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ARTICLE · 16 SEPTEMBER 2010

Consultation on New Bribery Act Published

Matthew Arnold & Baldwin
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The Bribery Act 2010 (Act) is due to come into force in April 2011.

United KingdomLitigation, Mediation & Arbitration
Emma Cameron
Emma Cameron

Background

The Bribery Act 2010 (Act) is due to come into force in April 2011. The current English law on bribery was considered to be unsatisfactory because it did not comply with the Organisation for Economic Co-operation and Development's Bribery Convention, ratified by the UK in 1998. The handling by the English courts of the investigation into bribery allegations against BAE Systems has also been the subject of much criticism. The Act is designed to address these issues.

Commercial organisations will have a defence against the offence of failing to prevent bribery if they can show that they had "adequate procedures" in place to prevent persons "associated" with the organisation from making bribes. The Act does not provide any detail as to what constitutes such "adequate procedures".

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