The UK Bribery Act 2010 And It’s Implications For Guernsey

The UK Bribery Act 2010 (the "Act") came into force on 1 July 2011. Whilst the Act does not have direct application in Guernsey, Guernsey companies can be caught by it and businesses should be aware of its impact.

Guernsey has had its own anti-corruption legislation in place for many years in the form of the Prevention of Corruption (Bailiwick of Guernsey) Law 2003, which creates statutory offences of accepting and offering bribes.

The Act has similar provisions to the law in Guernsey but also has an offence of failing to prevent bribery (which is contained in Section 7 of the Act). In addition, the Act also creates a corporate offence, which will render organisations (companies or partnerships) criminally liable for offences committed by persons acting on behalf of the organisation (referred to in the Act as "associated persons"). Organisations will be liable, even if the senior controllers of the organisation are not aware of the bribery.