The Ministry of Justice has published guidance on the procedures organisations should put in place to prevent persons from bribing. Adequate anti-bribery procedures will enable organisations to rely on the statutory defence to a charge of failing to prevent bribery under the Bribery Act 2010.
Having adequate anti-bribery procedures will enable organisations to rely on the statutory defence to a charge of failing to prevent bribery under S.7 of the Bribery Act 2010. The guidance sets out six guiding principles, each followed by commentary and examples. The principles are: proportionate procedures, top-level commitment, risk assessment, due diligence, communication (including training) and monitoring and review.
Organisations now have 3 months to familiarise themselves with the guidance prior to the Act’s implementation on 1 July 2011. Employers should conduct a full review of contractual clauses, staff handbooks, corporate codes of conduct and any related policies, such as corporate hospitality, acceptance of gifts, etc., to ensure the principles of the guidance are incorporated.
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