The Ministry of Justice today announced that the Bribery Act (2010) will come into force on July 1 this year. The Act introduces, in Section 7, a new offence of strict liability: the failure by a commercial organisation to prevent bribery by a person associated with it. Section 9 requires the Secretary of State to publish guidance about the procedures which such organisations can put in place to avoid liability under Section 7; this guidance was published today - see here (pdf) - and is based on six principles. With regard to Principle 2 - top level commitment - it is stated that "In a large multi- national organisation the board should be responsible for setting bribery prevention policies, tasking management to design, operate and monitor bribery prevention procedures, and keeping these policies and procedures under regular review" (at p. 24).
Wednesday, 30 March 2011
UK: the Bribery Act (2010) - guidance and coming into force date
The Ministry of Justice today announced that the Bribery Act (2010) will come into force on July 1 this year. The Act introduces, in Section 7, a new offence of strict liability: the failure by a commercial organisation to prevent bribery by a person associated with it. Section 9 requires the Secretary of State to publish guidance about the procedures which such organisations can put in place to avoid liability under Section 7; this guidance was published today - see here (pdf) - and is based on six principles. With regard to Principle 2 - top level commitment - it is stated that "In a large multi- national organisation the board should be responsible for setting bribery prevention policies, tasking management to design, operate and monitor bribery prevention procedures, and keeping these policies and procedures under regular review" (at p. 24).
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