The Ministry of Justice has announced that the Bribery Act 2010 (which received Royal Assent on 8 April 2010) will come into force in April 2011.
The Bribery Act will, among other things:
- introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business unless it can show that it has adequate procedures in place to prevent bribery;
- make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad. The measures cover bribery of a foreign public official; and
- increase the maximum penalty for bribery from seven to 10 years imprisonment, with an unlimited fine.
In September the Government intends to launch a public consultation on the guidance required regarding the procedures which can be put in place to prevent bribery on their behalf (ie, what will constitute adequate procedures for the purposes of the corporate offence referred to above).
Once consultation responses have been considered, finalised guidance will be published in the New Year to allow businesses to prepare before the Bribery Act finally comes in force.
Click here for the Ministry of Justice press release.
Click here for a review of the law and enforcement on foreign corrupt practices in 15 jurisdictions.
