• The UK Bribery Act: Is Your Anti-Corruption Programme An 'Adequate Procedure'?
  • May 17, 2010
  • Law Firm: Shearman Sterling LLP - New York Office
  • On 8 April 2010, the Bribery Act 2010 was passed in the UK. It creates a number of new offences expected to come into force later this year, including a corporate offence of failing to prevent bribery punishable by up to an unlimited fine. That offence will apply to “relevant commercial organisations”, which includes any company or partnership carrying on a business or part of a business in the UK. The prosecution will not need to show any fault on the part of the company, but it will be a defence for the company to show that it had in place “adequate procedures” designed to combat bribery. This note will discuss such procedures and identify what businesses can be doing now to help ensure that they are well prepared.