UK Bribery Act
The Bribery Act 2010 came into force on the 1st July 2011. This Act amends and reforms UK criminal law and provides a comprehensive framework to combat bribery both in the UK and internationally.
The Act creates the following offences: -
- Offence of bribing another person
- Offences relating to being bribed
- Bribery of foreign public officials, and
- Failure of commercial organisations to prevent bribery
A guide to the Act published by the UK Ministry of Justice can be found here.
At BGP we have substantial experience in the conduct of bribery and corruption investigations. As such we are able to advise you on how best to enable you to deal with the potential issues raised by this legislation.
It is evident that the s.7 offence of failing to prevent bribery is one which causes the most concern to both UK businesses and those that operate within or have substantial links to the UK. Organisations that can prove that they have adequate procedures in place have a defence to this offence. However, without these in place, it is distinctly possible that companies could inadvertently commit an offence and be unable to provide any defence.
Additionally the subject of facilitation payments is one that would seem to cause both concern and confusion.
Whilst we would not in any way claim to be able to offer you legal advice, what we can do is to offer realistic and pragmatic guidance on how to approach some of the issues faced as well as providing an investigative capability should you believe that any such offences may have occurred.
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