Following on from our update of last autumn (available by
clicking
here), The UK Ministry of Justice published its revised final
guidance last week on the UK Bribery Act 2010 (available by
clicking here), which is now scheduled to come in to
force on 1 July 2011.
The publication of the guidance was delayed by the coalition,
amidst concerns raised by businesses in relation to the new
corporate offence under section 7 of the legislation, which
penalises the failure of organisations carrying on business in the
UK to prevent bribery by persons associated to them.
Some of the key concerns that were raised included: a lack of
clarity as to the meaning of taking "adequate procedures"
in defence of the offence; that the scope of "persons
associated" was too wide; and whether hospitality and
corporate entertainment would be considered as bribery under the
new legislation. Some key issues addressed by the guidance
are as follows:
