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Employment and incentives law has been a key area of expertise for Lewis Silkin for many years - it currently represents approximately 40% of our business. Our team of 68 dedicated employment and incentives specialists, including 16 partners, is consistently highly ranked by the legal directories and won 'Employment of the Year' at The Lawyer Awards 2008.

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Draft Guidance on Anti-Bribery Procedures Published

Posted on September 16, 2010 by Lewis Silkin

Bribery II.jpgThe UK's Ministry of Justice has published a consultation on draft guidance under the Bribery Act 2010. (For a summary of the Act, see our earlier note, New Bribery Act - Implications for Employers.) Specifically, the guidance concerns the procedures that commercial organisations will need to implement to rely on the statutory defence to a charge of failing to prevent bribery under the Act.

The consultation will close on November 8 2010. This will allow the final version of the guidance to be published early next year, in advance of the Act coming into force in April 2011.

The proposed guidance explains procedures that an organisation should be put in place to prevent associated persons from engaging in corrupt activities. It sets out six principles, designed as a starting point for planning and introducing an anti-bribery regime and culture:

  • risk assessment;
  • top-level commitment;
  • due diligence;
  • clear, practical and accessible policies and procedures;
  • effective implementation;
  • monitoring and review.

The Ministry of Justice has made clear that guidance is intended to be flexible and the procedures it outlines will not necessarily be applicable to all organisations. For example, large multinationals are likely already to have their own anti-bribery measures in place, whereas smaller and medium-sized organisations may be addressing the issue for the first time.

This entry was written by Richard Lister.

Photo credit: hidesy
Tags: Anti-Corruption Measures, Bribery
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