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ARTICLE · 29 SEPTEMBER 2010

Bribery Act 2010

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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The Ministry of Justice (MOJ) has launched an 8 week consultation on the "adequate procedures" guidance under the Bribery Act 2010.

United KingdomGovernment, Public Sector
Stewart Hey
Stewart Hey
Lynne Gregory
Lynne Gregory

MOJ publishes draft guidance on adequate procedures defence

The Ministry of Justice (MOJ) has launched an 8 week consultation on the "adequate procedures" guidance under the Bribery Act 2010.

As set out in our client briefing in June 2010, one of the most controversial provisions of the new Act is that section 7 provides that a "commercial organisation" will commit a strict liability corporate offence of failing to prevent bribery if anyone performing services on the organisation's behalf (whether in the UK or internationally) commits bribery. This could extend to agents, joint venture partners, franchisees, introducers or subsidiaries. This is punishable by an unlimited fine. The only defence is for the organisation to prove it had adequate procedures in place designed to prevent bribery being committed by those performing services on its behalf (section 9). The burden of proof is on the organisation to demonstrate this. Given the strict liability nature of this

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