effectiveness of procedures over time.

The UK Ministry of Justice has published the Quick start guide and the more detailed Guidance to the Bribery Act. Companies should consult qualified legal and compliance professionals when evaluating their organisation’s compliance with relevant laws and regulations.

Bribery Act Summary
Bribery Act Full Text