The Ministry of Justice has released its long awaited ‘guidance’ in respect of the Bribery Act 2010 (‘BA2010’).
As you will be aware from Regulatory Roundup 26, it will be a defence for organisations (as per section 7 of BA2010) where ‘adequate procedures’ were in place to prevent bribery. The ‘adequate procedures’ will stem from this now published guidance (as per section 9 of BA2010).
Despite concerns expressed in some quarters, genuine hospitality (dinner, tickets to sporting events etc.) will not be caught by the Act, but ‘facilitation payments’ – unlike US foreign bribery law – will not be exempt (although ‘legally required administrative fees or fast-track services’ will not be regarded as facilitation payments).
The guidance confirms that the Act comes into force on 1 July 2011 (three months after publication of the guidance).
Complyport will work with its retained clients to ensure that suitable, and adequate, procedures are in place in a timely manner.
