On 30 March, the United Kingdom Ministry of Justice issued
long-awaited guidance for business organisations preparing for the
implementation of the UK Bribery Act (the Act), now scheduled for 1
July 2011. The Act, passed in April 2010, initially was slated for
implementation in October 2010, but its implementation has been
delayed twice, first until April 2011 and then indefinitely,
following criticism of its potentially sweeping effects and the
uncertainty surrounding its application.
The purpose of the guidance is to help organisations understand
the legislation and deal with the risks of bribery. As expected,
the guidance brings some moderation to certain aspects of the Act.
The guidance makes clear that "[t]he objective of the Act is
not to bring the full force of the criminal law to bear upon well
run commercial organisations that experience an isolated incident
of bribery on their behalf," and recognises that "no
bribery prevention regime will be capable of
