UK Bribery Act 2010: Publication of Guidance on Adequate Procedures

Download IconDownload Print IconPrint

UK Bribery Act 2010: Publication of Guidance on Adequate Procedures

Publication

Related Solutions

Focusing on international arbitration and dispute resolution, investigations, financial services enforcement, and IP litigation.
A global team handling highly complex and sensitive matters in all aspects of litigation.
WilmerHale has a record of success at all stages of enforcement proceedings—from informal inquiries to litigation.
WilmerHale has defended clients in hundreds of class, derivative, shareholder and individual actions alleging securities fraud, breach of fiduciary duty and other corporate misconduct.
Named an “FCPA Powerhouse” and “Practice Group of the Year,” we have been involved in some of the most notable public and non-public cases and key developments related to FCPA and anti-corruption issues.
Earlier this year, implementation of the UK Bribery Act 2010 (the Act)—originally scheduled for April 2011—was delayed pending publication of Ministry of Justice (MoJ) guidance on the "adequate procedures" that businesses should put in place to prevent bribery and to provide a defence to the new section 7 offence under the Act of failure of a commercial organisation to prevent bribery. The MoJ undertook to make the guidance as "practical and comprehensive" as possible.

The MoJ today published its final guidance, and businesses have three months before the Act comes into force on 1 July 2011 to review and implement anti-corruption procedures to ensure that they do not fall foul of the new section 7 offence. It has also published a short "Quick start guide" specifically aimed at smaller businesses.

In the introduction to the guidance, UK Secretary of State for Justice Ken Clarke says: "the UK wants to play a leading role in stamping out corruption and supporting trade-led international development." However he also emphasises that "combating the risks of bribery is largely about common sense, not burdensome procedures. The core principle [the guidance] sets out is proportionality."

The guidance is based on six guiding principles, each followed by commentary and examples. The guidance is not prescriptive and is not a one-size-fits-all document. It makes clear that commercial organisations should adopt a risk-based approach, and procedures should be proportionate to the size of, and risks faced by, the organisation.

Links to the full text of the guidance and Quick start guide are below:

www.justice.gov.uk/guidance/docs/bribery-act-2010-guidance.pdf

www.justice.gov.uk/guidance/docs/bribery-act-2010-quick-start-guide.pdf

In a further development, which was expected, the UK Serious Fraud Office has also today issued Joint Prosecution Guidance in conjunction with the Director of Public Prosecutions, which sets out the approach of these two departments to any decisions they make to prosecute under the Act.

We will soon be publishing on wilmerhale.com our detailed analysis of the guidance and practical advice to assist you in compliance.

Authors

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.

I Accept Cancel