Following much press speculation and debate on the issue,
the Government has announced that the Bribery Act 2010 will come
into force on 1 July 2011. It has published the final version of
its guidance on procedures that commercial organisations can put
into place to prevent bribery, as well as a "quick start
guide". At the same time the Serious Fraud Office (SFO) and
the Director of Public Prosecutions (DPP) have published
prosecution guidance. What does this mean for business in the UK
and abroad, and have concerns surrounding the Act now been
addressed?
Recap
The Bribery Act contains four offences: bribing another person,
offences relating to being bribed, bribery of foreign public
officials and failure of commercial organisations to prevent
bribery. The last offence is of particular interest. A commercial
organisation will be guilty of an offence ("the corporate
offence") if a person with whom it is associated bribes
another person intending to obtain or retain